Forest department yet to act on High Court's order of withdrawing the denotification of forest lands without Central government's approval

The High Court of Karnataka in March had ordered that after October 24, 1980, any denotification of forest made under Section 28 of the Karnataka Forest Act 1963 without the approval of the Central Government to be withdrawn.

It is now learnt that the forest department is yet to withdraw the denotification.

The High Court had quashed the notification issued in 2017 denotifying 260 acres of forest land in Shivamogga district for rehabilitating people affected from Linganamakki dam project area in 1960. The denotification was illegal as the prior permission of the Central government was not taken.

Advocate Veerendra R.Patil wrote to the Additional Chief Secretary to Government (Forest, Ecology and Environment) requesting him to clear all pending mutations in respect of Notified Forest. He apprised the officer of the situation.

Patil explained that in respect of Shivamogga district circle, the total forest area is 36,1229.86 hectares. The total area mutated in the RTC is 252482.51 hectares. However, 108747.35 hectares are yet to be mutated.

On May 15, 1996, the Government of India made an approval for diversion of 14,848,83 hectares of Forest Land for regularization of encroachments taken over the Forest land prior to April 27, 1978 in respect of 19,348 cases in Karnataka Subject to conditions.

The Union government approved 2,216 families' encroached the total area of 1401.62 hectares. 1071 hectares of encroached area was cleared by Shivamogga DC. The claim over 598 hectares by 975 encroachers was rejected by the DC.

In District Level Committee formed under the Forests Rights Act (FRA), Shivamogga conducted the proceedings in March 2015, October 2015 and July 2016 in which more than 2500 Acres of Forest land were granted to the in-eligible persons and more than 29 acres of the Reserve forest land was given to a family which had already sufficient land.

"The 12(1) report dated February 28, 2018 of the Up-Lokayukta said that in Shivamogga Circle alone as many as 51,892 cases were registered for the encroachment of 86,161.81 acres of forest land under the FRA, which is the highest in the State. The Extent of said encroachment after 27.04.1978.

The said 12(1) report that asked for the resumption of the forest land was not implemented even though more than three years are over. The UP-Lokayukta directed to resume the Forest Land illegally Forest Right issued under the DLC proceedings," Patil pointed out the lapses.

He further pointed out that the District Level Committee of Shivamogga (Statuary Forest) deliberately showed the lesser extent of statuary forest even though proper extents have been shown in the Government Record.

The officers of the Forest Department were accused of aiding the encroachers. The officers have not registered the FIR against the encroachers.

Moreover, with regards to the provision of the list of the extent of the deemed forest and statuary forest preliminary notification was issued. However, final notification is yet to be issued in this regard and according to Patil the advantage of this was taken by the encroachers. "Finally less land would be available for the final notification. Moreover, the settlement officer has also not been appointed in this case," he added.