Karnataka High Court
Shri Nirmalanandanathaswamiji vs The State Of Karnataka on 23 September, 2025
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WP No. 1627 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO. 1627 OF 2015 (GM-FOR)
BETWEEN:
1. SHRI NIRMALANANDANATHASWAMIJI
S/O HONNEGOWDA
AGED ABOUT 47 YEARS,
SUCCESSOR OF
LATE SHRI BALAGANGADHARANATHA SWAMIJI,
ADICHUNCHANAGIRI MATT,
VIJAYANAGARA,
BENGALURU-560 040
2. SHRI PUTTARAJU
S/O SHRI CHUNCHEGOWDA S.B.,
AGED ABOUT 53 YEARS,
PRINCIPAL, SJB COLLEGE,
KENGERI,
BENGALURU-560 061
...PETITIONERS
Digitally (BY SRI. G. KRISHNAMURTHY, SENIOR ADVOCATE FOR
signed by SMT. BHAVANA G.K., ADVOCATE)
SUMA
Location:
HIGH AND:
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
REP. BY: PRINCIPAL SECRETARY,
DEPARTMENT OF FOREST,
M S BUILDING,
BENGALURU-560 001
2. THE CHIEF CONSERVATOR OF FOREST
ARANYA BHAVANA,
MALLESWARAM 18TH CROSS,
BENGALURU-560 003
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WP No. 1627 of 2015
HC-KAR
3. THE ASSISTANT CONSERVATOR OF FOREST
SOUTH DIVISION, NEAR BWSSB,
18TH CROSS, MALLESHWARAM
BENGALURU-560 003
4. THE RANGE FOREST OFFICER
KAGGALIPURA RANGE,
KAGGALIPURA VILLAGE,
BANGALORE SOUTH,
BENGALURU-560 082
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, ADDITIONAL GOVERNMENT
ADVOCATE FOR RESPONDENT NOS.1 TO 4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-J
DATED 29.08.2009 IN FOC NO.168 AND 170/2006-07 PASSED BY
THE 3RD RESPONDENT AND QUASH ANNEXURE-L DATED 19.12.2014
PASSED BY THE 2ND RESPONDENT IN APPEAL NO.167/2011-12.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The petitioners have challenged the order dated 29.08.2009 in FOC Nos.168 and 170/2006-07 passed by respondent No.3 as well as the order dated 19.12.2014 passed by respondent No.2 in Appeal No.167/2011-12.
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2. (i) The petitioners claim that the State Government had granted 8 acres of land in Sy.No.67 of Kengeri village on 12.06.2001, which was followed by a saguvali chit dated 21.07.2001 and possession of the granted land was handed over which was evidenced by a certificate dated 17.01.2005. The State Government had granted another extent of 2 acres 32 guntas of land in Sy.No.67 of Kengeri village on 26.06.2003 after following due process of law as contemplated under Section 69 of the Karnataka Land Revenue Act, 1964. The petitioners claimed that State Government granted lease of 12 acres of land in Sy.No.69 of Kengeri village in terms of an order dated 27.02.2004 for a period of 30 years and the possession thereof was handed over on 16.07.2004.
The State Government also granted another extent of 13 acres of land in Sy.No.69 of Kengeri Village on lease for a period of 30 years as per the order dated 07.07.2004 and possession was handed over on 02.09.2004. The petitioners contend that the petitioner No.1 had established educational institutions, hospitals, engineering college, nursing college and hostel for students and other allied institutions.
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(ii) The petitioners contend that land in Sy.No.67 totally measuring 47 acres 22 guntas was classified as 'Mufatkaaval'. Out of the said extent, 30 acres 30 guntas was transferred to the Forest Department and 6 acres was granted in favour of M/s. People for Animal Trust and remaining extent was granted to Adichunchanagiri Shikshana Trust and possession was also handed over. The petitioners claimed that land bearing Sy.No.69 measured 111 acres 8 guntas, of which 25 acres was leased in favour of the Trust after following due procedure. The petitioners contend that the entire extent of land in Sy.No.69 was revenue land, while Sy.No.68 measured about 62 acres 26 guntas was declared as forest land in terms of the order dated 14.12.1935. The petitioners contend that they are not concerned with Sy.No.68. However, they contend that due to discrepancy in marking the boundaries of land in their possession, a small extent of 15 guntas of land of Sy.No.68 was shown to be lying within the boundaries of the land occupied by them.
