SC seeks Karnataka government's reply on encroachment of forest land by BJP leader, others

The Supreme Court has issued notice to the Karnataka government on a plea by NGO Cauvery Sene against the High Court's order dismissing their plea against removal of encroachment and illegal occupation of forest land and take action against encroachers, including BJP leader K G Bopaiah, at Madikeri in Kodagu.

A bench of Justices K M Joseph and B V Nagarathna sought a response from the state government after hearing advocate Sanjay M Nuli on behalf of the petitioner.

The petitioner contended the High Court ought to have appreciated the fact that Kodagu has sheltered several endangered species including 75 per cent of the wild life which are protected under the Wild Life Protection Act, 1973.

"It is a bounden duty of the authorities concerned to protect and save the Reserve Forest of Karnamgeri Village, Madikeri Hobli, Madkeri Taluk, Coorg from illegal encroachment of the forest area and issuance of saguvali chits, R.T.C. and other related documents by the Revenue Department which has fragmented the forest area," it said.

The petitioner said the High Court, had on two occasions previously, expressed its dissatisfaction about the resurvey of the entire 282.55 acres being conducted within a span of two days and sought for an explanation which was not provided by the authorities concerned.

The NGO said the High Court has also grossly erred in dismissing the writ petition on November 17, 2021 in the absence of the advocate for the petitioner. The HC also refused to review its order.

The HC erred in relying upon the statement by respondent authorities that there were no encroachments of lands without verifying veracity of their claims, the petitioner said.

A great prejudice and damage would be caused, if the judgment and order passed by the High Court was allowed to be executed as there is an imminent threat to a Reserve Forest Land. There is also a likelihood that the encroachers may create third party rights or alter the nature of construction, the plea said.

It further claimed the HC failed to appreciate that Kodagu (also popularly known as Coorg) is nestled on the slopes of the Western Ghats with undulating hills, lush green forests and rich heritage. Amidst thick wooded grandeur, there exists a Reserve Forest Area situated in Sy. No.289, Karnamergi village, which is under threat.