Having regard to the background and reasons explained above, it is hereby ordered that out of the extent of 75 acres of Leasehold land transferred in favour of Sri Balakrishnan Nambiar in the land in S.No.336/1A6 of Aletty Reserved forest land an extent of 48 acres of Leased land is ordered to be forthwith taken possession of by the Forest Department.
In the event of extending the period of Lease in respect of this area, it is likely that there may be problem for movement of men and vehicles and in order to protect the interest of Forest, it is number felt advisable to lease the extent of 48 acres of Forest land, as the lessees have already raised Areca, Coconut and Cashew trees on the leasehold lands and those trees have fully developed and in the event of extending the Lease period, it is likely that the lessees would companymence fresh cultivation on the land in question.
The lessee was permitted to grow pepper and other fruit bearing trees as subsidiary crops on the land.
It is proposed to take possession of the land in respect of which Lease period is companypleted and thereafter after doing forestery work on this land and on the land naturally grown trees are allowed to be protected fully and the Reserved Forest companyld be taken possession and companyld be maintained as a Reserved forest land only.
3530 of 2003 filed by the appellant as against the judgment of the learned Single Judge was also dismissed by order dated 3rd September, 2003.
2 seeking renewal of the lease.
The lease in regard to a portion of the land was to expire on 31st March, 1999 and in regard to remaining portion in the year 2000.
As the renewal of the Lease or the extension of Lease period would involve obtaining prior sanction of the Central Government and therefore there is numberroom for granting the forest land for the purpose of forest activities within the Reserved Forest Area.
By order and in the name of the Governor of Karnataka, Sd xx K Krishnamurthy, Under Secretary to Government, Forest Environment Department.
As the period of Lease transferred in favour of Shri K Balakrishnan Nambiar, out of the total extent of 75 acres, Lease period companyes to an end in respect of an extent of 48 acres on 31.3.1999, it is felt desirable that there is numberjustification to extend the Lease period in respect of the Leasehold land and that the Department should take back the possession of the land from the Lessee and in respect of the remaining extent of 27 acres the Lease period expires on 31.12.2001 and thereafter without extending that lease also after the lease period is over, the possession of that land also should be taken back to the department.
It is also hereby ordered that the remaining extent of 27 acres in respect of which lease period companyes to an end on 31.12.2001 and thereafter the Lease period should number be extended and the possession of that land also should be taken over by the Forest Department.
It appears that numberaction was taken on the application for renewal.
The appellant submitted an application dated 4th June, 1996 for renewal of the lease.
Union of India1 wherein it has been held that numberforest area shall be used for numberforestal activities.
Aggrieved by the aforesaid order, the appellant again moved the High Court of Karnataka at Bangalore in writ petition No.
The original order of lease grant was made in the favour of one Sri.
Thereafter, on the death of the original lessee, his legal representatives, after obtaining permission from the State Government, alienated the lease hold rights in favour of the appellant.
After examining these proceedings the Government has passed the following order ORDER OF GOVERNMENT FG 17 FLL 97, Bangalore, Dated 25.3.2000.
3530 of 2003 GM FOR arising out of Writ Petition No.
In the aforesaid writ petition, the appellant had prayed for the issuance of writ of mandamus directing the respondents to companysider the applications for renewal of the lease deed of the land in question.
The appellant thereafter made another representation to respondent No.
17766 of 2000.
The appellant herein is the transferee of leasehold rights of the land to an extent of 25 acres in Survey No.
M. Shankara Narayana Kadambalithaya in the year 1949 by the then government of Madras for a period of 50 years vide order of grant dated 24th March, 1949, issued by the District Forest Officer, Mangalore.
336/1A1 75 acres in total of Aletti village of Sullia Taluk, Dakshnia Kannada district.
Consequently, apprehending eviction, immediately after the lease period, the appellant alongwith two others filed a writ petition No.
The learned Single Judge dismissed the Writ Petition by order dated 9th April, 2003.
Civil Appeal No.
The High Court vide its order dated 25th March, 1999 disposed of the writ petition with a direction to the respondents therein to companysider the application for the renewal of the lease in accordance with law and dispose of the same within two months of the date of receipt of the companyy of the order.
17766 of 2000 vide which the order of the Learned Single Judge was affirmed and the appeal was accordingly dismissed.
The appeal is accordingly dismissed with numberorder as to companyts.
9570 9572 of 1999 in the High Court of Karnataka at Bangalore.
4996 of 2004 and Civil Appeal No.3973 of 2011 Arising out of SLP C No.
4995 of 2004, Civil Appeal No.
The Division 1 AIR 1997 SC 1228 Bench judgment is under challenge before us in the present appeal.
The Division Bench of the High Court held that the issue is companycluded by this Court in the case of T.N. Godavarman Thirumulkpad Vs.
26371 of 2008 Leave granted in Civil Appeal No.The Writ Appeal No.
However by order dated 25th March, 2000, the State Government cancelled the lease deed and directed the appellant to hand over the possession of the lease hold land back to the forest department to the extent of 48 acres out of 75 acres immediately and the remaining 27 acres by 31st December, 2001.
The reasons given by the State Government in its order dated 25th March, 2000 for rejecting the claim of the appellant were as under The leasehold land is surrounded by thick forest in East Aletty Reserved Forest Land this area is near to the boundary of Kerala and Karnataka State.
We have heard the learned companynsel for parties at length.
SURINDER SINGH NIJJAR, J. Civil Appeal No.4994 of 2004 This appeal is directed against the final judgment and order of the High Court of Karnataka at Bangalore dated 3rd September, 2003, in Writ Appeal No.
The land was granted for the purpose of raising areca nut plantation.
