It is the duty of the forest authorities to verify official records before allowing applications seeking permission to cut trees, the High Court of Karnataka has said, while finding fault with the authorities for refusing to refund the amount deposited by a land owner by mistake, though he was not required to deposit it while seeking permission to cut trees on his land.

Justice Suraj Govindaraj passed the order while allowing a petition filed by N. Mahabaleshwara Bhat, a resident of Biligeri village in Madikeri taluk of Kodagu district.

The petitioner, who died during the pendency of petition filed in 2016, deposited ₹4.33 lakh with the forest authorities to seek permission to cut several trees on his Sagu Bane land.

However, he realised later that his was alienated Sagu Bane land for which there was no need to deposit money, and hence he requested the authorities to refund the deposited amount. But the forest authorities rejected his request, stating that he himself had described his land as Sagu Bane land in his application.

Negating the contention of the authorities, the court said that it was for the Assistant Conservator of Forest and the Chief Conservator of Forest to verify nature of the land from the records and not to go by the statement made in the application.

If at all the details of the land had been verified by the forest authorities, it would have been clear that the land in question was alienated Sagu Bane land as this aspect was made clear by the Deputy Commissioner in his order passed in 2010, the court said, while stating that there was a duty imposed on the authority to very the records before granting such permissions.

source: http://www.thehindu.com / The Hindu / Home> News> India> Karnataka / by The Hindu Bureau / January 03rd, 2024