IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT APPEAL NOs.4283/2012 & 8577-8578/2012 (GM-FOR) C/W WRIT APPEAL NO.4205/2012 (GM-FOR) IN W.A. NO.4283/2012 BETWEEN 1. THE RANGE FOREST OFFICER KRISHNARAJAPURAM RANGE, BANGALORE-560016, BENGALURU CITY.
2. THE GOVERNMENT OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRY, M.S. BUILDING, VIDHANA VEEDHI, BANGALORE-1, REPRESENTED BY ITS PRINCIPAL SECRETARY, BENGALURU CITY.
(BY SRI. DINESH RAO, AGA A/W SRI. VASANTH FERNANDES, AGA) AND 1. CONCORD INDIA PVT LTD FORMERLY KNOWN AS STEYR INDIA LTD. FIRST FLOOR, EMBASSY POINT, NO.150, INFANTRY ROAD, BANGALORE- 560 001 REP. BY ITS DIRECTOR MR.NARPAT SINGH CHOURARIA BENGALURU CITY.
... APPELLANTS 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, 14/3, SECOND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BANGALORE-1, REPRESENTED BY ITS CEO AND MD, BENGALURU CITY.
3. THE DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY, BANGALORE, BANGALORE CITY, BENGALURU CITY.
4. SAN ENGINERING & LOCOMOTIVE CO. LTD P .B NO.4802, WHITEFIELD ROAD, BANGALORE- 560 048, BENGALURU CITY.
5. BPL ELECTRONICS LIMITED 1/1 PALACE ROAD, BANGALORE- 01.
6. BPL SAYNYO UTILITIES AND APPLIANCES LIMITED DYNAMIC HOUSE NO.64, CHURCH STREET, BANGALORE- 01.
7. BPL SAYNYO UTILITIES AND APPLIANCES LTD NO. 64, CHURCH STREET, BANGALORE- 01.
8. BPL ELECTRONICS LIMITED 1/1 PALACE ROAD, BANGALORE-01.
9. BPL REFRIGERATION LIMITED PLOT NO.1-A, KADUGODI INDUSTRIAL AREA, WHITEFIELD ROAD, BANGALORE- 66.
[RESPONDENT NOS. 5 TO 9 ARE DELETED AS PER ORDER DATED 09.10.2018] SINCE R9 WOUND UP IS REPRESENTED BY K S MAHADEVAN OFFICIAL LIQUIDATOR AMENDED AS PER ORDER DATED 22.07.2015] 10. INDIA SATCOM LIMITED NO.2, KORAMANAGALA INDUSTRIAL AREA, KORAMANGALA, BANGALORE- 560 095, BENGALURU CITY.
11. WIPRO GE MEDICAL SYSTEMS PVT. LIMITED A1, GOLDEN ENCLAVE , AIRPORT ROAD, BANGALORE- 560 017, BENGALURU CITY.
12. BHARATHI BT LIMITED 1740/A, MARUTHI TOWERS, KODIHALLI, AIRPORT ROAD, BANGALORE- 560 017 BENGALURU CITY.
13. BHARATHI BT LIMITED 1740/A, MARUTHI TOWERS, KODIHALLI, AIRPORT ROAD, BANGALORE- 560 017, BENGALURU CITY.
14. WIPRO GE MEDICAL SYSTEMS PVT LIMITED PLOT NO. 4, KADUGODI PLANTATION, INDUSTRIAL AREA, SADARAMANGALA, BANGALORE- 560 067, BENGALURU CITY.
15. UNIVERSAL SEMICONDUCTORS LIMITED 565/4, 6TH CROSS, 7TH MAIN ROAD, HAL II STAGE, BANGALORE-560008, BENGALURU CITY.
16. ROCHAN (INDIA) LIMITED PLOT NO. 5-A1, KADUGODI INDUSTRIAL AREA, WHITEFIELD BANGALORE-560066, BENGALURU CITY.
17. MISS CHERIE COSMETICS PVT LIMITED NO.62, MAKER CHAMBERS-III NARIMAN POINT, BOMBAY-400021, OUT OF STATE 18. MISS CHERIE COSMETICS PVT LIMITED NO.62, MAKER CHAMBERS-III NARIMAN POINT, BOMBAY-400021.
19. JALEX CONNECTOR SYSTEMS LIMITED 6-A & 6-B, KADUGODI INDUSTRIAL AREA WHITEFIELD ROAD, MAHADEVAPURA POST BANGALORE-560048, BENGALURU CITY.
