RAGHU NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By way of the present writ petition, the petitioners who are the residents of Hosuru Grama, Karje Post, Bramhavara Taluk, Udupi District have challenged the communication/ order dtd. 12/5/2022 (Annexure-A) issued by respondent No.4 to respondent No.3 informing respondent No.3 to stop the road work in the reserved forest area. In the said communication, a reference is made to the complaint alleging misuse of the Schedule Tribe funds for construction of road in the reserved forest area and the communication forwarded from the office of the Tahasildar, Brahmavar. In the communication of the Tahasildar, Brahmavar it was stated that the road is approximately 12.00 metres wide and is used for transportation of agricultural produce. It was also stated that the road was being used by the villagers since 1950. The respondent No.4 making a reference to the notification dtd. 1/1/1981 and observing that there is no entry regarding the road in the notification, informed the respondent No.3 - Assistant Executive Engineer to stop the road work.

(2.) In the statement of objections filed on 9/1/2023, it is stated in paragraph 8 that the Karnataka State Remote Sensing Application Centre (KSRSAC) had reported that road segment is found between the locations with GPS points 01 to 09 and estimated the approximate road width to be 5 metres using satellite image KH4A satellite image acquired on 30/1/1968. For the remaining stretch of the road between GPS points 09 to 12 KSRSAC was unable to come to a conclusion. However, from Google Earth Satellite image the entire road segment does seem to be in existence since at least 2014 (emphasis supplied by us). It is further stated that around 2000 metres of the said proposed road runs through reserved forest area and respondent No.3 had not obtained any No Objection Certificate from respondent No.4 to carry out road work in the reserved forest area. It is further stated that about 2000 meters of the proposed road runs through reserved forest area. As per the Forest Conservation Act , 1980 (for short, 'the Act'), there is provision to improve already existing roads in the reserved forest area. But, the existence of the said road itself is not mentioned or shown in the Notification and sketch (Annexure - M and M1 to the statement of objections) of respondent No.4. The development of road by Public Works Department can be done within the width of 5.0 metres and any development beyond 5.0 metres has to be got approved as per the Act and the Forest Conservation Guidelines. (emphasis supplied by us).

(3.) Considering the above referred statements in the statement of objections, we see no logical reason to appreciate the action of stoppage of road work under the communication dtd. 12/5/2022. If the road construction is within the permissible limits, the same cannot be objected and the objection can be only if the work extends beyond the existing limit. Thus, we accept the statements made in the statement of objections that the development work by Public Works Department can be done within the width of 5.0 metres and any development work beyond 5.0 metres has to be got approved as per the Act and the Forest Conservation Guidelines.