This story is from June 23, 2022

No concept of deemed forest under law: Karnataka HC

Reiterating that there is no concept of" deemed forest" under the law, the Karnataka high court has directed the authorities to consider the application seeking licence for stone quarrying in Chikkamagaluru district.
No concept of deemed forest under law: Karnataka HC
The High Court of Karnataka. (File Photo)
BENGALURU: Reiterating that there is no concept of "deemed forest" under the law, the Karnataka high court has directed the authorities to consider the application seeking licence for stone quarrying in Chikkamagaluru district.
Allowing the petition filed by one DM Deve Gowda, a resident of Arenuru village, a division bench headed by chief justice Ritu Raj Awasthi pointed out that on June 12, 2019, the high court had cleared the position in the judgment.

"The court was of the view that the land can either be a "forest" or a "forest land", but there cannot be any "deemed forest" in absence of any provision under the Act" the bench added.
Directing for considering Deve Gowdas application afresh within two months,the bench however clarified that he concerned authority will have to consider whether the subject land is "forest" or "forest land" as laid down in the decision of the Supreme Court in the case of TN Godavarman Thirumulkpad vs Union of India and others case, the bench has said.
"It is needless to observe that the concerned authority finds that the land is a "forest" or a "forest land", lease or extension of lease cannot be granted unless the consent of the central government is obtained as per section 2 of the Forest (Conservation) Act, 1980. The decision so taken shall be communicated to the petitioner" the bench further added.
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