20. HOLES INDIA LIMITED PLOT NO. 6-A, SADARAMANGALA INDUSTRIAL AREA, KADUGODI BANGALORE-560067 BENGALURU CITY.
21. S. SUDEEP KUMAR NO. 1117, 26 "B" MAIN, 9TH BLOCK, JAYANAGAR, BANGALORE-560069, BENGALURU CITY.
22. HI POWER HYDRAULICS NO.447, (NEW NO.29/010), 12TH CROSS, WILSON GARDEN, BANGALORE-560027, BENGALURU CITY.
23. VINITHA INDUSTIRES 90/2, WHITEFIELD ROAD, NEAR IOC, B. NARAYANAPURA, BANGALORE 560016.
BENGALURU CITY.
24. POLYPRINT 3, KRISHNAMURTHY INDUSTRIAL AREA, OLD MADRAS ROAD, BANGALORE-560016 BENGALURU CITY.
25. MILAN PACKAGING 21, NARAYAN REDDY INDUSTRIAL AREA, OLD MADRAS ROAD, DOORVANI NAGAR POST, BANGALORE-560016, BENGALURU CITY.
26. SREE VENUGOPAL FLOUR MILLS NO.43, SULTANPET, BANGALORE-560053 BENGALURU CITY.
27. SUMATHI ENTERPRISES NO.145/2, OLD MADRAS ROAD, C. V. RAMAN NAGAR POST, BANGALORE-560093 BENGALURU CITY.
28. IDEA PROJECTS PRIVATE LIMITED I-07, DIAMOND DISTRICT ULSOOR POST, AIRPORT ROAD BANGALORE-560016 BENGALURU CITY.
29. SABARI SALTS P-1(B), KSSIDC INDUSTRIAL ESTATE MAHADEVAPURA BANGALORE-560048 BENGALURU CITY.
30. SUVENI CHEMICALS P-1-A, KSSIDC INDUSTRIAL ESTATE MAHADEVAPURA BANGALORE-560048 BENGALURU CITY.
31. SUPRACHEM INDUSTRIES SURAM 11TH CROSS, ST. ANNES SCHOOL ROAD, RAMAMURTHY NAGAR BANGALORE-560016 BENGALURU CITY.
32. SRI VISHNU GAS AGENCY 1113, VIJAYA COMPLEX KADUGODI POST, FCI ROAD WHITEFIELD, BANGALORE-560067 BENGALURU CITY.
33. SUNIL AGRO FOODS LIMITED NO.1-104, AHUJA CHAMBERS KUMARAKRUPA ROAD BANGALORE-560001 BENGALURU CITY.
34. THE CHIEF ENGINEERS K.E.B. BANGALORE ZONE, K.R.CIRCLE, POST BAG NO. 5163, BANGALORE-01 BENGALURU CITY.
35. ALFRED HERBERT (INDIA) LIMITED WHITEFIELD ROAD, MAHADEVAPURA, P.B.NO. 4805, BANGALORE-48 BENGALURU CITY.
36. ALFRED HERBERT (INDIA) LIMITED WHITEFIELD ROAD, MAHADEVAPURA, P.B.NO. 4805, BANGALORE-48, REP. BY ITS EXECUTIVE DIRECTOR, MR. R SUBRAMANIAN BENGALURU CITY.
37. M/S KARNATAKA MACHINE TOOLS 565/4, 6TH CROSS, 7TH MAIN ROAD HAL II STAGE, BANGALORE-560008 REPRESENTED BY ITS PROPRIETOR MR SULAIMAN JALAL BENGALURU CITY.
38. MRS BALAJI BRINDAVAN S/O MR B C H MURTHY AGED ABOUT 50 YEARS R/O 9/3, 1ST CROSS GETTHANJALI LAYOUT HAL II STAGE, NEW THIPPASANDRA BANGALORE-560075 BENGALURU CITY.
39. MRS. PADMAJA B BALAJI W/O MR. BALAJI BRINDAVAN, AGED ABOUT 42 YEARS, R/O NO.913, 1ST CROSS, GEETHANJALI LAYOUT HAL II STAGE, NEW THIPPASANDRA, BANGALORE- 560075 ... RESPONDENTS (BY SRI D. L. N. RAO, SENIOR COUNSEL FOR SRI T SURYANARAYANA, ADVOCATE FOR C/R1 SRI ASHOK N NAYAK, ADVOCATE FOR R2, SRI N S SANJAY GOWDA, ADVOCATE FOR R3, SRI VIVEK HOLLA, ADVOCATE FOR R4, R35 & R36, SRI DHANANJAY JOSHI, ADVOCATE FOR R6 & R7, SRI K S MAHADEVAN, OFFICIAL LIQUIDATOR FOR R9, SMT SHILPA RANI, ADVOCATE FOR R10, SRI GANAPATHI HEGDE, ADVOCATE FOR R11,R12 & R15, SRI D R RAVISHANKAR, ADVOCATE FOR R13 & R14, SRI K R KRISHNA MURTHY, ADVOCATE FOR R17, R18, R22, R24 TO R27, R29 TO R31, R37 TO R39, SRI VIVEK P BAJAJ, ADVOCATE R19 & R20, SRI V SRINIVASA RAGHAVAN, ADVOCATE FOR R21, SRI R RAMDAS, ADVOCATE FOR R23, SRI ARVIND KAMATH, ADVOCATE FOR R28, SRI G PAPI REDDY, ADVOCATE FOR R32, SRI G KRISHNA MURTHY, ADVOCATE FOR R33, SRI N KRISHNANDA GUPTA, ADVOCATE FOR R34) IN W.A. NOs.8577-78/2012 BETWEEN 1. THE ASST. CONSERVATOR OF FORESTS, BANGALORE SOUTH SUB-DIVISION, BANGALORE.
2. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY FOREST, ECOLOGY & ENVIRONMENT DEPT., GOVERNMENT OF KARNATAKA VIKASA SOUDHA, BANGALORE.
(BY SRI DINESH RAO, AAG A/W SRI VASANTH FERNANDES, AGA) AND 1. ALFRED HERBERT (INDIA) LIMITED, P.B. NO.4805, WHITEFIELD ROAD, MAHADEVAPURA BANGALORE 560 048 REP. BY ITS EXECUTIVE DIRECTOR, MR. R. SUBRAMANIAN.
2. MR. H. V. LODHA, S/O R S LODHA AGE 42 YEARS, R/A 13, LOUDON STREET, KOLKATA 700 017.
… APPELLANTS …RESPONDENTS (BY SRI VIVEK HOLLA, ADVOCATE FOR R1 & R2) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.7200/2008 C/W WP.NOS.29765-66/2009 (GM-FOR) DATED 25/05/2012.
IN W.A. NO.4205/2012 BETWEEN CONCORD INDIA PRIVATE LIMITED FORMERLY KNOWN AS STEYR INDIA LTD FIRST FLOOR, EMBASSY POINT, NO.150 INFANTRY ROAD, BANGALORE-560001 REPRESENTED BY ITS DIRECTOR MR NARPAT SINGH CHOURARIA.
(BY SRI R V S NAIK, SENIOR ADVOCATE A/W SRI NITINPRASAD, ADVOCATE) AND 1. THE RANGE FOREST OFFICER KRISHNARAJAPURAM RANGE 13TH CROSS, 29TH MAIN, BTM LAYOUT, BANGALORE 76 2. THE GOVERNMENT OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRY MS BUILDING, VIDHANA VEEDHI BANGALORE-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 14/3, SECOND FLOOR, RP BUILDING NRUPATHUNGA ROAD, BANGALORE-560001 REPRESENTED BY ITS CEO AND MD.
4. THE DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY BANGALORE BANGALORE CITY.
5. SAN ENGINEERING & LOCOMOTIVE COMPANY LIMITED P B NO.4802, WHITEFIELD ROAD BANGALORE 560048.
6. BPL ELECTRONICS LIMITED 1/1 PALACE ROAD BANGALORE 560001.
... APPELLANT 7. BPL SANYO UTILITIES & APPLIANCES LIMITED DYNAMIC HOUSE NO.64, CHURCH STREET BANGALORE-560001.
