Karnataka appellate tribunal cancels transfer of 3,111 acres of forest land to politicians

The Karnataka Appellate Tribunal (KAT) has cancelled the illegal allocation of over 15 acres of Kan land — preserved plots with extensive tracks of green forest. This cancellation affects the alleged illegal allocation of 3,111 acres of forest land to several beneficiaries, including politicians.

An application had alleged the allocation happened without permission from the central government. The 3,111 acres of Kan land was spread across 99 villages in Soraba taluk, Shivamogga district.

Kan, identified as patches of evergreen forests, and soppina betta (foliage forests) fall under the Karnataka Land Revenue Act, 1964. However, more than 3,111 acres of Kan and soppina betta were noticed to be illegally granted by the Committee for Regularisation of Unauthorised Cultivation (Soraba Taluk) spread across the 99 villages.

The illegal grants were made between 2016 and 2018 without seeking prior and necessary approvals from the central government. The transfers were allegedly made under the chairmanship of Madhu Bangarappa, the current Shivamogga district minister.

As per the provisions of the Karnataka Land Revenue Act, the identified land cannot be de-reserved. According to the Karnataka Forest Act, 1963, Kan, soppina betta and jungli are identified as statutory forests and thereby applicable under the Forest Conservation Act, 1980.

Environment lawyer Veerendra Patil, on behalf of the petitioner Gireesh Achar, said the then forest officer and encroachers had colluded to take control of the land.

The issue started with the allocation of 15 acres out of total 197 in Udri village of Soraba taluk in Shivamogga district (out of 3,111 acres), claimed Patil. “In 2017, the land grant committee chairman was Member of Legislative Assembly Bangarappa, among others, who granted over 15 acres of land to seven beneficiaries in the process,” he said.

The issue came to light when Patil’s client Veerupakshi and others raised the issue with the assistant commissioner and deputy commissioner of Shivamogga about cancelling the grants in Udri village, out of the 3,111 acres of illegal grants.

However, in 2018, a public interest litigation (PIL) followed the Karnataka High Court on the grounds that Kan forest cannot be granted without the approval from central government as they fall under forest area.

In April 2018, the high court issued notice to the officers concerned and in July same year, the grants were cancelled by assistant commissioner Sagar during a PIL pending before the high court. The PIL was then disposed of.

The beneficiaries or grantees then approached the deputy commissioner against a grant order cancelled by the assistant commissioner. The deputy commissioner also upheld the order of the assistant commissioner.

In 2020, the grantees filed an appeal to the KAT against their cancellation of the grant. On February 16, 2024, KAT dismissed the appeal and again upheld the assistant commissioner and deputy commissioner’s orders on the ground that Kan is forest land and needs prior approval from central government.

KAT on February 16, 2024 issued an order that prohibits dereservation of Kan lands and cancels the granting of all lands made prior to the order.