(iii) The petitioners contend that the Forester had submitted a complaint alleging encroachment of forest land in -5- NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR Sy.No.67 measuring 5 to 6 acres. A case in FOC No.168/2006- 07 was registered on 29.08.2009. A complaint was also lodged alleging encroachment of forest land in Sy.No.68 measuring 7 acres 20 guntas. A report was registered in FOC No.170/2006-
07. The Range Forest Officer conducted an enquiry in accordance with the Rule 71 of the Karnataka Forest Rules and opined that there was encroachment of 15 guntas in Sy.No.67 and 7 acres 20 guntas in Sy.No.68 which was treated as buffer zone from the forest boundary. The report was forwarded to the Assistant Conservator of Forest, who initiated proceedings in FOC Nos.168 and 170/2007. The petitioners submitted its statement setting out details of grant made in Sy.Nos.67 and
69. The petitioners claimed that if a joint survey was conducted and if there was any encroachment, they were ready to handover the encroached portion. They denied that 7 acres 20 guntas in Sy.No.68 was the buffer zone and claimed that it was not a forest land. They denied that they had encroached into 15 guntas of Sy.No.67 but contended that if a survey is conducted in respect of Sy.No.68 and if it is found that the petitioners have encroached the land, they were ready to hand it over.
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(iv) The respondent No.3 allegedly without considering the records, opined that there was encroachment and the authorities had no right to grant forest land to the petitioners.
The petitioners claimed that in so far as 15 guntas of encroached land in Sy.No.67, the Deputy Conservator of Forest considered the same and dropped the proceedings.
(v) The petitioners challenged the order of respondent No.3 before respondent No.2 in Appeal No.167/2011-12. The respondent No.2 confirmed the order passed by respondent No.3 and dismissed the appeal in terms of an order dated 19.12.2014. While doing so, the respondent No.2 held that there was encroachment of 15 guntas of land in Sy.No.67 though it was not the subject matter of the appeal. The petitioners therefore, being aggrieved by the said orders, are before this Court.
3. (i) The petition is opposed by the respondent Nos.1 and 2 who have filed a statement of objections contending inter alia that the land in question is part of the reserved forest notified under the name "Turahalli State Forest"
as per the notification dated 04.12.1935 issued by the -7- NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR Government of His Highness The Maharaja of Mysore under Section 17 of the Mysore Forest Regulations, XI of 1900. They contend that Sy.No.67 of Turahalli village is a part of the said "Turahalli State Forest". They claimed that the Hon'ble Apex Court in the case of Karnataka State vs. I.S. Nirvane Gowda and others [(2007) 15 SCC 744] had held that when the lands were included in reserved forest, the entries in the revenue records were of no consequence and issuance of saguvali chit did not confer any title on the suit lands. It was also held that revenue authorities were not competent to deal with the property which was declared as forest.
(ii) The respondent Nos.1 and 2 therefore, contend that the grant made by the revenue authority in favour of the petitioners is in contravention of above provisions of law and such grants are null and void and unenforceable in the eye of law. They also referred to Section 3B of the Forest (Conservation) Act, 1980, which dealt with offences committed by any authority or other person, who was directly in-charge and was responsible for the conduct of the business of the authority shall be deemed to be guilty of the offence and shall -8- NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR be liable to be proceeded against. The respondent Nos.1 and 2 contend that land in question is portion adjacent to Turahalli reserve forest as per the notification dated 04.12.1935. They contend that FOC Nos.168/2006 and 170/2006-07 were registered by the Range Forest Officer, Kaggalipura Range and thereafter proceedings under Section 64A of the Forest Act was conducted by the Assistant Conservator of Forests, Bengaluru South Sub-Division. It is found that 15 guntas in Sy.No.67 and 7 acres 20 guntas in Sy.No.68 was encroached by the petitioners and therefore, eviction order was passed on 29.08.2009. Aforesaid order was upheld by the Appellate authority in terms of order dated 19.12.2014. They contend that the petitioners have no right to encroach the aforesaid lands and therefore, they are bound to deliver up possession of the encroached portion.
4. This Court in terms of an order dated 07.09.2023 directed a chain survey to be conducted in the presence of the petitioners, Department of Land Revenue and Survey as well as Assistant Conservator of Forest to identify the limits of Sy.Nos.67 and 68 of Kengeri Village on 20.09.2023.