8. BPL SANYO UTILITIES & APPLIANCE’S LIMITED NO.64, CHURCH ROAD BANGALORE-560001.
9. BPL ELECTRONICS LIMITED 1/1 PALACE ROAD BANGALORE -560001.
10. BPL REFRIGERATION LIMITED PLOT NO.1-A KADUGODI INDUSTRIAL AREA WHITEFIELD ROAD BANGALORE 560 066.
11. INDIA SATCOM LIMITED NO.2, KORAMANGALA INDUSTRIAL AREA KORAMANGALA BANGALORE-560095.
12. WIPRO GE MEDICAL SYSTEMS PRIVATE LIMITED A-1, GOLDEN ENCLAVE AIRPORT ROAD, BANGALORE-560017.
13. WIPRO G E MEDICAL SYSTEMS LIMITED A-1, GOLDEN ENCLAVE AIRPORT ROAD, BANGALORE-560017.
14. BHARATHI B T LIMITED 1740/A, MARUTHI TOWERS KODIHALLI, AIRPORT ROAD BANGALORE-560017.
15. BHARATHI B T LIMITED 1740/A, MARUTHI TOWERS, KODIHALLI AIRPORT ROAD, BANGALORE-560017.
16. WIPRO GE MEDICAL SYSTEMS LIMITED PLOT NO.4, KADUGODI PLANTATION INDUSTRIAL AREA SADARMANGALA BANGALORE-560067.
17. UNIVERSAL SEMICONDUCTORS LIMITED 565/4, 6TH CROSS, 7TH MAIN ROAD, HAL II STAGE BANGALORE-560008.
18. ROCHAN (INDIA) LIMITED PLOT NO. 5-A1, KADUGODI INDUSTRIAL AREA, WHITEFIELD, BANGALORE-560066.
19. MISS CHERIE COSMETICS PRIVATE LIMITED 62, MAKER CHAMBERS-III NARIMAN POINT, BOMBAY-400021.
20. JALEX CONNECTOR SYSTEMS LIMITED 6-A & 6-B, KADUGODI INDUSTRIAL AREA WHITEFIELD ROAD MAHADEVAPURA POST BANGALORE-560048.
21. HOLEX (INDIA) LIMITED PLOT NO.6-A, SADARMANGALA INDUSTRIAL AREA, KADUGODI BANGALORE-560067.
22. S SUDEEP KUMAR NO.1117, 26 "B" MAIN, 9TH BLOCK JAYANAGAR, BANGALORE-560069.
23. HI POWER HYDRAULICS NO.477, (NEW NO. 29/01) 12TH CROSS, WILSON GARDEN BANGALORE-560027.
24. VINITHA INDUSTRIES 90/2, WHITEFIELD ROAD NEAR IOC, B.NARAYANAPURA BANGALORE-560016.
25. POLYPRINT 3, KRISHNAMURTHY INDUSTRIAL AREA OLD MADRAS ROAD BANGALORE-560016.
26. MILAN PACKAGING 21, NARAYAN REDDY INDUSTRIAL AREA OLD MADRAS ROAD DOORVANI NAGAR POST BANGALORE-560016.
27. SREE VENUGOPAL FLOUR MILLS NO.43, SULTANPET BANGALORE-560053.
28. SUMATHI ENTERPRISES NO.145/2, OLD MADRAS ROAD C.V.RAMAN NAGAR POST BANGALORE-560093.
29. IDEB PROJECTS PRIVATE LIMITED 1-07, DIAMOND DISTRICT ULSOOR POST, AIRPORT ROAD BANGALORE-560008.
30. SABARI SALTS P-1(B), KSSIDC INDUSTRIAL AREA MAHADEVAPURA BANGALORE-560048.
31. SUVENI CHEMICALS P-1-A, KSSIDC INDUSTRIAL AREA MAHADEVAPURA, BANGALORE-560048.
32. SUPRACHEM INDUSTRIES "SURAM", 11TH CROSS ST.ANNES SCHOOL ROAD RAMAMURTHY NAGAR BANGALORE-560016.
33. SRI VISHNU GAS AGENCY 1113, VIJAYA COMPLEX KADUGODI POST, FCI ROAD WHITEFIELD BANGALORE-560067.
34. SUNIL AGRO FOODS LIMITED NO.1-104, AHUJA CHAMBERS KUMARAKRUPA ROAD BANGALORE-560001.
35. THE CHIEF ENGINEER, K E B BANGALORE ZONE, K.R.CIRCLE POST BAG NO.5163 BANGALORE-560001.
36. ALFRED HERBERT ( INDIA) LIMITED WHITEFIELD ROAD MAHADEVAPURA P.B.NO.4805, BANGALORE-560048.
37. ALFRED HERBERT (INDIA) LIMITED WHITEFIELD ROAD, MAHADEVAPURA, P.B.NO.4805, KORAMANGALA, BANGALORE-560048.
38. M/S KARNATAKA MACHINE TOOLS NO.564/4, 6TH CROSS, 7TH MAIN ROAD HAL II STAGE, BANGALORE- 560008 REPRESENTED BY ITS PROPRIETOR MR.SULAIMAN JAMAL.
39 MRS BALAJI BRINDAVAN S/O MR B C H MURTHY AGED ABOUT 50 YEARS R/O.913, 1ST CROSS GEETHANJALI LAYOUT HAL II STAGE, NEW THIPPASANDRA BANGALORE-560075 BENGALURU CITY.
