IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 596 OF 2025 (GM-FOR)

BETWEEN:

1. THE STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S. BUILDING BENGALURU - 560 001 REPT. BY THE ADDITIONAL CHIEF SECRETARY

2. THE CHIEF CONSERVATOR OF FORESTS KARNATAKA GOVERNMENT SECRETARIAT M.S. BUILDING BENGALURU - 560 001

3. THE DEPUTY CONSERVATOR OF FORESTS Digitally KUDREMUKH WILDLIFE DIVISION signed by KARKALA TALUK OFFICE JUNCTION AMBIKA H B KUKKUNDOOR POST Location: UDUPI - 574 104 High Court of Karnataka

4. THE DEPUTY COMMISSIONER DISTRICT FIELD ROAD VIJAYANAGAR CHIKKAMAGALURU - 577 101

5. THE ADDITIONAL DEPUTY COMMISSIONER DISTRICT FIELD ROAD VIJAYANAGAR CHIKKAMAGALURU - 577 101

6. THE ASSISTANT COMMISSIONER REVENUE SUB DIVISION DISTRICT FIELD ROAD VIJAYA NAGAR CHIKKAMAGALURU - 577 101

7. THE TAHSILDAR BHARATHI STREET SRINGERI - 577 139 …APPELLANTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

AND:

1. SRI ANTONY PAULY MUKKANNIKKAL AGED ABOUT 35 YEARS S/O PAULY ANTONY R/O NO.18C, LINK HERITAGE KACHERIPADI, ERNAKULAM KERALA - 682 018 …RESPONDENT (BY SRI NAVEEN R. NATH, SENIOR ADVOCATE A/W SRI ATUL M., ADVOCATE)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 23.08.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION No.2812/2024 (GM-FOR) C/W WRIT PETITION No.

4639/2023 (GM-FOR) AND ETC.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI

CAV JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. For the reasons stated in the application ‒ I.A.No.1/2025, the same is allowed and the delay of 194 days in filing the appeal is condoned.

Introduction

2. The appellants (State of Karnataka) have filed the present appeal impugning an order dated 23.08.2024 passed in Writ Petition No.2812/2024 connected with Writ Petition No.4639/2023 (GM-FOR).

3. The respondent had filed the Writ Petition No.4639/2023 impugning the proceedings of District Level Committee held on 21.07.2022 insofar as it related to agenda No.4 in respect of the writ petitioner.

4. The said meeting of the District Level Committee, which was attended by 14 officials under the Chairmanship of the Deputy Commissioner, Chikkamagalur District, Chikkamagalur was convened, inter alia, to re-examine the question of compensation to be paid to the respondent in respect of twenty Acres of land held by the respondent in Muduba Village, Sringeri Taluk [the subject land]. The value of the subject land including standing trees, was assessed at Rs.3,65,76,173/-. It was noted that five acres of the subject land had been converted for non-agricultural purposes (for establishing a tourism centre) in the year 1993-94 in terms of the land conversion order dated 28.02.1994 passed by the Assistant Commissioner, Chikkamagalur. The Tahsildar, Sringeri was instructed to provide information as to whether the respondent had used the portion of the subject land measuring 5 (five) Acres for the said purpose. It was further decided that if the land was used for the purpose for which it was converted, the value of the said land could be fixed on that basis.

5. The respondent challenged the said decision on the ground that the State Government had already sanctioned Rs.3,65,76,173/- taking into account that five acres of the land had been converted for non-agricultural use; therefore, the District Collector, being an authority subordinate to the State Government, could not deny the compensation as fixed by examining whether the five acres of land was used for non-agricultural purpose.

6. Subsequently, a meeting of the District Committee was held on 03.12.2022 and the report of the Tahsildar, Sringeri to the effect that