-9-NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR Thereafter, in terms of an order dated 07.11.2024, this Court passed the following order:-
"(i) Learned AGA has produced a notification bearing No.G1746 dated 24.8.1934 and submits that it under said notification that the Turahalli Minor Forest was constituted and declared in terms of Section 35 of the Mysore Forest Regulation, 1900.
(ii) The copy of the said memo having been furnished to the learned counsel for the petitioner.
Sri.G.Krishna Murthy., learned Senior counsel for the petitioner seeks for a short accommodation to go through the same and make his submission.
(iii) The ADLR is present today, learned AGA is directed to file a memo detailing out the methodology of how survey would be conducted, by using what instruments and the time frame that would be taken for the survey to be carrying out. The said details to be provided to the Learned counsel for the petitioner on or before 15.11.2024.
(iv) Learned senior counsel for the petitioner seeks for a week's time thereafter to go through the said methodology and make his submission with his input as regards the same.
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(v) Re-list on 27.11.2024 at 2.30 p.m."
5. Thereafter, on 13.12.2024, this Court passed the following order:-
(i) A memo dated 20.11.2024 has been filed by learned AGA. Along with the memo, the procedure to carry out field survey is detailed as under:-
The Procedure to carry out field survey in Sy.No. 67 & 68 of Kengeri Hobli, Kengeri Village, Bangalore South Taluk, Bangalore Urban District.
1. As per the orders of Hon'ble High Court of Karnataka, WP No:1627/2015, Dated: 07.11.2024 above said Sy. No's were totally covered either by buildings or by thick forest as per ground conditions. So it is not possible to make survey only by conventional method of survey using chain.
2. So we need to adopt modern survey instruments like total station or techniques and survey DGPS (Digital Global Postioning System) to complete this survey work.
3. We have to carry the survey work using total station where ever possible avoiding dense forest and buildings present in the said Sy. No's. If installation of stations on ground is not fissible, we have to use DGPS instrument to connect with station to carry out survey work.
4. Since our office is not having total sation or DGPS Instruments either we have to hire these instruments from any private agencies or we can use those instruments which were available with Head of the Dept. of SSLR.
5. To make survey and to submit field report of above said Sy.Nos' using total station and DGPS, we need minimum 20 days.
(SRIKANTA) Sd/- 14.11.2024
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR Assistant Director of Land Records Bangalore South Taluk Bangalore
(ii) The memo refers to two notifications. The first notification dated 24.8.1934 reads as under:-
No. G.1746-Ft. 65-34-2, dated 24th August 1934.
The Government of His Highness the Maharajs of Mysore are pleased to declare, under the provisions of Section 35 of the Mysore Forest Regulation (XI of 1900), that the land, the limits of which are described in the schedule printed below, shall be constituted a minor forest under the name of Turahalli Minor Forest in the Bangalore Taluk for the purposes of the rules for the management of minor forests issued with Government Notification No.G.12673-82-Ft. 185-24-7, dated the 11th April 1920.
SCHEDULE
Villages Survey Area Situation
No.
and
Name of the
class
District
Taluk
Block
Hobli
Turahalli Gomal 41... A. g. This Block is
Do 42... situated at a
Part 94 8 distance of
Uttarahalli Do 5... 159 13 about ten
Turahalli Minor Forest
Manevarte miles south of
Kaval Total ... 343 83 Bangalore
Uttarahalli
Bangalore
Bangalore
597 19 Town and one
or 93 mile west of
square Taiaghatpura
mile on the north-
west side of
the
Thalaghatpura
Forest
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WP No. 1627 of 2015
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Boundaries.
North- Starting from the north-east corner of Survey No. 40 of Turahalli, the line runs east and north-east along the southern boundary of Survey Nos.87 and 36 of Turahalli to the south- east corner of latter survey number; then north-west along its eastern boundary to its north-east corner; then south-east and north-east along the southern boundary of Survey Nos, 33 and 25 of Turahalli to the south-east corner of Survey No. 25; then east through Survey No. 42 to the junction gadi bandh of Survey Nos. 47 and 48 of Turahalli village.
East.- Then south along the western boundary of Survey No. 48 of Turahalli to its south-west corner; then east along its southern boundary to its south-east corner; then east along the southern boundary of Gubial for about 2 chains to the north- west corner of Survey No.4 of Uttarahalli-Manevarte Kaval; then south along its western boundary to its south- west corner; then south, west south, west, north-west, west and south-west along the northern and western boundary of Hosahalli to the junction bandh of Hosahalli and Talaghatpura villages.
