Supreme Court: In a case relating to the grant of lease of the forest land for agricultural purpose in Dharwad district, the Division Bench of Vikram Nath and Sandeep Mehta* JJ., stated that as per the extant statutes, forest lands could not be used for non-forestry purposes which would include agriculture. The Court stated that the respondent, 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 illegally granted in the first place. Thus, the Court directed the Forest Department, Karnataka to restore the forest on the 134 acres of released land by planting indigenous plants and trees in due consultation with the experts.
Background
The appellant-Karnataka State Government granted an area of 134 acres, 6 guntas of land located in Dharwad District to the respondent, a Co-operative Society on a ten year lease from 30-6-1976, for agricultural purposes.
At the end of the lease period, the Government refused to extend the same and terminated the lease agreement vide order dated 13-3-1985. Thus, to assail this order, the respondent filed petitions, challenging the termination order, but the same were dismissed. The respondent filed a suit, which was partly decreed restricting the Forest Department from disturbing the possession of the respondent over the suit property till the respondent was evicted in accordance with law. The said judgment was assailed in appeal, which was subsequently dismissed. Further, a second appeal was filed which was dismissed, with an observation that the State Government ought to have taken legal steps to evict the respondent, in accordance with law rather than preferring the second appeal.
Therefore, in pursuance of the aforesaid order, a formal order dated 22-6-2004 was passed directing the eviction of respondents. Afterwards, the forest department took possession of the land on 23-1-2007 and boards of the department were placed thereupon, cautioning against the unauthorized entry into the forest land.
Analysis, Law, and Decision
The Court opined that the very grant of lease to the respondent for agricultural purposes was uncalled for because it led to devastation and deforestation of huge forest area admeasuring nearly 134 acres. Further, the respondent 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. The Court stated that as per the extant statutes, forest lands could not be allowed to be used for non-forestry purposes which would include agriculture.
The Court further stated that granting permission to cultivate the forest land would essentially require clearing of forest, but Section 2 of the Forest (Conservation) Act, 1980 precludes de-reservation or use of forest land for non-forestry purposes without prior approval of the Central Government. Thus, the Court stated that no permission could have been granted to perpetuate the illegality committed while granting the lease of the forest land to the respondent.
The Court opined that the impugned order whereby, the respondent was given 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. Accordingly, the Court directed the Forest Department, State of Karnataka to restore the forest on the 134 acres of released land by planting indigenous plants, tress in due consultation with the experts.
The Court directed compliance of its order withing 12 months and listed the case on 17-12-2026 for receiving the compliance report.
[State of Karnataka v. Gandhi Jeevan Collective Farming Coop. Society Ltd., 2025 SCC OnLine SC 2862, decided on 18-12-2025]
*Judgment Authored by: Justice Sandeep Mehta
Advocates who appeared in this case:
For the Appellant: Avishkar Singhvi, A.A.G.,Patil Rekha Chandra Gouda, AOR, Jadhav Vishal, Adv., Himanshu Mishra, Adv., Shubham Shukla, Adv.
For the Respondent: Ashwani Bhardwaj, AOR