Forest encroachment: Former Assembly speaker Ramesh Kumar loses appeal, directed to hand over 60.5 acres

Bengaluru: Bringing to closure a 22-year row over cases of forest encroachment by senior Congress leader and former Assembly speaker K R Ramesh Kumar, the appellate authority of the Forest Department, Chief Conservator of Forests, Bengaluru Circle, rejected his contentions and held that he has encroached 60 acres 23 guntas of forest land in Kolar.

"The appellant (Kumar) is directed to vacate and hand over peaceful possession of the encroached land within a period of 30 days from the date of receipt of this order," the order said.

The case dates back to August 2003, when forest officials booked Kumar for encroaching forest land in survey numbers 1 and 2 of Janikalkunte reserved forest in Hosahudya Village, Srinivasapura taluk. The forest was notified in 1937 by the government of the Maharaja of Mysore.

In June 2011, the then assistant conservator of forests, Chintamani sub division, issued an order directing Kumar, a senior Congress leader, to vacate the encroached forest land. In the following years, Kumar moved the forest and revenue departments as well as the judiciary several times to secure his land. As a result, he managed to hold on to the land despite a Chief Conservator of Forests (CCF) dismissing his appeal as far back as 2012.

4 surveys show encroachment

In a rare case, four joint surveys were conducted and all confirmed the encroachment. The fourth multi-department survey came in January 2025. As the findings put Kumar's encroachment at 60 acres and 23 guntas, yet another notice was issued. Kumar again filed an appeal before the CCF.

In a 48-page order, CCF Sivasankar S answered each of Kumar's contention and dismissed his appeal. The Congress leader questioned the validity of 1937 notification, stating that it should have been issued under the Indian Forest Act. The CCF, however, found it untenable and noted that the full internal authority of Mysore State was handed over to the Maharajas in 1881 and hence the notification was issued under Mysore Forest Regulation 1900.

Kumar relied on the Kolar deputy commissioner's 2014 report, which highlighted some discrepancies and pointed to the anomaly of revenue records showing forest extent at 208 acres while the notification itself put the extent at 113. The report had recommended rectification of boundaries under Section 19(2) of the Karnataka Forest Act.

However, the CCF order noted that the January 2025 report of the Deputy Commissioner notes an excess of only about 8 acres between notified extent (113 acres) and physically measured extent (120 acres 38 guntas).

He further noted that the boundaries of the forest have been conclusively established through the joint survey. "The marginal variation in extent does not affect the validity of the notification nor warrant invocation of Section 19(2)..as the boundaries are clear, identifiable and legally certain," he added.

Title untenable

The order found Kumar's claim to the title of the land untenable and dismissed the claim that it was granted to individuals between 1949 and 1953. "Once land is notified as forest, it vests with the Forest Department, and the jurisdiction of the Revenue Department stands excluded," it said, and referred to the orders of the Karnataka High Court and the Supreme Court to underline that once declared as a forest, the land remains a forest.

"It is also significant that the appellant continued to purchase lands up to 2007 despite being aware of the forest boundary dispute from 2002 onwards and despite initiation of forest offence proceedings in 2003 and 2006," the order noted.

Kumar Could not be reached for a comment.