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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
M. Nagappa – Appellant
Versus
State Of Karnataka Department Of Forest – Respondent
| Table of Content |
|---|
| 1. petitioners claim land ownership. (Para 2 , 3) |
| 2. arguments for and against land grant. (Para 4 , 5 , 6) |
| 3. court's analysis on land jurisdiction. (Para 7 , 8 , 9 , 10) |
ORDER :
E.S. INDIRESH, J.
Heard Sri.M.S.Rajendra, Sri.Thilak Raj S.V., learned counsels appearing on behalf of Sri.H.N.Basavaraju, Sri.Ashok K.L, learned counsels representing the petitioners and Sri.Mahantesh Shettar, learned Additional Government Advocate (AGA) for the respondents.
2. In these writ petitions, the petitioners are calling in question the orders passed by the respondent - Authorities under Section 64A of the Karnataka Forest Act, 1963 (for short 'Act, 1963') and the order passed by the Appellate Authority under Section 64A(3) of the 'Act, 1963'.
3. It is the case of the petitioners in the above petitions except the petitioners in W.P.No.2982/2014 that the petitioners have been granted land bearing Sy. No.67 of Bhuthanahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru District by the respondent-Authorities. In W.P.No.2982/2014, the petitioners are claiming ownership of the land granted in Sy. No.70 of Bhuthanahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru District.
4. Learned co
Revenue authorities lack jurisdiction to allot state reserve forest land, as established by judicial precedents; thus, claims based on such grants are untenable.
The absence of a Section 4 notification invalidates claims of land as forest, emphasizing timely authority exercise.
The Assistant Commissioner's delay in nullifying a land grant violates reasonable time limits, leading to the quashing of the decision.
The Assistant Commissioner lacks authority to reverse land regularization after 25 years without a valid notification under the Forest Act.
Proper notification under statutory provisions is essential for classification and authority actions regarding land.
The Assistant Commissioner cannot revoke land grants after unreasonable delay, especially when no proper notifications under relevant forest laws were provided.
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