The Supreme Court of India.
Credit: PTI Photo
New Delhi: The Supreme Court said that forest lands cannot be allowed to be used for non-forestry purposes, including agriculture, as it upheld the Karnataka government's decision to take back possession of nearly 134 acres of such lands in Dharwad, given to a cooperative society for cultivation.
A bench of Justices Vikram Nath and Sandeep Mehta found Gandhi Jeevan Collective Farming Cooperative Society Limited, having enjoyed cultivatory possession over the forest area for a period of more than 10 years, was not entitled for any further extension of the lease which was in the "first place illegally granted".
In an order on December 18, 2025, the court said, "Granting permission to cultivate the forest land would essentially require clearing of forest and such a course of action is in the teeth of Section 2 of the Forest (Conservation) Act, 1980, which precludes de-reservation or use of forest land for non-forestry purposes without prior approval of the central government."
The bench said the very grant of lease to the society for agricultural purposes was uncalled for because it led to devastation and deforestation of huge forest area admeasuring nearly 134 acres in Dharwad.
On March 17, 1973 and June 30, 1976, the state government granted an area of 134 acres 6 guntas of land located at Benachi and Tumarikoppa village in Kalaghatagi Taluk, Dharwad district to the respondent-society on 10 years lease starting from June 30, 1976 for agricultural purpose.
The lease was terminated on March 13, 1985. However, the forest department took over the possession of land only in 2007 after protracted litigation.
The society then approached the high court, which in 2009, granted liberty to it to file a suitable representation to the Deputy Conservator of Forests under the relevant rules within eight weeks and the state government was directed to forward the said representation to the Ministry of Forest and Environment, Union of India to pass appropriate orders within six weeks thereafter.
Before the apex court, the state government submitted that the lands fall under the category of 'forest' and are in the ownership and possession of its forest department.
It also relied upon the SC's order of November 13, 2000 in the case of Centre For Environmental Law, WWF-I Vs Union of India, declaring that de-reservation of forest or sanctuaries or national parks cannot be made without the permission of this court.
The bench also said, "We are of the firm opinion that the HC's order, giving the society an opportunity to make a representation to be considered by the central government for continuation of the lease on the forest land is not sustainable in the eyes of law.''
The bench also emphasised that this court in a catena of decisions has passed numerous mandatory directions prohibiting dereservation of forest.
"As per the extant statutes, forest lands could not be allowed to be used for non-forestry purposes which would include agriculture,'' the bench said.
The court gave the forest department 12 months to plant trees on the land and scheduled the matter on December 17, 2026 for examining compliance.