D K MOHAMMAD HAJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WE have heard the appellant's learned Advocate and the learned government Advocate at considerable length and on merits.

(2.) THE learned Single Judge in this case has confirmed the order whereby the land measuring approximately 4,10 acres has been granted to the appellant and the reason for it is because it was pointed out by the Forest Department that the land comes within the boundary of the reserve forest and that under the Forest Reservation Act there is a total bar to grant any such lands. The learned Single Judge has come down very strongly on the authorities for what has transpired and has also directed an enquiry to be held for the purpose of identifying the officers responsible for this and has also opined that appropriate action be taken against those officers. We fully endorse that finding.

(3.) THE main point canvassed on behalf of the appellant was that he had applied for regularisation and that the State Government had set up a committee to examine these cases and that the committee had recommended the grant of land. The submission was that the procedure prescribed by law has been followed and that it now transpires that the land is on the edge of the forest and that the appellant should not be made to suffer for it. It was also pointed out to us that the appellant has got a small plantation there and that he is also living in the said area and the submission canvassed was that after all that has happened, that it would be extremely harsh and unfair to the appellant if action were to be taken against him. We prefer not to go into any of these aspects for the present for the simple reason that the law on the point has been very carefully examined and a conclusive finding recorded by the learned Single Judge on the point which provides a basic and total bar to the grant of forest lands. The Forest Conservation Act was specifically promulgated in order to stop the State Governments from misusing their powers. Despite the promulgation of that Act in the year 1980, in case after case, we have noticed that the State Governments have indiscriminately gone about granting forest land or regularisation encroachments on forests. Though the Supreme Court has repeatedly come down heavily on the State Governments and the concerned authorities, there does not appear to be any stop for what is happening. That however is a different issue but, despite everything that has been pointed out by the appellant's learned Counsel, we find that where the law prescribes a total bar on the granting of forest land, the records produced conclusively establish that the allocation of the land is perfectly unjustified.