40. MRS. PADMAJA B BALAJI W/O MR. BALAJI BRINDAVAN, AGED ABOUT 42 YEARS, R/O NO.913, 1ST CROSS, GEETHANJALI LAYOUT HAL II STAGE, NEW THIPPASANDRA, BANGALORE- 560075 ... RESPONDENTS (BY SRI DINESH RAO, ADDITIONAL ADVOCATE GENERAL A/W SRI VASANTH FERNANDES, AGA FOR R2, SRI ASHOK N NAYAK, ADVOCATE FOR R3, SRI N S SANJAY GOWDA, ADVOCATE FOR R4, SRI VIVEK HOLLA, ADVOCATE FOR R5, SRI DHANANJAY JOSHI, ADVOCATE FOR R7 & R8, SMT SHILPA RANI, ADVOCATE FOR R11, SRI GANAPATHI HEGDE, ADVOCATE FOR R12, R13 & R16, SRI D R RAVISHANKAR, ADVOCATE FOR R14, R15, SRI K R KRISHNA MURTHY, ADVOCATE FOR R18, R19, R23 R25 TO R28, R30 TO R32, R38 TO R40, SRI VIVEK P BAJAJ, ADVOCATE FOR R20 & R21, SRI V SRINIVASA RAGHAVAN, ADVOCATE FOR R22, SRI D RAMDAS, ADVOCATE FOR R24, SRI ARAVIND KAMATH, ADVOCATE FOR R29, SRI G PAPI REDDY, ADVOCATE FOR R33, SRI G KRISHNA MURTHY, ADVOCATE FOR R34, SRI N K GUPTA, ADVOCATE FOR R35, R6, R9, R10 & R17 ARE DISPENSED WITH) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 7200/2008 DATED 25/5/12.
THESE WRIT APPEALS COMING ON FOR FINAL HEARING THIS DAY, DEVDAS J, DELIVERED THE FOLLOWING:
JUDGMENT The Karnataka Industrial Areas Development Board (hereinafter referred to as ‘KIADB’ for short), respondent No.2 herein, formed an industrial area known as ‘Kadugodi Industrial Area’ in a total extent of 449 acres 17 guntas. The industrial area was formed in two phases, the 1st Phase comprising of 148 acres 17 guntas, on Government land placed at the disposal of KIADB, by the State Government, under Section 32 of the Karnataka Industrial Areas Development Act, (hereinafter referred to as ‘KIAD, Act’ for short), 1966 vide a Government Order bearing No.AFD13 FCL 72, dated 05/06.07.1972. Further thereto, a notification under Section 3(1) of the KIAD Act, dated 10.08.1970, was issued declaring, inter-alia, the said 148 acres 20 guntas of land as an industrial area.
2. The 2nd phase of an industrial area comprised of 300 acres 37 guntas of private land acquired by the State Government in the year 1985. Notifications of acquisition under Section 28(4) of the KIAD Act, dated 09.04.1985 and 13.08.1985, were issued covering 91 acres 33 guntas and 209 acres 04 guntas. In this manner, the Kadugodi industrial area formed by KIADB is spread over an extent of 448 acres 17 guntas.
3. Industrial plots formed in the Kadugodi industrial area have been allotted to various industries, including respondents No.3 to 36 herein. Plot No.6, measuring 78.548 acres, with entry and exit from Whitefield Main Road was allotted in favour of M/s. Concord India Pvt. Ltd, (hereinafter referred to as ‘Concord’ for short) the writ petitioner in W.P.No.7200/2008. Possession of the plot was handed over to Concord on 17.05.1973. After few years, since KIADB sought to resume the plot from Concord for alleged breach of terms of agreement, Concord filed O.S.No.159/1990, seeking decree restraining KIADB from interfering with its peaceful possession. By judgment and decree dated 23.09.1996, the suit was decreed. The Regular Appeal, Regular Second Appeal and SLP, preferred by KIADB proved unsuccessful.
4. Interestingly, KIADB filed a suit in O.S.No.421/2000, against Concord for a judgment and decree of resumption of land. The said suit, however, was dismissed as settled out of Court. Plot No.6, was re-allotted to Concord and lease-cum- sale agreement dated 07.06.2007, was executed in its favour, by KIADB for an allotment consideration of Rs.39,27,41,625/. Concord, thereafter obtained approval for setting up Special Economic Zone (SEZ) for IT/IT enabled services, on a portion of the plot measuring 58 acres. Since, the Central Government Policy requires leasehold rights of minimum period of 20 years, KIADB executed a rectification deed extending the lease period for a further period of 20 years.
5. The Range Forest Officer, Krishnarajapura Range, Bangalore issued a notice dated 16.04.2008, on the premise that Concord was in unauthorized occupation of 78 acres of forest land in Sy.No.1 of Kadugodi plantation reserve forest, violating the provisions of Karnataka Forest Act, 1963 and Forest (Conservation) Act, 1980. It is under these circumstances that Concord filed the writ petition with a prayer to quash the impugned notice dated 16.04.2008, instituted in FOC 176/08-09.
