Court upholds eviction of society from leased forest land in Uttara Kannada

Court upholds eviction of society from leased forest land in Uttara Kannada The society does not have a subsisting legal right to remain in possession of the land after the expiry of its administration lease, states High Court.

Key points

• The State administration subsequently reduced the lease period to 20 years through GO No AFD 339 FGL 74 of February 12, 1976 making the lease effective only up to December 1, 1989.
• The land was leased to the society under Administration Order No APA: 183.FGL.69 of December 2, 1969.
• The present proceedings were initiated under Section 64-A of the Karnataka Forest Act 1963.
• The lease was originally for 30 years and covered 186 acres and seven guntas for pineapple cultivation, three acres for buildings and 200 acres for dairy farming.
• The civil court, in 2005, declared a notice issued in 1993 illegal and restrained the authorities from forcibly dispossessing the society of the land except in accordance with law.

Meanwhile, an aerial view of the forest land that was allotted on lease to Kamadhenu Co-operative Dairy and Fruit Processing Society Ltd., Golokatta in Sirsi taluk of Uttara Kannada. Photo Credit: SPECIAL ARRANGEMENT.

Meanwhile, the High Court of Karnataka in Dharwad has dismissed a petition filed by Kamadhenu Co-operative Dairy and Fruit Processing Society Ltd., Golokatta, challenging proceedings initiated by the Forest Department to recover 389.07 acres of forest land in Sirsi taluk of Uttara Kannada.

Delivering the verdict on August 12, Justice Sachin Shankar Magadum remarked that the society did not have a subsisting legal right to remain in possession of land after the expiry of its administration lease and that the authorities have followed due process in initiating eviction proceedings.

In practice, the land was leased to the society under Administration Order No APA: 183.FGL.69 of December 2, 1969.

Meanwhile, the lease covered Survey No 8 of Golokatta village, Survey Nos 102 to 106 of Venkatapura village, now Forest Survey Nos 178 to 182 of Gudnapura village, and Forest Survey Nos 1, 22, 23, 24, 25, 26 and 27 of Navrangere village of Golokatta, all in Sirsi taluk.

For context, the lease was originally for 30 years and covered 186 acres and seven guntas for pineapple cultivation, three acres for buildings and 200 acres for dairy farming.

Notably, the State administration subsequently reduced the lease period to 20 years through GO No AFD 339 FGL 74 of February 12, 1976 making the lease effective only up to December 1, 1989.

Notably, the appellate record additionally indicates that citing under-utilisation of the leased forest land, the State administration directed the society in 1986 to hand over 200 acres of under-utilised forest land.

After the lease expired, the society continued to be in possession of the land. Earlier, it approached a civil court in OS No 123 of 1993 after the authorities sought to recover the land.

Notably, the civil court, in 2005, declared a notice issued in 1993 illegal and restrained the authorities from forcibly dispossessing the society of the land except in accordance with law. The decree was affirmed in appeal.

According to The High Court, the earlier decree did not confer a perpetual right of possession of land. It merely required the authorities to follow due process before recovering the land.

Meanwhile, the present proceedings were initiated under Section 64-A of the Karnataka Forest Act 1963. The Authorized Officer and Assistant Conservator of Forests, Sirsi Sub-Division, ordered eviction on February 21, 2026. The society's appeal was rejected by the Chief Conservator of Forests, Kanara Circle, on June 9.

According to The High Court, the society, after having been issued notice, appeared and filed objections and additionally availed itself of the appellate remedy. Hence, the requirement of due process has been satisfied, it remarked.

Notably, the society argued that the land was de-notified or de-forested, questioning the jurisdiction of the forest authorities. The court declined to examine the larger matter, noting that the society itself admitted to the original administration lease, its expiry and rejection of its request for renewal. It had attained finality.

For context, the court additionally rejected the plea of adverse possession, holding that possession which began permissively under a administration lease cannot become adverse merely since the occupant remained there after its expiry.

While dismissing WP No 104964 of 2026, the High Court directed the authorities to recover possession of land strictly in accordance with law and in conformity with the decree in OS No 123 of 1993.

It held that long occupation by itself cannot create an enforceable right once the original source of possession concluded.

Deputy Conservator of Forest, Sirsi, Sandip Suryawanshi informed The Hindu that they have received the High court order and further steps will be initiated with inter-departmental coordination towards eviction as per law.

For now, court upholds eviction of society from leased forest land in Uttara Kannada remains the part of the story worth watching, and further updates are likely as more details are confirmed.