South.- Then south-west along the northern boundary of Talaghatpura village to its north-west gadi bandh; then north along the eastern boundary of Survey No. 6 of Uttara- halli- Manevarte Kaval to its north-east corner; then south-west along its northern boundary to its south-west corner.
West.- Then north-west along the eastern boundary of Lingadiranhalli to the junction gadi bandh of Lingadiranhalli and Hemagipura Majare Gublachikanhalli villages; then north-east and north-west along the eastern boundary of latter village to the southernmost bandh of Survey No.40 of Turahalli; then, north-east along its eastern boundary to the starting point.
The following rights are admitted-
(a) Right of Pasture.- The villagers of Turahalli are entitled to graze freely their cattle and sheep (not goats) in the Gomal Harvey Nos. 41 and 42 included within the block.
(b) Right of Ways: (1) Cart-track from Hosahalli to Badamanevarte Kaval.
(2) Foot-path from Turahalli to Gublachikanhalli
(iii) The second notification dated 14.12.1935 reads as under:-
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR Government of His Highness the Maharaja of Mysore GENERAL AND REVENUE DEPARTMENTS.
G. 0. No. G. 4902-5--Ft. 154-35.2, dated 14th December 1935.
Forest Settlement.
Approves of the ______of the Badamanevarthe Forest Block in the Bangalore Taluk as a State Forest.
READ--
Government Notification No.G. 1572--Ft. 56-33-2, dated 2nd September 1933, issued under Section 4 of the Forest Regulation, in the matter of the proposed constitution of the Badamanevarthe Forest Block in the Bangalore Taluk.
2. Letter No. C.1235--35-36, dated 18th November 1935, from the Revenue Commissioner in Mysore, forwarding the Forest Settlement Officer's report on the conclusion of the settlement of the block and stating that the Chief Conservator of Forests is agreeable to the issue of the final notification in the matter.
ORDER No. G. 4902-5--Ft. 154-35-2, DATED BANGALORE, THE 14TH DECEMBER 1935.
The settlement effected by the Forest Settlement Officer and agreed to by the Revenue Commissioner and the Chief Conservator of Forests, is approved. The Notification under Section 17 of the Forest Regulation constituting the block a State Forest with effect from 15th January 1936, will be published in the Gazette.
2. The Deputy Commissioner, Bangalore District, is requested to duly promulgate the boundaries of the block in the villages concerned.
M. VENKATANARANAPPA,
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR Secretary to Government, Development Department.
To-The Revenue Commissioner in Mysore.
The Chief Conservator of Forests in Mysore.
The Director of Land Records, Survey and Settlement in Mysore.
The Deputy Commissioner, Bangalore District with map and registers.
Exd--C. K. *** No.G. 4902-5-Ft.154-35-2, DATED 14TH DECEMBER 1935 ANNEXURE No. G. 4906-Ft. 154-35-3 dated 14th December 1935 The Government of His Highness the Maharaja of Mysore are pleased to declare, under Section 17 of the Mysore Forest Regulation, XI of 1900, that from the 15th January 1936, the area, the boundaries of which are set forth in the Schedule appended to this notification, shall be deemed to be a "State Forest" subject to the exercise of rights specified at foot thereof.
By Oder, M. VENKATANARANAPPA Secretary to Government Development Department.
To - The Compiler, Mysore Gazette
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WP No. 1627 of 2015
HC-KAR
Villages Area Situation
Name of the
District
Taluk
Block
Hobli
Kengeri, A.G. This
Mallasandra Block is
Badamanevarte 514, 29 situated
Kaval at a
Hemagipura Or distance
of about
Badamanevarte
80 Sqr. 10 miles
State Forest
Bangalore
Bangalore
miles south-
Kengeri
west of
Bangalore
Town and
2 miles
south-
east west
of
Kengeri
North--Starting from a point about 6 chains south- east from the south-east corner of Survey No. 56 of Mailsandra, the line runs south-east though Survey No.22 of Mailsandra for about 27 chains to a point about 5 chains south-west from the south-east corner of Survey No.21 of the same village.
