Karnataka High Court.
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The High Court of Karnataka’s reasoning to reject the Forest Department’s claim over Kadugodi plantation has threatened the status of over 9.01 acre forest spread across several districts.
“Going by the HC order, nearly 3.65 lakh hectares (9.01 lakh acres) forest will become a non-forest area,” states the letter by the deputy conservator of forests, referring to 228 plantations issued by the Mysore government giving protection to forests across the
state.
The high court had said that the 1896 notification for Kadugodi plantation was not admissible as it was issued by the Mysore government and not the chief commissioner of the Madras government (Presidency). However, the chief commissioner had handed over his powers to Diwan as early as
1881.
228 plantations
Some of the 228 plantations include critically sensitive areas like Kakanakote, Metikuppe, Moyar, Bandipur, Anechowkur, Viranahosahalli in Mysuru district; Bisle, Hagarekaval, Kabbinale, Kaginere and other plantations in Hassan; Kukwada Ubrani, Malandur, Chornyaadehalli, Gangavanasara, Hunsekatte and others in Shivamogga. Together with plantations in Bengaluru, Tumakuru, Kolar and Chikkamagaluru, the Maharaja’s secretary issued notification for a total of 3,64,739.03 hectares (9.01 lakh
acres).
Sources in the department said the government not only failed to present facts before the high court, but also filed a defective order in the Supreme Court.
A copy of the petition before the apex court shows that the government did not even question the high court order and never made claims for the 449 acres it lost. Instead, it sought to secure the remaining 125 acres of
land.