CLASSIC PLANTATIONS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER has prayed for issuance of a writ of certiorari to quash the order dated 3-3-2000 passed by the 2nd respondent at annexure F; to declare that Nandi Trees and other Trees are not reserved with the Government and that the petitioner is the absolute owner thereof and, for a further direction to restrain the respondents from extracting the existing Nandi Trees in the lands of the petitioner and from transporting the same to the government depot for selling them by public auction.

(2.) PETITIONER is a partnership firm having its lands in Sy. Nos. 2, 6 and 7 of Ammadi village and Sy. Nos. 105 and 106 of kumbarakoppa Villages and cultivating coffee plantation. During the year 1981, petitioner intended to remove the trees from the land which were in excess and not conducive for the growth of coffee estate. Under the coffee Acreage Assessment Scheme vide notification dated 24-3-1885, in respect of those estates which were granted prior to that date, all trees of specified categories found in the estate were reserved in favour of the Government and those trees could be felled only after payment of value to the Government. However, in respect of grants made subsequent to 1885, except sandal wood trees, no other trees were reserved in favour of the government, rather, they belonged to the grantee of the estates absolutely. According to the petitioner, as per S. 75 of the Karnataka land Revenue Act, unless the trees of certain category have been reserved in favour of the government, all the trees found on the land granted shall belong to the occupant and not to the Government. As per Government notification dated 20-7-1976 under the karnataka Tree Preservation Act, the said Act is not applicable to coffee estates wherein number of coffee plants were not less than 750 per hectare. As such, in respect of such lands, permission is not required to fell the trees. However, when the petitioner has sought for permission from the Forest Department, the forest Department required the petitioner to obtain permission from the Deputy Commissioner/3rd respondent. Pursuant to the same, the 3rd respondent has issued a letter to the assistant Conservator of Forests stating that the estate of the petitioner had been established around the year 1918-1919. Further, as per the Kethwar records, the above said survey numbers are the coffee estate of the petitioner which he started cultivating in the year 1918-19. As such, the 3rd respondent was of the opinion that the land could have been granted before 1918-19. Based on the letter. the Forest Department levied the malki of the trees felled and demanded payment of Rs. 49,689/- and the petitioner also remitted the said amount under protest.

(3.) ACCORDING to the petitioner, even as per the opinion of the Deputy Commissioner, when it is not clear whether the lands were granted prior to 1885, it was impermissible to claim the malki. In response to the protest by the petitioner, the 3rd respondent called upon the petitioner to produce documents to establish the year in which the aforesaid lands were granted. Further according to the petitioner, as per the opinion of the Deputy Commissioner, the lands were brought under cultivation in 1918-19 as such, it cannot be presumed the lands were granted before 1885 and even according to the Deputy Commissioner, when the petitioner approached the 2nd respondent for permission to fell and remove Nandi and other trees so as to avoid excessive standing as the same would hamper the growth of coffee plantation, by order dated 4-12-1985 permission was granted to fell 140 trees and permission was rejected for the remaining trees on the ground that the said trees were reserved trees and unless the malki was paid no permission could be granted. However, on further representation by the petitioner, he was granted permission by the 2nd respondent on 5-3-1996 - annexure C, to fell 225 trees except Nandi Trees. At that juncture, petitioner filed W. P. 28893/1997 seeking for a mandamus directing the 2nd respondent to fell the trees without insisting on payment by way of malki. In the said writ petition, petitioner had contended that as per S. 75 of the Land Revenue Act, trees belonged to the petitioner. The said writ petition came to be disposed of with a direction to the 2nd respondent to ascertain as to whether any exemption was available under the Land Revenue Act as per the Government Circular in cases of coffee plantations wherein the plants grown are not less than 750 per hectare. According to the petitioner, as the respondent authority did not comply with the direction, he filed contempt petition and in order to avoid the same, the 2nd respondent passed an order on 3-3-2000. Thus according to the petitioner, the coffee plants existing were not less than 750 plants per hectare and as per the Government Circular, the Preservation of trees Act is not applicable and felling permission was also not required. Despite the same, the 2nd respondent proceeded to refuse permission to the petitioner on the ground that Nandi Trees on the estate belonged to the Government as the estate had been granted prior to 1885 and that petitioner could fell the same only on payment of malki to the Government. Hence, this petition.