Case Note & Summary
The petitioner, Gireesh Achar, filed a public interest litigation under Articles 226 and 227 of the Constitution of India challenging an order dated 23.02.2017 passed by the Under Secretary to Government, Forest Ecology and Environment, Karnataka, which permitted use of a reserved forest for non-forest purpose under Section 28 of the Karnataka Forest Act, 1963. The petitioner also sought a declaration that Section 28 of the Karnataka Forest Act, 1963 is ultra vires and unconstitutional with Section 2 of the Forest (Conservation) Act, 1980. The background of the case involves a notification dated 24th June 1920 issued under the Mysuru Forest Regulation, 1900, declaring an area of 6742 acres as a State Forest. The impugned order was passed seventeen years after the Forest (Conservation) Act, 1980 came into force, without obtaining prior approval of the Central Government as required under Section 2 of the 1980 Act. The legal issue before the court was whether the State Government could permit non-forest use of a reserved forest under Section 28 of the Karnataka Forest Act, 1963 without prior central approval under Section 2 of the Forest (Conservation) Act, 1980. The petitioner argued that Section 2 of the 1980 Act overrides state forest laws and that the impugned order was invalid. The respondents, including the Government of India and state authorities, did not contest the matter substantively. The court analyzed the provisions and held that Section 2 of the Forest (Conservation) Act, 1980 imposes a blanket restriction on the use of forest land for non-forest purposes without prior central approval, and this overrides any state law. The court also referred to the Supreme Court's decision in T.N. Godavarman Thirumulkpad vs Union of India, (1997) 2 SCC 267, which mandates prior central approval for any non-forest use of forest land. The court quashed the impugned order dated 23.02.2017 and directed the respondents to take appropriate action in accordance with law, including obtaining prior approval from the Central Government if necessary.
Headnote
A) Forest Law - Non-Forest Use of Reserved Forest - Prior Central Approval - Section 28 of Karnataka Forest Act, 1963 and Section 2 of Forest (Conservation) Act, 1980 - The State Government passed an order under Section 28 of the Karnataka Forest Act, 1963 permitting non-forest use of a reserved forest without obtaining prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980. The Court held that Section 2 of the 1980 Act overrides State Forest Acts and prior central approval is mandatory. The impugned order was quashed. (Paras 1-5) B) Forest Law - Binding Precedent - T.N. Godavarman Thirumulkpad vs Union of India - The Court noted that the State Government did not follow the direction of the Apex Court in paragraph 5 of T.N. Godavarman Thirumulkpad vs Union of India, (1997) 2 SCC 267, which requires prior central approval for non-forest use of forest land. (Paras 1, 5)
Issue of Consideration
Whether the State Government can permit use of a reserved forest for non-forest purpose under Section 28 of the Karnataka Forest Act, 1963 without obtaining prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
Final Decision
The writ petition is allowed. The impugned order dated 23.02.2017 passed by the Under Secretary to Government, Forest Ecology and Environment, Karnataka is quashed. The respondents are directed to take appropriate action in accordance with law, including obtaining prior approval from the Central Government under Section 2 of the Forest (Conservation) Act, 1980 if necessary.
Law Points
- Forest (Conservation) Act
- 1980
- Section 2 overrides State Forest Acts
- prior central approval mandatory for non-forest use of reserved forest
- Section 28 of Karnataka Forest Act
- 1963 cannot be exercised without complying with Section 2 of Forest (Conservation) Act
- T.N. Godavarman Thirumulkpad vs Union of India directions binding
