IN THE HIGH COURT OF KARNATAKA
K.S. Hemalekha, J.
Reshma Naveen – Appellant
Versus
State of Karnataka – Respondent
Writ Petition No. 14239/2018 (GM-FOR)
Decided On : 10-11-2022
Permission - Nature and Health Camp - Wild Life (Protection) Act, 1972, Karnataka Land Revenue Act, 1964 - The court quashed the office memorandum withdrawing permission to run the resort and directed the authority to reconsider the matter afresh along with the pending appeal after affording an opportunity of hearing to the petitioner.
Fact of the Case:
The petitioner sought to quash the withdrawal of permission to run a nature and health camp in a revenue land abutting the Cauvery Wild Life Sanctuary. The petitioner had obtained necessary permissions and licenses, but the permission was withdrawn based on a rejection order from the Chief Conservator of Forests.
Finding of the Court:
The court found that the withdrawal of permission without affording an opportunity of hearing to the petitioner and without valid reasons was contrary to the principles of natural justice. The court directed the authority to reconsider the matter afresh along with the pending appeal and to pass an independent order.
Issues: The issues revolved around the withdrawal of permission to run the nature camp, the rejection order from the Chief Conservator of Forests, and the violation of principles of natural justice.
Ratio Decidendi: The court emphasized the importance of affording an opportunity of hearing and recording reasons in support of the orders to ensure fairness in the decision-making process. The court also highlighted the need for authorities to pass speaking orders that can stand the test of scrutiny.
Final Decision: The court allowed the writ petition in part, quashed the office memorandum, and directed the authority to reconsider the matter afresh along with the pending appeal after affording an opportunity of hearing to the petitioner within a specified period.
JUDGMENT/ORDER
1. The petitioner under the caption writ petition is seeking to quash the office memorandum dtd. 31/07/2017 bearing No.PCCF(WL)/B2/CR-33/2017-18 issued by 2nd respondent, whereby the permission granted by the 2nd respondent vide order dtd. 29/07/2017 bearing No.PCCF(WL)/B2/CR-33/2017-18 to run the resort under the name and style of M/s.Sam Nature and Health Camp situated in Sy.Nos.4/7, 4/8 and 4/1 at Suligere Village, Sathnoor Hobli, Kanakapura Taluk, Ramanagar District has been withdrawn and also seeking to quash the order dtd. 16/09/2015 bearing No.C1/RESORT/GL-1933/2012-13 passed by 3rd respondent vide Annexure - C, whereby permission sought to operate the said camp was rejected.
2. The facts leading to filing of this petition are as under:
The petitioner is the absolute owner in possession and enjoyment of the revenue lands bearing Sy.No.4/1 (1 acre 19 guntas), Sy.No.4/7 (20 guntas) and Sy.No.4/8 (24 guntas), totally measuring 2 acres 32 guntas, situated at Suligere Village, Sathnoor Hobli, Kanakapura Taluk, Ramanagar District, (hereinafter referred to as "the petition land" for the sake of convenience), which were purchased vide registered sale deed dtd. 31/05/2010 and two registered sale deeds dtd. 18/01/2010 and on the basis of the sale deed, the name of the petitioner has been mutated in the revenue records. The petitioner, in order to set up the nature and health camp in the petition land, intimated the Forest Department and sought for permission from the Forest Department. The Range Forest Officer, Kanakapura Wild Life Range, Kanakapura, intimated the petitioner vide letter dtd. 05/05/2012 that necessary permission should be taken through proper channel. In light of the same, the petitioner applied and obtained permission for conversion of land from agricultural to non-agricultural purpose and also obtained building plan sanction for construction of the Eco Tourism Nature Camp from the Kadahalli Gram Panchayath commenced construction of the said building as per the sanctioned plan. The petitioner also obtained labour licence and food licence from the concerned authorities in respect of the said camp. This being so, the land of the petitioner being abutting the Cauvery Wild Life Sanctuary and the Government of Karnataka issued a Notification under Sec. 18 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as "the Wild Life Act" for short), bearing No.AHFF75 FWL 84 dtd. 14/01/1987 and the same was followed by a Final Notification under Sec. 26A(b) of the Wild Life Act with a Memorandum No.FEE 166 FW/94 dtd. 03/08/1994 declaring an extent of 526.95 sq.kms. as Cauvery Wild Life Sanctuary and thereafter, the Government of Karnataka considered it necessary to alter the limits and boundaries of the said Wildlife Sanctuary and a Notification bearing No.FEE 302 FWL 2011(IV) dtd. 27/12/2011 proposing to add certain reserved forest area to the Karnataka Wild Life Sanctuary and in the said Notification under Chapter IV of the Wild Life Act expressly excluded revenue villages, patta lands, revenue lands, gomal lands and it is stated that the lands of the petitioner are revenue lands and strictly governed and regulated by the provisions of the Karnataka Land Revenue Act, 1964 ("KLR Act" for short), were expressly excluded from area of Cauvery Wild Life Sanctuary.
3. It is stated that, the petitioner commenced the operation of M/s.Sam Nature and Health Camp in the month of August, 2013 and the petitioner sought for no objection certificate ("NOC") from the Forest Department to run the Eco Resort in the said lands. It is submitted that the NOC from the Forest Department is not mandated under any law as the said lands being revenue lands and also would fall outside the forest/sanctuary. But to the shock and surprise, the petitioner received a Notice dtd. 27/05/2014 (Annexure - K) issued by 3rd respondent/Chief Conservator of Forest, stating that the village in which the resort is situated is an enclosure v
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