Disposed

News Item Titled Retired Dcf Penalized for Illegal Felling of 800 Treed in Madikeri Forest Appearing in the Deccan Herald Dated 30 08 2024 v. Principal Chief Conservator of Forests (Pccf) Karnataka

NGT9 Apr 2026Original Application No. 281/2024

Case brief

AI extract

What is this about?

The Tribunal, suo motu, examined news reports alleging illegal tree felling and land diversion in Karnataka. Relying on a report that the land was private non-forest property and noting existing disciplinary action against the official, the Tribunal concluded no judicial order was necessary and disposed of the application.

What the court decided

AI extract

News Item Titled Retired Dcf Penalized for Illegal… — Environment and Pollution | NGT (2026)

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Item No.1:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Thursday, the 09^th day of April, 2026.

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[Through Physical Hearing (Hybrid Option)]

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Original Application No.281 of 2024(SZ)

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IN THE MATTER OF:

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Suo Motu in respect of news item appearing in the Deccan Herald dated 30.08.2024 titled “Retired DCF penalized for illegal felling of 800 trees in Madikeri Forest”

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With

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1) Principal Chief Conservator of Forest, Karnataka

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Karnataka Forest Department, Government of Karnataka Aranya Bhawan, 18^th Cross, Malleshwaram, Bangalore, Karnataka – 560 003.

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2) Ministry of Environment, Forest and Climate Change, Through its Regional Office Ministry of Environment, Forest and Climate Change, Integrated Regional Office, Kendriya Sadan, 4^th Floor, E & F Wings, 17^th Main Road, Koramangala II Block, Bangalore – 560 034.

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3) District Magistrate, Kodagu DC Office Complex, Madikeri – 571 201. ...Respondent(s)

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For Applicant(s): Suo Motu. For Respondent(s): Mr. Rajat Jonathan Shaw represented Mr. K.M. Darpan for R1 & R3. Mrs. P. Kavitha for R2.

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Judgement Reserved on: 20^th March, 2026.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

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HON’BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER

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Page 1 of 6

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J U D G M E N T

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Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

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1) The above-captioned matter was suo motu registered by the Principal Bench of this Tribunal as Original Application No.1166 of 2024 (PB) , based on a news item published in the Deccan Herald on 30.08.2024, titled “Retired DCF penalized for illegal felling of 800 trees in Madikeri Forest” . Subsequently, the matter was transferred to this Bench and renumbered as Original Application No.281 of 2024 (SZ) .

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2) The matter concerns the penalty imposed on the former Deputy Conservator of Forests (DCF) of the Madikeri Division, Karnataka, for authorizing the illegal felling of nearly 800 trees in K. Nidugane village.

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3) According to the news report, despite a show-cause notice and a charge sheet issued in November 2019 and an enquiry report in November 2023 upholding the charges, the former DCF, Mr. Manjunath, did not provide an adequate response. On 20.08.2024, the government imposed a penalty by deducting 5% from his pension for a period of two years.

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4) The news item further highlights that the Karnataka Housing Board had initially planned to construct a residential complex; however, activists alleged that the forest land was illegally diverted for a resort. The land in question was classified as ‘Bane’ land. Since all ‘Bane’ areas are considered statutory forests, their use for non-forest purposes requires clearance from the Union Government.

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5) It is further alleged in the news item that, despite clear directives, the former DCF permitted the felling of trees. Further, he failed to object to the conversion of the land for commercial purposes and did not initiate a joint survey to determine the land’s status. Moreover, the permission for felling was issued through a letter rather than a formal order, contrary to established procedure.

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Page 2 of 6

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6) The news item also indicates that the actions taken by the authorities do not reflect whether afforestation measures were implemented in the event of encroachment on the forest land, nor does it mention any further remedial action.

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7) Upon notice, the report dated 10.12.2025 is filed on behalf of the 1^st Respondent , stating that the Karnataka Housing Board, Bengaluru, is the owner of properties bearing Sy. Nos.60/1 & 60/3 of redeemed sagujaga, Sy. Nos. 35/2, 34, 31/3 of sagubane land, Sy. Nos.31/1, 22/11, 22/15, 22/16 of paradinabane, Sy. No.65/22 of sago bane and other properties situated in K. Nidugane village, Madikeri Taluk, Kodagu District. The revenue classification of these lands does not fall under “Forest Lands.” The RTC for these properties is registered in the name of the Commissioner, Karnataka Housing Board, Kaveri Bhavan, Bengaluru. The Karnataka Housing Board entered into a Memorandum of Agreement with M/s. Parthipati Project Private Limited, Bengaluru, for the development of a construction project on the aforementioned properties. The properties were converted from agricultural to non-agricultural (residential layout) purposes by order of the Deputy Commissioner, Kodagu district, Madikeri, dated 07.11.2020. The erstwhile DCF provided a No Objection Certificate (NOC) for the conversion.

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8) It is further stated in the report that M/s. Parthipati Project Private Limited submitted an application dated 05.04.2017 seeking permission to remove certain trees along roads and property boundaries that obstructed construction activities. Upon review, the Forest Department granted permission to fell and remove 808 trees. However, the permit was issued without following due procedures. Of these, 738 trees were felled and transported to the Government Timber Depot, Anekad. The irregularity in issuing the cutting permit was brought to the notice of the Additional Secretary to the Government of Karnataka. Subsequently, disciplinary proceedings were initiated against the concerned official, Mr. M.L. Manjunath, for granting permission illegally to fell and transport 808 trees on the aforementioned properties without obtaining the opinion of the Revenue Department and conducting a joint survey. The Enquiry Officer submitted a report dated

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Page 3 of 6

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28.11.2023 upholding the charges against him. Thereafter, the Government of Karnataka, by order No. Apaji 76 Ave 2019, Bengaluru, dated 20.08.2024, imposed a penalty on the concerned official.

