Quarrying or commercial non-forest activities are strictly prohibited on lands identified and accepted by the Supreme Court as 'deemed forest' under the Forest (Conservation) Act, 1980, and the Writ Court will not interfere with the factual classification of such lands by statutory authorities.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND QUASH THE ORDER/ COMMUNICATION ISSUED IN No.B4/Bhoomi/Deemed Forest/Sabhe/2015-16 DATED 22.08.2024 BY THE RESPONDENT No.5 VIDE ANNEXURE-M AND ORDER/ NOTICE ISSUED IN No.GaBhuE/HiBhuHa/Deemed Forest/KaGaGuShaa/2024-25/3522 DATED 05.09.2024, BY THE RESPONDENT No.4 VIDE ANNEXURE-N & ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

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

1. The petitioner has filed the present petition impugning the communication/letter dated 22.08.2024 issued by respondent No. 5 (Deputy Conservator of Forests) and addressed to respondent No. 4 (Senior Geologist); and the consequential order/notice dated 05.09.2024 issued by respondent No.4 directing the petitioner to stop quarrying and crushing activities.

2. In terms of the said letter, respondent No. 5 communicated the decision to withdraw the No Objection letters [NOC] issued by the Forest Department for permitting quarry leases in areas which are deemed forests. The said letter also referred to the lands measuring 135.97 hectares, falling under Survey No. 102, Holenarasipura, Nyamanahalli. These lands also included land on which the petitioner was carrying on quarrying and operating a crushing unit.

3. The petitioner was granted a quarry lease over an area of 10 acres in Survey No.102 of Nyamanahalli Village, Holenarasipura Taluk, Hassan District, for a period of 20 years under a registered lease deed dated 25.07.2017 for the extraction of building stone for the purpose of manufacturing M-Sand. The petitioner also secured a licence dated 18/24.06.2020 to commence a stone crushing unit on his patta land, Survey No. 138, measuring 2.16 acres, in Nyamanahalli Village, Holenarasipura Taluk, Hassan District.

4. The impugned order indicates that the Principal Secretary to the Government, Forest and Environment Department, had filed an affidavit before the Supreme Court setting out the extent of the State’s total areas under protected forests. The Supreme Court had accepted the said affidavit.

5. The said affidavit was filed pursuant to the directions issued by the Supreme Court in T.N. Godavarman Thirumulpad v. Union of India and Others (W.P. (Civil) No. 202/1995)¹1 (2008) 9 SCC 711. In the said decision, the Supreme Court had accepted an expansive definition of forest and forest land for the purpose of the Forest (Conservation) Act, 1980 and observed as under:

"it has emerged at the hearing that there is a misconception in certain quarters about the true scope of Forest (Conservation) Act-1980 (for short the "Act") and the meaning of the word 'forest' used therein. There is also a resulting misconception about the need of prior approval of the Central Government, as required by Section 2 of the Act in respect of certain activities in the forest area which are more often of a commercial nature. It is necessary to clarify that position.

The Forest Conservation Act, 1980 was enacted with a view to check further deforestation which ultimately results in ecological imbalance and therefore the provisions made therein for the conservation of forests and for matters connected herewith must apply to all forests irrespective of the nature of ownership or clas