Case Note & Summary
The petitioner, Emerald Haven Estates Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petition sought to quash a notification dated January 24, 2011 (Annexure-A) issued by the Government of Karnataka, which declared certain land as part of the Chamarajanagara reserved forest area. Additionally, the petitioner challenged an order dated October 21, 2016, passed by the Chief Conservator of Forests, Chamarajanagara, which held that an inquiry was being conducted to ascertain the petitioner's rights over the coffee plantation located on the said land. The petitioner was represented by Senior Advocates Sri. S. Vijay Shankar and Sri. Dhyan Chinnappa, along with Advocate Sri. Arun Kumar K. The respondents included the State of Karnataka, the Chief Conservator of Forests, the Conservator of Forests (BRT Tiger Reserve), and the Deputy Commissioner. The respondents were represented by Additional Government Advocate Sri. V.G. Bhanuprakash. During the preliminary hearing, the petitioner's senior advocate moved a court hall memorandum stating that he had been instructed not to press the challenge to Annexure-A. The court permitted the withdrawal and ordered the memorandum to be kept with the records. The court observed that the writ petition, in substance, assailed the decision of the authorities claiming the coffee plantation as part of the reserved forest area, as well as the Chief Conservator's order dated October 21, 2016. The Chief Conservator had issued a notice on December 16, 2015, proposing an inquiry under Section 99 of the Karnataka Forest Act, 1963, to ascertain the petitioner's rights over the lands. The court did not proceed further on the merits of the remaining challenge as the petitioner did not press the same. The petition was disposed of in terms of the withdrawal of the challenge to the notification, and the court did not make any further orders regarding the inquiry or the rights over the coffee plantation.
Headnote
A) Forest Law - Reserved Forest - Notification - Withdrawal of Challenge - The petitioner initially challenged a notification dated 24.1.2011 declaring land as reserved forest but later withdrew the challenge through a court hall memorandum. The court permitted the withdrawal and kept the memorandum on record. (Para 1) B) Forest Law - Inquiry under Section 99 - Rights over Forest Land - The Chief Conservator of Forests issued a notice on December 16, 2015, proposing an inquiry under Section 99 of the Karnataka Forest Act, 1963, to ascertain the petitioner's rights over the coffee plantation. The court noted that the petitioner's challenge to the order dated October 21, 2016, which held that the inquiry was to ascertain rights, was not pressed. (Paras 2-3)
Issue of Consideration
Whether the coffee plantation in question is part of the Chamarajanagara reserved forest area and whether the Chief Conservator of Forests' order dated October 21, 2016, holding an inquiry to ascertain the petitioner's rights, is valid.
Final Decision
The court permitted the withdrawal of the challenge to Annexure-A (notification dated 24.1.2011) and kept the memorandum on record. The petition was disposed of without further orders on the remaining challenge as the petitioner did not press it.
Law Points
- Withdrawal of challenge to notification
- Inquiry under Section 99 of Karnataka Forest Act
- 1963
- Rights over forest land
- Coffee plantation in reserved forest