6. However, it appears that KIADB agreed to surrender unutilized portion of Sy.No.1 of Kadugodi plantation to the Forest Department and recommended the utilized portion for approval under the Forest (Conservation) Act, 1980, to the Government of India, to which the Forest Department had no objections and would join in the recommendation for permission. This is followed by an order dated 16.03.2012, passed by the State Government directing the Forest department to take possession of unutilized portion of Sy.No.1 of Kadugodi plantation, in exercise of powers under the Karnataka Forest Act, 1963 and Forest (Conservation) Act, 1980. In the light of the subsequent developments, additional prayers were incorporated in the writ petition, challenging the order dated 16.03.2012, passed by the State Government.
7. It would be relevant to notice that in the Kadugodi industrial area, several major industries and public utility services were set up. The public utilities, to name a few are KEB Power Station, Satellite Goods Terminal of the Indian Railways, etc. All such allottees, such as DRM, South Western Railways, Hi-Power Hydraulics, Milan Packaging, Polyprint, etc., preferred writ petitions and the learned Single Judges had granted interim orders of stay of the impugned notices issued by the Forest department and the impugned order dated 16.03.2012, issued by the State Government.
8. Sri. Dinesh Rao, learned Additional Advocate General, appearing for the appellants-State Government, has taken us through the history of how the then Governor General in Council of the erstwhile Government of India, Department of Revenue, Agriculture and Commerce, published in the Mysore Gazette, dated 29.06.1878, the Rules dated 08.06.1878 for administration of Forest lands in the territory of His Highness the Maharaja of Mysore, for short, ‘Forest Rules of 1878’ and under Section 9 therein, the then Government of Mysore issued a notification No.10407, Ft.F.153.95 dated 29.05.1896, published in the Mysore Gazette on 11.06.1896, declaring amongst others, at Sl.No.28, the plantation by name Kadugodi, Bangalore Taluk, measuring 711 acres, demarcated by boundaries as ‘Government plantation’ under Rule 1 of Forest Rules, 1878.
9. The Highness, Maharani Regent enacted the Mysore Forest Regulation, 1900, by repealing Forest Rules of 1878, published in the Mysore Gazette on 06.12.1900, to amend the law relating to the forest and forest produce in Mysore.
10. The erstwhile Government of Mysore by notification No.422/Ft.F.15-1900, dated 07.01.1901, under Section 23 of the Mysore Forest Regulation, 1900 declared, amongst others, the plantation at Kadugodi in Bangalore District, notified as State Forest under the Forest Rules of 1878, to be State Forest, under the Mysore Forest Regulation, 1900. The survey record of the year 1865 states that 677 acres 3 guntas of land in Sy.No.1 of Kadugodi plantation is classified as ‘kharab’ and referred to as ‘Tree plantation’, so also in the year 1921, the land is classified as ‘kharab’.
11. The Military department under the erstwhile Government of India during the year 1942-43, occupied an area of 170 acres 13 guntas, while in the year 1949-50, were in possession of 655 acres, 32 guntas of Kadugodi plantation, pursuant to which, an official memorandum dated 10.11.1944, was issued by the Revenue Commissioner and Civil Representative in Mysore, accepting the recommendation of the Chief Conservator of Forest, Mysore, to pay compensation in respect of the properties requisitioned for the military purpose in Mysore under the Defence of India Rules, which included Kadugodi plantation. According to the Forest department, ground rent of Rs.4/- per acre for 855 acres, 32 guntas of land in Kadugodi plantation for the year 1943-44 including ‘grass lease’ and house lease was sought to be recovered by the Chief Conservator of Forest, in addition to damaged caused to growth in Kadugodi plantation from time to time and revision of ground rent for 355 acres 32 guntas out of 711 acres, by letter dated 25.10.1944.
12. The Chief Conservator of Forest in Mysore by letter No.M2.15(b) 562/47 dated 30.03.1950 (as extracted in Annexure-A to the rejoinder to the statement of objections filed by Respondents 1 and 2) addressed to the Secretary, Government of LSG Department, with reference to letter No. AF 9350 dated 22.03.1950, having conducted a spot inspection on 12.02.1950 along with the District Forest Officer, Bangalore and noticing that there were large number of populous villages surrounding the plantation, the cause and the effect of difficulty to rigidly protect the area and raise a successful plantation, was agreeable to release the plantation for cooperative farming after derequisitioning the entire area from the Military Authorities.
13. The Secretary, Government LSG Department, Bangalore (Local Self Government) by letter bearing No. AF 2715 dated 19.06.1950 addressed to the Revenue Commissioner in Mysore directed action be taken for derequisitioning of the lands in Kadugodi Plantation from the Military and place it for disposal at the hands of the Rural Development Commissioner, in Mysore for cooperative farming.
