Fearing contempt proceedings, Karnataka govt goes back on forest denotification

In a big victory for forest conservation in Shivamogga, the state government has rescinded 56 notifications that took away 10,000 acres of forest land for a rehabilitation programme that had set off allegations of multiple irregularities.

In its proceedings dated Feb 16, the Forest Department cancelled 56 notifications that had denotified 9,934 acres and 2 guntas. The notifications, almost all of them issued between 2015 and 2017, had to be cancelled in view of an order by the Karnataka High Court.

Gireesh Achar of Jana Sangram Parishath had moved the court against one such notification in a public interest litigation. The court noted that the state government’s power to denotify forests by invoking Section 28 of the Karnataka Forests Act of 1963 has been circumscribed by the Forest (Conservation) Act 1980. Accordingly, clearance from the Union government was essential for diversion of forest land for non-forest use.

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The forests were notified as ‘State Forest’ in two separate notifications in 1920 and 1926. The state government then denotified the forest land purportedly to rehabilitate families evicted for the constriction of Sharavathi dam.

Achar alleged that the encroachment of revenue land by influential people, including an MLA, forced the government to turn to forest land. “The project-affected people were to be rehabilitated in the revenue land in Shivamogga, Sagar and Bhadravati taluk. After that land was grabbed by the people in power, the government started denotifying forests,” he said.

No action against officials

Though the high court had ordered criminal action against officials responsible for allowing non-forest activities in a State Forest, no action has been initiated by the government. Gireesh Achar, who was assaulted last March for fighting forest encroachment, said there has been a deafening silence when it comes to action against officials.

The activist has filed complaints against officers Madan Gopal and T M Vijay Bhaskar to the Lokayukta.