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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D. K, SINGH
M. T. Ranjith – Appellant
Versus
Chief Conservator Of Forests – Respondent
| Table of Content |
|---|
| 1. factual background of the writ petition (Para 1 , 2 , 3) |
| 2. arguments regarding the rejection of application (Para 5 , 6 , 7) |
| 3. court analysis on deemed forests and applicable acts (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. remand for a fresh consideration of the application (Para 16) |
ORDER :
D. K. SINGH, J.
Heard Mr. H. Pavana Chandra Shetty, learned counsel for the petitioner and Mr. M.N.Sudev Hegde, learned Additional Government Advocate for the respondents-State, extensively.
2. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner impugning the order dated 23.05.2022 passed by the respondent No.2- Additional Principal Chief Conservator of Forests (Forest Resource Management), Bengaluru whereby, the petitioner's application for shifting of M/s. Kailash Wood Industries (saw mill) from its present location bearing No.21/5, Gottigere, Bannerghatta Road, Bengaluru to Survey No.28/1, Maruru Village, Arehalli Hobli, Belur Taluk, Hassan District, has been rejected on the ground that the aerial distance of the proposed site is less than 10 kms. from the boundary of the forest/deemed forest.
3. The petitioner has also ap
The court ruled that the concept of 'deemed forest', although undefined in state law, is valid under national legislation, necessitating proper legal scrutiny and just consideration of applications r....
The main legal point established in the judgment is the application of Rule 3(2) of the Saw Mills Rules and G.O.Ms.No. 91, dated 11.07.2006 in the case of shifting of existing saw mills within 5 kilo....
Existing saw mills can be relocated within 5kms of a forest if prior permission is obtained; revocation of licenses must adhere to established legal frameworks.
Lands cannot be classified as forest unless legally notified and proper procedures followed, invalidating requirements for governmental approval for non-forest activities.
The operation of illegal saw mills violates the Forest Conservation Act, necessitating immediate cessation and regulatory compliance to prevent ecological damage.
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