East--Then south-west along the western boundary of Survey No.23 of Mailsandra for about 29 chains to its south-west corner; then north-west along the common boundary of Survey Nos.22 and 26 for about 5 chains; then south-west through Survey No.26 of Mailsandra, 67 and 68 of Kengeri, for about 42 chains to a point about 6 chains south-west from the south-west corner of Survey No.25 of Mailsandra; then south-east through Survey No.68 of Kengeri and 170 of Badamanevarte Kaval for about 11 chains to a point about 5 chains south-west from the south- east corner of Survey No.25 of Mailsandra; then south-east through Survey No.170 of Badamanevarte Kaval and 86 of Hemagipurada Mujare Gubbala-Chikkanhalli for about 103 chains at a distance of 5 chains margin all along the western and southern boundary of Survey Nos.13, 11 and 10 of Sanakallu to a point about 5 chains south-east from the north-east corner of Survey No.89 of Hemagipurada
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR Majare Gubbalachikknhall; then south-east along the western boundary of Survey No.89 of the said village for about 12 chains to a point about 5 chains north-west from the north-east corner of Survey No.85 of the said village.
South--Then north-west through Survey No.86 of Hemagipurada Majare Gubbalachikkanhalli for about 13 chains to a point about 7 chains north-west from the north- west corner of Survey No.85; then south-west through Survey Nos.86 and 82 for about 9 chains to a point about 5 chains north-east from the north-west corner of Survey No.84; then west through Survey No.82 for about 10 chains to a point about 6 chains north-east from the north-west corner of Survey No. 81; then north through Survey No.82 and 85 for about 14 chains to a point about 5 chains north- east from the northernmost corner of Survey No. 19 of Sompura; then north-west through Survey No. 86 of Hemagipurada Majare Gubbalachikkanhalli and 170 of Badamanevarte Kaval for about 28 chains to a point about 5 chains north from the north-west corner of Survey No. 20 of Sompura; then south-west through Survey No. 170 of Badamanevarte Kaval for about 25 chains to a point about 5 chains east from the north-east corner of Survey No. 71 of Hemagipura.
West --Then north-west through Survey No. 170 of Badamanevarta Kaval for about 17 chains to a point about 5 chains east from the north-east corner of Survey No.70 of Hemagipura; then east through Survey No.170 of Badamanevarte Kaval for about 8 chanins to a point about 5 chains south-east corner of Survey No.172 of Badamanevarte Kaval; then north-west through Survey No.170 and 171 of Badamanevarte Kaval for about 8 chains to a point about 5 chains south-east from the eastern corner of Survey No.172 of Badamanevarte Kaval; then north-east through Survey No.171 of Badamanevarte Kaval for about 18 chains to a point about 6 chains north-east from the north-east corner of Survey No.172 of Badamanevarte kaval; then north-west through Survey No.171 of Badamanevarte Kaval for about 9 chains to a point about 5 chains north from the north-west corner of Survey No.172 of Badamanevarte Kaval; then north-west and south-west through Survey No.171 for about 20 chains to a point about 5 chains north from the north-west corner of Survey No.68 of Hemagipura; then south-west through Survey No.171 of Badamanevarte Kaval for about 20 chains to a point about 5 chains north-west from the north-west corner of Survey No.66 of Hemagipura; then west for about 6 chains along the northern boundary of Survey No.63 of Hemagipura to its northernmost corner; then north-east
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR along the eastern boundary of Chudenpura for about 21 chains to the north-west corner of Survey No.67 of Hemagipura; then south-east and north-east along its western and eastern boundaries to its north-east corner ; then south-east and east along the southern boundary of Survey No.69 of Kengeri for about 21 chains to its south- east corner; then north along its eastern boundary for about 31 chains to the south-east corner of Survey No.63 of Kengeri; then north-east through Survey No.67 for about 23 chains to the south-east corner of Survey No.27 of Mailsandra; then north-east through Survey No.26 of Mailsandra for about 13 chains to the south-east corner of Survey No.30 of Mailsandra; then south-east for about 5 chains; then north-east through Survey No.22 of Mailsandra for about 30 chains to the starting point.
Remarks.-- Right of way over the undermentioned paths is admitted :--Nos. 2 and 3 for men only and 1, 4 and 5 for men, cattle and carts throughout the year.