14. The Revenue Commissioner in Mysore by letter No.C1-1569/49-50 dated 04.07.1950 addressed to the Chief Conservator of Forest in Mysore and a copy to the Deputy Commissioner, Bangalore District, making reference to the order dated 15.06.1950 in the matter of issue of discharge certificate as agreed by the Conservator of Forest in his letter No.M/82-530/49 dated 13.02.1950, communicated the fact of derequisitioning 572 acres 6 guntas of Kadugodi Plantation and requested it to be handed over to the Deputy Commissioner, Bangalore District.
15. The Deputy Commissioner, Bangalore District, by letter No.M2 PR 149/1731/49-50 dated 15.07.1950 called upon the Amildar, Hoskote Taluk, to submit a report after taking possession of the land from the Forest Department and also to submit, if there was any plantation area under the Military Department.
16. Consequent upon the release of the land to the Revenue Department, its possession was handed over to the Kadugodi Samuhika Vyavasaya Sahakara Sangha consisting of the members belonging to the Scheduled Castes and Scheduled Tribes for cultivation, pursuant to which, the said members were put in possession of certain extents of lands for cultivation. The said Sangha when constituted into a Cooperative Society registered under the Karnataka Cooperative Societies Act, 1957, was known as Kadugodi Joint Farming Co-operative Society, Hoskote Taluk. That Society having become defunct, the Deputy Registrar of Cooperative Societies, Bangalore Rural District, by order dated 31.12.1983 appointed the Cooperative Extension Officer, Hoskote Taluk, as liquidator, to wind up and submit a report for cancellation of the Society and complete the liquidation process.
17. The Divisional Forest Officer by letter dated 12/13.08.1969 addressed to the Executive Member of the erstwhile Mysore Industrial Development Board, Annexure- R1, to the statement of objections dated 15.07.2011 of KIADB, stated that from out of 742 acres 6 guntas of Kadugodi Plantation, (i) 572 acres 6 guntas was released to the Revenue Department vide G.O.No. AF 2716 19/ 19-06- 1950; (ii) 141 acres was in the occupation of the Military Authorities from the year 1942; and (iii) 29 acres was in the control of Forest Department.
18. The State of Karnataka enacted the Karnataka Forest Act, 1963, which came into force w.e.f. 27.02.1964 by repealing the Mysore Forest Regulation, 1900. The Divisional Forest Officer by letter No.R217-DAR-42/69-70 dated 12/13- 08-1969 confirmed that an extent of 572 acres 6 guntas of Kadugodi plantation was released to the Revenue Department by Government Order dated 19.06.1950.
I LAND MEASURING 148 ACRES 20 GUNTAS IN SY.NO.1 OF KADUGODI PLANTATION FROM OUT OF WHICH:
i) Plot No.6 measuring 78 acres 20 guntas was allotted to the petitioner in W.P.No.7200/2008;
ii) Plot No.5 measuring 10 acres was allotted to the petitioners in W.P.No.29765-66/2009 (R- 36 and R-37 in W.P.No.7200/2008);
iii) 11 hectares 3995 sq.mtrs was allotted to Respondent No.5 in W.P.No.7200/2008.
19. The State of Karnataka exercising jurisdiction under Section 3(1) of the KIAD Act, 1966, issued notification dt. 4/10-8-1970 and declaring as an “Industrial Area”, amongst others, an extent of 29 acres 20 guntas + 119 acres totaling to 148 acres 20 guntas in Sy.No.1 Kadugodi plantation another notification dt. 5/10-8-1970 declaring that the Chapter VII of the KIAD Act would come into force from that day in respect of the aforesaid lands (Annexures-R4 and R5 to the statement of objections of the KIADB).
20. The records maintained by the Mysore Special Reserve Police and Forest Department disclosed an area of 141 Acres, used as a vehicle depot when derequisitioned from use by the Military, and was in possession of the Special Reserve Police of Mysore.
21. Annexure-R3 to the statement of objections of KIADB discloses that an extent of 141 acres, part of Sy.No.1, Kadugodi Plantation described as “Vehicle Depot, ME” (Military Engineering) in possession of the Commandant, Mysore Special Reserve Police, Bangalore, was on 19/5/1972 handed over to the Mysore Industrial Area Development Board, on payment of Rs.564/- per annum as compensation. In addition, it states that certain dry private land in SY.No.140, New Sy.No.35 and 37 of Potandur village is also handed over pursuant to GO No.HD60 SST 70 dt. 24.3.1970.
22. By order dated 5/6-7-1972 Annexure ‘B’ to W.P.7200/08, the erstwhile Government of Mysore accorded sanction to release 29 acres of plantation in Sy.No.1 of Kadugodi Plantation, Hoskote Taluk, and surrender it to the Revenue Department to be transferred to the Commerce and Industries Department for disposal for industrial purpose.
