Landmark Judgment Reinforces Forest Conservation Act, 1980; Affirms Forest Land Status in Athiguppe Village
In a significant judgment, the Karnataka High Court has dismissed writ petitions challenging the cessation of quarrying operations in Athiguppe Village, Mysore District, reinforcing the applicability of the Forest Conservation Act, 1980. The Division Bench, comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha, delivered the verdict on April 21, 2026, in the case titled "Mr. H.K. Lakshman Gowda v. State of Karnataka."
The dispute centered around whether lands in Survey No. 23 of Athiguppe Village constituted forest land, necessitating the withdrawal of quarrying leases. The petitioner, Mr. H.K. Lakshman Gowda, had obtained quarrying leases for ordinary building stone on lands that historically belonged to the Kallabetta State Forest but were released for cultivation in 1949. The Forest Department had issued No Objection Certificates (NOCs) in 2012, which were later revoked, leading to stoppage notices issued by the Senior Geologist of the Department of Mines and Geology.
The High Court held that the Forest Conservation Act applies to both notified and non-notified forest lands used for afforestation purposes, emphasizing that such lands cannot be diverted for non-forest activities without Central Government approval. The judgment recognized that historical records and compensatory afforestation efforts substantiate the lands' status as forest areas, irrespective of afforestation failure in any particular year.
The court noted the absence of requisite permissions for the mining leases granted on forest land, thereby deeming them impermissible. It also highlighted the principle that the character of forest land is not extinguished by unsuccessful afforestation attempts, as affirmed in the Supreme Court judgment "T.N. Godavarman Thirumulpad v. Union of India."
This ruling underscores the importance of adhering to statutory provisions for environmental conservation and establishes a precedent for similar cases involving forest land. The High Court's decision reaffirms the government's authority to protect forest areas, ensuring compliance with conservation laws.
Bottom line:-
Quarrying operations stopped due to the withdrawal of No Objection Certificate (NOC) by the Forest Department - Lands falling under Survey No. 23 of Athiguppe Village deemed as forest land based on historical records and compensatory afforestation activities - Forest Conservation Act, 1980 applies even to non-notified forest lands used for afforestation purposes - Failure of afforestation efforts in a particular year does not extinguish the forest land's character.
Statutory provision(s): Forest Conservation Act, 1980, Karnataka Minor Mineral Concession Rules, 1994
Mr. H.K. Lakshman Gowda v. State of Karnataka, (Karnataka)(DB) : Law Finder Doc id # 2887570