(1) Cart-track from Kengeri to Hemagipura--6 yards wide and 10 chains long, open for men, cattle and carts throughout the year. It enters the above forest in its western boundary at a point about 1½ chains south-west from the north-west corner of Survey No. 67 of Hemagipura, runs north-east and south-west through Survey No. 171 of Badamanevarte Kaval and quits the forest in its western boundary at a point about 5 chains north-east from the north-west corner of Survey No.66 of Hemagipura.
(2) Foot-path from Kengeri to Ganakallu--2 yards wide and 81 chains long, open for men only throughout the year. It enters the forest in its western boundary at the south-east corner of Survey No.27 of Mailsandra, runs south-east through Survey No. 26 of Mailsandra and quits the forest in its eastern boundary at a point about 7 chains north-west from the south-west corner of Survey No.25 of Mailsandra.
(3) Foot-path from Kengeri to Channasandra - 2 yards wide and 25 chains long, open for men only throughout the year. It enters the forest in its western boundary at the south-east corner of Survey No.29 of Mailsandra, runs south-east through Survey No.26, and quits the forest in its eastern boundary at a point about 6 chains south-west from the south-west corner of Survey No.23 of Mailsandra.
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR (4) Cart-track from Mailsandra to Ganakallu - 6 yards wide and 43 chains longs, open for men, cattle and carts only throughout the year. It enters the forest in its northern boundary at a point about 5 chains south-west from the south-west corner of Survey No.21 of Mailsandra, runs south-east through Survey No.22 and 26 and quits the forest in its eastern boundary at a point about 8 chains south-west from the south-west corner of Survey No.23 of Mailsandra.
(5) Cart-track from Sompura to Bangalore-6 yards wide and 14 chains long, open for men, cattle and carts throughout the year. It enters the forest in its southern boundary at a point about 5 chains north from the northernmost corner of Survey No.20 of Sompura, runs north-east through Survey No.170 of Badamnevarte Kaval, and quits the forest in its eastern boundary at a point about 5 chains west from the south-west corner of Survey No.11 of Ganakallu.
(iv) In that view of the matter, the survey in respect of the land covered under the aforesaid two notifications as detailed hereinabove, shall be carried out in the manner as indicated in Paras 2, 3 and 4 of the memo extracted hereinabove. Except the date indicated therein as 13.12.2024 shall stand modified to 20.12.2024 commencing from 10.30 a.m. It is made clear that there would be no requirement for issuance of any notice by the surveyor to any of the petitioners. If the petitioners were to so desire, they could participate in the survey. In the event of the petitioners not participating in the survey, they would not be entitled for any claim of equity. The report to be filed on or before 10.01.2025.
(v) Though the order was dictated on 13.12.2024, the learned AGA had been directed to furnish copies of the notifications. The first notification was produced along
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR with the Statement of Objections whereas the second notification dated 14.12.1935 was produced only on 08.01.2025. It appears that the notifications relating to various forest lands deemed, reserved or otherwise are also not webhosted on to the website of the Forest Department. In that view of the matter, the Principal Secretary, Forest Archaeology and Environment as also the Principal Chief Conservator of Forest are directed to ensure that all the notifications pertaining to all kinds of forests are uploaded on to the concerned website of the Forest Department and all such notifications be accessible to the members of the general public. An affidavit of compliance in this regard to be filed on or before 21.02.2025.
(vi) Re-list on 16.01.2025."
6. Accordingly, survey was conducted and report was filed on 11.06.2025 in term of which encroached portion was marked out in the presence of the petitioners.
7. The report submitted by the learned Additional Government Advocate is perused and since the same was done in the presence of the petitioners and in accordance with the survey maps, the survey report is accepted.
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8. When this petition is listed for final hearing, the learned Senior counsel for the petitioners has filed a memo seeking time to surrender the area marked out by the survey team who had surveyed the property in question on 20.12.2024. The same reads as follows:
Timeline to surrender the agreed area as per the statement made before this Hon'ble Court on 11.06.2025
1. The Assistant Director of Land Records, Bangalore South Taluk ("ADLR") has submitted the report along with sketch identifying the alleged encroachment by the Petitioners pursuant to the order passed by this Hon'ble Court. The survey conducted and measurement notified in the said sketch are inaccurate. However, to avoid long drawn litigation and to put an end to the litigation, without prejudice to its rights and contentions regarding the validity of the sketch and measurement, the Petitioners have agreed to hand-over/surrender the land and building attached to Sy.No.67 which is marked in the sketch produced by the Petitioners (marked as 'Constructed Area Agreed to be Surrendered') along with the application dated
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR 07.08.2025, which is based on the sketch prepared and submitted by the ADLR.