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9) With respect to the newspaper report, it is stated that the report’s claims regarding alleged diversion of forest land are incorrect. The properties involved—Redeemed Sago Aga, Sago Bane and Paradina Bane lands—originally belonged to private individuals and are alienated Bane lands. They are neither Reserved Forests nor Deemed Forests nor Government Land. Consequently, objections to their conversion from agricultural to non-agricultural purposes do not arise. The Karnataka Housing Board purchased these properties and became the absolute owner, with RTCs registered in its name.

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10) Regarding ownership of trees naturally growing on the land, it is stated in the report that the Government of Karnataka, by Order No. APAJI/81/FAF/2021 dated 20.03.2023, clarified naturally grown trees existing before alienation belong to the Government. Trees grown after alienation belong to the landowner unless reserved by the Government. In case of dispute regarding tree age, the value is shared equally between the Government and the landowner. Thus, trees on redeemed Sago land or trees grown after alienation belong to the property owner and raising objections for conversion does not arise. The newspaper’s claims regarding lack of afforestation measures are denied as false.

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11) The 1^st Respondent stated that the properties are not forest land and the project involved residential construction. Trees were removed only to facilitate construction, the sites lie outside the Pushpagiri Hills Eco-Sensitive Zone, and no violation of the Forest Conservation Act, 1980, or the Environment Protection Act, 1986, occurred. Compensatory afforestation is therefore not required. The trees were on private property, belonged to the project (a government initiative), and timber was sent to the Government Timber Depot at Anekad, causing no loss to the Forest Department or Government.

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Page 4 of 6

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12) The Ministry of Environment, Forests & Climate Change (MoEF&CC)/Respondent No.2 has filed its reply affidavit dated 22.10.2025 stating that land management falls under State jurisdiction, the State is the custodian of land, and tree felling on non-forest land must follow legal provisions, procedures, and permissions prescribed under applicable laws. It is further stated in the reply that prior approval from the Central Government under Section 2 of the Forest (Conservation) Act, 1980 is mandatory for undertaking any nonforest activity on forest land. Any contravention of this provision constitutes a violation of the Act and attracts its penal consequences. To ascertain the facts regarding the issues raised in the news article, the MoEF&CC, by letter dated 30.09.2024, followed by reminders on 19.12.2024, 14.02.2025, 28.04.2025, and 01.08.2025, requested a factual report from the State Forest Department of Karnataka. The report is still awaited.

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13) Considered the submissions made by the learned counsel appearing for the respondent authorities and perused the materials available on record.

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14) The news item alleged that the former DCF permitted the felling of trees on forest land without proper procedure, failed to call for a joint survey, and did not object to the conversion of land for commercial purposes. It further suggested that afforestation measures were not undertaken following the felling.

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15) The report of the 1^st Respondent, Karnataka Housing Board, Bengaluru, clarifies that the lands in question—Redeemed Sago Aga, Sago Bane, and Paradina Bane—are alienated Bane lands originally held in private ownership and purchased by the Karnataka Housing Board. These properties are neither Reserved Forests nor Deemed Forests, nor do they constitute Government land. RTCs for these lands are registered in the name of the Karnataka Housing Board. The properties were converted from agricultural to non-agricultural (residential layout) purposes by the Deputy Commissioner, Kodagu District, Madikeri, dated 07.11.2020. The erstwhile DCF issued a No Objection Certificate (NOC) to facilitate this conversion. M/s. Parthipati Project Private

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Page 5 of 6

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Limited applied for permission to remove trees obstructing construction. The Forest Department granted permission to fell 808 trees, of which 738 were felled and transported to the Government Timber Depot, Anekad.

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16) The irregularity in granting the cutting permit without following due procedure was brought to the notice of the Additional Secretary and disciplinary proceedings were initiated against Mr. M.L. Manjunath. The enquiry report dated 28.11.2023 upheld the charges, and the Government of Karnataka, by order dated 20.08.2024, imposed a penalty by deducting 5% from his pension for two years.

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17) The Tribunal notes that disciplinary action has been duly taken against the erring official, Mr. M.L. Manjunath, as per government orders dated 20.08.2024. The properties in question are not forest land; therefore, the allegations of illegal diversion of forest land are unsubstantiated. The felling of trees was carried out in connection with a sanctioned construction project on private property, and the timber was lawfully transported to the Government Timber Depot. No loss has been caused to the Government or the Forest Department.

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18) In light of the above, it would be appropriate to close the matter, as the issue has been addressed through administrative and disciplinary proceedings, and no further orders are necessary.

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19) Accordingly, the Original Application [O.A. No.281 of 2024 (SZ)] stands disposed of .

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Sd/-

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Smt. Justice Pushpa Sathyanarayana, JM

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Sd/Dr. Prashant Gargava, EM

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Internet – Yes/No All India NGT Reporter – Yes/No

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O.A. No.281/2024 (SZ) 09^th April, 2026. Mn.

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Page 6 of 6

News Item Titled Retired Dcf Penalized for Illegal Felling of 800 Treed in Madikeri Forest Appearing in the Deccan Herald Dated 30 08 2024 v. Principal Chief Conservator of Forests (Pccf) Karnataka

Case brief

What is this about?

What the court decided

News Item Titled Retired Dcf Penalized for Illegal Felling of 800 Treed in Madikeri Forest Appearing in the Deccan Herald Dated 30 08 2024 v. Principal Chief Conservator of Forests (Pccf) Karnataka

Case brief

What is this about?

What the court decided

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