THE STATE OF KARNATAKA v. GANDHI JEEVAN COLLECTIVE FARMING COOPERATIVE SOCIETY LIMITED
Forest Land Use and De-reservation: Supreme Court Upholds Requirement of Central Government Approval under the Forest (Conservation) Act, 1980, for Non-Forestry Activities.
Court: Supreme Court of India
Citation: 2025 INSC 1461
Decision Date: 18-12-2025
List of Laws
The Forest (Conservation) Act, 1980; Centre For Environmental Law, WWF-I v. Union of India; T.N. Godavarman Thirumulpad v. Union of India; Karnataka Forest Act; Karnataka Forest Manual
- Facts: The State Government of Karnataka granted a 10-year lease of 134 acres 6 guntas of forest land to the Gandhi Jeevan Collective Farming Co-operative Society Limited for agricultural purposes in 1976. The Society cleared trees and began cultivation. Upon lease expiry, the government refused extension and terminated the lease in 1985. The Society challenged this termination unsuccessfully through writ petitions and then filed a civil suit, which was partly decreed. Subsequent appeals by both parties were dismissed. The Forest Department then initiated eviction proceedings, took possession in 2007, and the State affirmed the land's forest status.
- Procedural Posture: The State of Karnataka appealed to the Supreme Court of India, challenging the High Court of Karnataka's order that had affirmed the Single Judge's order directing the State to forward the Society's representation for lease continuation to the Ministry of Forest and Environment.
- Issue: Was the High Court correct in directing the State Government to forward the respondent-Cooperative Society's representation to the Central Government for consideration of lease continuation on forest land initially granted for agricultural purposes? More broadly, can forest land be de-reserved or used for non-forestry purposes, such as agriculture, without prior approval from the Central Government?
- Holding: No, the High Court's order was unsustainable. The Supreme Court allowed the appeal, holding that the initial grant of the lease for agricultural purposes was illegal and that no permission could be granted to perpetuate this illegality.
- Reasoning: The Court relied on Section 2 of the Forest (Conservation) Act, 1980, which mandates prior approval from the Central Government for any de-reservation or use of forest land for non-forestry purposes. Citing Centre For Environmental Law, WWF-I v. Union of India and T.N. Godavarman Thirumulpad v. Union of India, the Court emphasized the mandatory directions prohibiting de-reservation of forests without prior approval. The Court noted that granting permission to cultivate forest land necessitates clearing of forests, violating Section 2 of the Act. The Court directed the State of Karnataka to restore the forest on the released land by planting indigenous plants.
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