2. The Petitioners has agreed to surrender the land and building in Sy.No.67 on the eastern side of the road running from North to South which is marked in triangle shape and also indexed as 'Constructed Area Agreed to be Surrendered'. About 1 Acre 12 Guntas marked in saffron colour in the ADLR sketch, adjacent and abutting to Sy.No.68 is an uphill area (Shown as it comes in Sy.No.68). The said area is also on the eastern side of Sy.No.69 and western side of Sy.No.68.
3. The Petitioners have requested the Respondents to accord permission to utilise the road formed by the Adichunchanagiri Shikshana Trust ("Trust") from North to South up to the entry point of the arch. From the point of arch up to South, the road has taken a deviation from the property of the Trust. The said road is connected to surrounding villages and NICE Road.
4. The Petitioners has submitted a representation to the Forest Department requesting to accord permission to use the aforesaid road as a public road. The Petitioners have undertaken to surrender the eastern portion of the road wherein buildings are
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR constructed (indexed as 'Constructed Area Agreed to be Surrendered').
5. The Trust has provided the following facilities in the said building:
i. PG Residents Hostel
ii. Canteen for hospital resident doctors, PG
students and attendants of the patients. iii. Canara Bank for entire campus and surrounding areas.
iv. Dormitory facility for the attendants of the patients admitted to BGS Hospital.
6. The aforesaid facilities are provided in the permanent building constructed by the Trust. The facilities are absolutely required for the hospitals, PG students, doctors and employees. Under the circumstances, the Petitioners have to shift the aforesaid facilities to an alternative building which they have proposed to construct.
7. The Petitioners require a minimum time of 1 year to construct the building and shift the aforesaid facilities. Immediately after shifting, the Petitioners shall surrender/ hand-over vacant possession of land and building which is situated in the eastern side of the road as stated above. Hence, this Hon'ble Court may kindly grant 1-1½ years' time so as to enable the Petitioners to construct building, shift the
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR aforesaid facilities and hand over vacant possession. They undertake they will not claim any compensation in respect of the surrendered land and building.
8. The Petitioners will apply for release of the road and the road margin area which the Respondents have claimed as forest lands in Sy. No. 67 on the online web portal www.parivesh.nic.in within a period of 45 days from the order of this Hon'ble Court dated 15.09.2025 or from the date of any permission granted by the Forest Department to upload the said application, whichever earlier.
9. The uphill area adjacent to Sy.No.68 measuring about 1 Acre 32 Guntas is a bund constructed by the Trust to prevent land sliding and the same can be treated as forest land.
10. The road aforesaid and marked in the sketch produced by the Petitioners on 07.08.2025 is absolutely required, without which several institutions established in the area will be landlocked without an approach road. Hence, Respondent Nos. 2 to 4 may be directed to get approval to use the said road in association with the State Government which has initially granted the land to the Trust.
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR
9. Having regard to the fact that the petitioners have admitted that the area shown in the survey map conducted by the survey team was the encroached portion of Sy.Nos.67 and 68, the petitioners are bound to deliver the possession of the said portion. Therefore, the impugned orders passed by respondent Nos.2 and 3 cannot be disturbed but have to be upheld. However, the area encroached by the petitioners has to be reduced from 7 acres 20 guntas of land in Sy.No.68 to 1 acre 12 guntas and in Sy.No.67 to 3 acres 30 guntas.
10. Since the petitioners have agreed to surrender the area marked out by the survey team, this Court considers it appropriate to grant time and accordingly grants time of six months to deliver up the possession of the said area to the respondents. However, status-quo of the road running through Sy.Nos.67 and 68 of Kengeri Village connecting to Mysuru -
Bengaluru road, shall be maintained till the application filed by the petitioners under the Forest (Conservation) Act, 1980 is considered by the Central Government.
11. Once the petitioners handover the building and other infrastructures created by them in the encroached
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NC: 2025:KHC:38442 WP No. 1627 of 2015 HC-KAR portion, the State Government shall try to use it for its own purposes, particularly for the Forest Department, if the buildings so constructed are not in violation of any law.
12. The writ petition stands disposed off on the above terms.
13. In view of the disposal of the writ petition, pending I.As., if any, do not survive for consideration and the same stand disposed off.
Sd/-
(R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 29