23. By Act No.15/1978 Section 28 of the Karnataka Forest Act, 1963 was amended by inserting a further proviso that no such resolution shall be necessary when the proposal relates to regularization of unauthorized occupation of any reserved forest or portion thereto, if such occupation was prior to the date of commencement of Karnataka Forest (Amendment) Act, 1978, w.e.f. 27-4-1978. These are the undisputed facts recorded by the learned Single Judge.
24. On the basis of such undisputed facts, the learned Single Judge came to a conclusion that prior to the issuance of notification under Section 3(1) of the KIAD Act, 141 acres of land in Sy.No.1 of Kadugodi plantation, which was described as “vehicle depot, ME” (Military Engineering) was in possession of the Commandant, Mysore Special Reserve Police, Bangalore and the same was handed over to the Mysore Industrial Area Development Board on 19.05.1972, on payment of Rs.564/- per annum as compensation. The Mysore Industiral Area Development Board issued a possession certificate dated 17.05.1973 (Annexure-H2, WP No.7200/2008) handing over plot No.6, measuring 73 acres 2583 square yards, along with trees, buildings and structures standing thereon excluding the barracks found on the western boundary, to M/s. STEYR India Ltd. while the endorsement overleaf discloses the acceptance of the change in name of the company to M/s. Concord India Pvt. Ltd.
25. The learned Single Judge has further recorded a finding that by agreement dated 21.02.1971 executed by KIADB in favour of M/s. STEYR India Ltd., extended a lease of plot No.6 for a period of 11 years with a condition to sell the premises on lease after the expiry of the said term. KIADB instituted O.S.No.159/1990, against Concord for permanent injunction, which when decreed on 29.03.1996, was carried in R.A.No.190/1996 and thereafter RSA No.501/1997, whence the judgment and decree of the Trial Court was set aside. KIADB filed SLP No.17126/1998, and the same came to be dismissed on 03.12.1999.
26. The KIADB once again instituted another suit in O.S.No.421/2000, against Concord, seeking possession, damages, etc. By order dated 26.06.2007, the said suit was dismissed as settled out of Court. On payment of Rs.39,27,41,625/- by Concord, KIADB executed a lease-cum- sale agreement dated 07.06.2007, as sale consideration tentatively fixed.
27. The learned Single Judge has proceeded to meet the contentions of the State Government that the land in question is a State Forest. For the reasons stated in the impugned order, the learned Single Judge proceeded to hold that the land in question is not State Forest. Thereafter, the learned Single Judge has also considered the alternative plea of Concord that the State Government, having issued a notification under Section 3(1) of the KIAD Act, declaring the land in question as an industrial area, the provisions of KIAD Act, which is a special enactment, shall prevail over the provisions of the Karnataka Forest Act, 1963, which is a general enactment.
28. Further, the learned Single Judge has given a categorical finding that the State Government, which is the custodian of records, has failed to place any material as to how during the year 1942-43, land measuring 170 acres 30 guntas and during the year 1949-50, an extent of 655 acres 32 guntas in Sy.No.1 of Kadugodi plantation came into the occupation of Military Department of government of India, and who erected barracks and other buildings on the land in question, much less delivery of its possession to the Commandant of Mysore Special Reserve Police. In the light of the factual matrix, the learned Single Judge proceeded to hold that KIADB has led the petitioners to believe that almost five decades ago, that they could count upon KIADB and the State Government to be reliable and responsible for the notification, following which Rs.39,27,41,625/- was received from the petitioner towards sale consideration and thereafter raising a claim that the land in question is forest land, was held to be unfair, irrational and arbitrary. It was also held that the said action and conduct was unconscionable, akin to breach of trust, which in common parlance is known as ‘misleading’.
29. The learned Additional Advocate General has repeated the very same arguments and there is nothing new to be considered. We do not find any infirmity in the order passed by the learned Single Judge. Consequently, the writ appeals filed by the State Government, in W.A.Nos.4283/2012 & 8577-78/2012, stand dismissed.
30. W.A.No.4205/2012 filed by Concord being aggrieved by the alternative plea being kept open for consideration in an appropriate case, in the facts and circumstances of the case and relief given by the learned Single Judge, we hold that it is unnecessary to go into the said question. It is also relevant to observe here that it is a well settled proposition of law that one cannot take advantage of one’s own wrong. Therefore the State Government, is precluded from claiming that the land in question is forest land, having issued notifications under the provision of KIAD Act and handing over possession to KIADB. The action initiated by the officials of the Forest Department and the State, having been held to be bad in law, W.A.No.4205/2012 is accordingly disposed of.
31. In view of dismissal of W.P.Nos.4283/2012 & 8577-78/2012, I.A.Nos.4/2012 and 1/2014 do not survive for consideration.
SD/- JUDGE SD/- JUDGE DL