Gram Aranya Samithi vs State of Karnataka and Others

Huluvadi G. Ramesh, J.—Petitioner who is the Gram Aranya Samithi has filed this writ petition seeking for a direction to issue a writ of certiorari by quashing the order dated 22.10.2007 passed by the 3rd respondent at Annexure-F in granting 10 acres of land in the property bearing Sy. No. 42 situated at Aladakatti village, Kasaba hobli, Chikkanayakanahalli taluk, Tumkur district, to the 5th respondent-a private trust.

According to the petitioner, it is with cooperation of the Forest Department, the village panchayath have raised Eucalyptus tree and other trees under the schema of ''Social Forest'' to the extent of 8 acres in the property in question at the first instance and thereafter, from time to time they have implemented the said social activities. At this point of time, the 3rd respondent has proceeded to grant 10 acres of land to the 6th respondent, which is overlapping the project developed by the petitioner. It is further contended by the petitioner that the scheme has noble cause and for which, the land has been entrusted by the authorities to the petitioner, in which the petitioner has grown several trees. But, however, the same land has been made available to the 6th respondent-Trust in violation of the scheme. According to the learned Counsel for the petitioner, the very object of social forest has been defeated by grating the land illegally to the 6th respondent by braking norms.

Learned Counsel for the 6th respondent contended that out of 24 acres 31 guntas in Sy. No. 42, only 10 acres of land hat been granted and the remaining land is fairly available to the petitioner and the conditions also have been imposed in the impugned order by way of lease at Annexure-F. He therefore submits that there is no such violation and there is no cause of action against the petitioner.

Heard the learned HCGP.

It is to be noted, out of the land in question in. Sy. No. 42 to the extent of 24 acres and odd, including the kharab land, 10 acres of land has been leased out to the 6th respondent to impart military training for the youth aspiring them to Join Armed forces and also to fully avail of the quota of employment in defence for the State.

Might be, in the circumstances, land granted in favour of the 6th respondent(sic) would be overlapping, but the foot remains that the extent of land made available is more than 8 acres is sufficient to the petitioner for the present. Petitioner can also seek some other land for the development of its project. However, the land granted to the 6th respondent shall be made use for the said purpose and shall also follow the conditions imposed by the Deputy Commissioner.

Petition is disposed of according.