The approval of the Central Government under Section 2(iii) of the Forest (Conservation) Act, 1980 is not required for the construction of a Jungle Lodge in a Reserve Forest by a body created by the State Government and controlled by it, where no private person is involved.

Heard learned counsel for the petitioners, learned

Additional Government Advocate appearing for respondent

Nos.1 to 7 as well as Mr. Mithun G.A., learned counsel

appearing for respondent No.8.

2.

This public interest litigation has been filed seeking

the following reliefs:

"a) Issue a writ in the nature of

Mandamus or any other writ or order or

direction, directing the respondents 1 to 7

to take action against the Respondent No.8

to stop and close all the activities illegally

running in the name of Jungle Lodges and

Resorts Ltd., in Dubare Reserved Forest,

Kushalanagar Range of Kodagu District, in

pursuant to the Annexure-B representation

by the petitioners.

b) Issue any such order or direction as the

Hon'ble Court deems fit in the facts and

circumstances of the case, in the interest of

justice and equity."

3.

Learned counsel for the petitioners submits that

respondent No.8 has constructed a Jungle Lodge in Dubare

Reserve Forest, Kushalanagar Range of Kodagu District which

is manifestly wrong and illegal as it has been created in

contravention of sub-section (iii) of Section 2 of the Forest

5

(Conservation) Act, 1980. His submission is that under the

aforesaid

provision,

the

permission

from

the

Central

Government is required to be taken before granting any lease

to any private person or to any authority, corporation, agency

or any other organisation not owned, managed or controlled

by the State Government. It is contended that no such

permission was taken from the Central Government before

constructing the aforesaid Jungle Lodge and as such, the

entire activities done in the name of Jungle Lodges and

Resorts Limited in Dubare Reserve Forest, Kushalanagar,

Kodagu District, is wrong and illegal.

4.

In support of his contention, learned counsel for

the petitioners has relied on the Division Bench judgment of

this Court in the case of M/s.GATEWAY HOTELS AND

GATEWAY

RESORTS

LIMITED,

BANGALORE

vs

NAGARAHOLE BUDAKATTU HAKKU STHAPANA SAMITHI,

VIRAJPET, COORG DISTRICT AND OTHERS (1999(5)

Kar.L.J. 63 [DB]).

5.

In

contra,

learned

Additional

Government

Advocate appearing for respondent Nos.1 to 7 submits that

respondent No.8 has been constituted under the Karnataka

6

State Tourism Development Corporation (KSTDC) which is a

State body. It is submitted that the Jungle Lodges and

Resorts Limited is not owned, managed or controlled by any

private person, but it is totally under the control of the KSTDC

which is created by the State Government. It is further

submitted that no permission of the Central Government is

required for constructing any Jungle Lodge by the KSTDC in

the Reserve Forest area.

6.

Learned counsel for respondent No.8 has raised

preliminary objection regarding the maintainability of the writ

petition on the ground that this public interest litigation has

been filed with some personal vested interest of the

petitioners as respondent No.8 had stopped the river rafting

activities in Dubare area which had adversely affected the

petitioners. It is submitted that no public interest is involved

in the instant writ petition and the writ petition has been filed

with ulterior motives.

7.

We have considered the submissions made by

learned counsel for the petitioners as well as learned counsel

appearing for the respondents and gone through the record.

7

8.

So far as the contention of learned counsel for the

petitioners that under sub-section (iii) of Section 2 of the

Forest (Conservation) Act, 1980, the Central Government's

permission is mandatory to be taken before assigning the

forest land by way of lease or otherwise to any authority,

corporation, agency or any other organisation not owned,

managed or controlled by the Government, we are of the

considered view that the Jungle Lodges and Resorts Limited

which has constructed the Jungle Lodge in Dubare Reserve

Forest, Kushalanagar, Kodagu District, is a body created by

the KSTDC which itself is totally controlled by the State

Government and no private person is involved in the act