Karnataka High Court
WP/35555/2024 of M/S. CHALLAKERE STONE CRUSHERS Vs UNION OF INDIA on 28 August 2026
CNR: KAHC010749772024 NC: 2026:KHC:46459-DB WP No. 35555 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.35555 OF 2024 (GM-FOR)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.35555 OF 2024 (GM-FOR)
BETWEEN:
M/S. CHALLAKERE STONE CRUSHERS
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
ABDUL KAREEM, PARTNER,
AGED ABOUT 56 YEARS,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT- 577 522
REGARDING UNDER PARTNERSHIP ACT.
…PETITIONER
(BY SRI. H.R. NARAYANA RAO, ADVOCATE FOR
SRI. RAJESWARA P.N., ADVOCATE)
AND:
1.
UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE,
PARYAVARAN BHAVAN,
NEW DELHI-110 030.
2.
STATE OF KARNATAKA
REPRESENTED BY SECRETARY,
DEPARTMENT OF FOREST,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
3.
THE DEPUTY GENERAL OF FORESTS (CENTRAL)
INTEGRATED REGIONAL OFFICE,
KENDRIYA SADANA, 4TH FLOOR,
E & F WINGS, 17TH MAIN,
KORMANGALA, BENGALURU-560 034.
4.
ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF FOREST,
ECOLOGY AND ENVIRONMENT DEPARTMENT,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
5.
ASSISTANT COMMISSION (FORESTRY),
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY,
INDIRA PARYAVARAN BHAWAN,
JOR BAGH ROAD, ALIGANJ,
NEW DELHI - 110 003.
6.
DEPUTY DIRECTOR GENERAL FOREST (CENTRAL)
INTEGRATED REGIONAL OFFICE,
KENDRIYA SADANA, 4TH FLOOR,
E & P WINGS, 17TH MAIN,
KORAMANGALA,
BENGALURU-560 034.
7.
THE CHIEF CONSERVATOR OF FOREST,
NEAR MOTI CIRCLE, BALLARI CIRCLE,
BALLARI-583 101.
8.
THE PRINCIPAL CHIEF CONSERVATOR OF
FORESTS (FOREST CONSERVATION)
ARANYA BHAVANA,
MALLESHWARAM,
BENGALURU-560 003.
9.
THE DEPUTY CONSERVATOR OF FORESTS,
CHITRADURGA DIVISION,
CHITRADURGA- 577 501.
10. ASSISTANT CONSERVATOR OF FOREST
HIRIYUR SUB DIVISION, HIRIYUR,
HC-KAR
CHITRADURGA DISTRICT- 577 598.
11. RANGE FOREST OFFICER
CHALLAKERE RANGE
CHALLAKERE TALUK,
CHITRADURGA DISTRICT-577522.
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.R-2, R-4, R-7 TO R-11; SRI. AJAY PRABHU, CGC FOR R-1, R-3, R-5 AND R-6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE LETTER
BEARING NO.F.NO.7-5/2024-ROHQ DATED 07.10.2024 BY ISSUING
A WRIT OF CERTIORARI AT ANNEXURE-B; PASS APPROPRIATE
ORDERS OR DIRECTIONS TO THE RESPONDENT AUTHORITIES
CONCERNED
TO
CONSIDER
THE
PETITIONER'S
REPRESENTATIONS
DATED
09.09.2024
AND
15.11.2024
AT
ANNEXURE-C AND D IN ACCORDANCE WITH LAW, IN THE
INTEREST OF JUSTICE AND EQUITY SO AS TO ACCESS THE
PROPERTY OF THE PETITIONER IN SY.NO.260 AND 260/1 IN
RESPECT OF 0.513 HA OF LAND MEASURING 9 METERS WIDTH
AND 570 METERS LENGTH IN SY.NO.262 OF CHALLAKERE
VILLAGE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
HC-KAR
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition, inter alia, impugning the Communication dated 07.10.2024 issued by the Assistant Commissioner (Forestry), Ministry of Environment, Forests and Climate Change, Government of India, rejecting the proposal for diversion of 0.513 hectares of forest land for construction of connectivity road passing through the forest land in Sy. No.262, situated at Challakere Village and Taluk, Kasaba Hobli, Chitradurga District.
2. The petitioner has established a stone crushing unit in Survey Nos.260 and 261/2, Bandehatti, Challakere Taluk, Chitradurga District. The petitioner was granted a licence for the stone crushing unit in the year 2015 and is continuing to operate the said unit. The petitioner claims that its land is landlocked and there is no access to the same. The petitioner claims that he has been using the neighbouring agricultural lands as an access road for transporting material from its unit. In the aforesaid context, the petitioner sought diversion of forest land measuring 0.513 hectares
HC-KAR
for construction of a road to provide access to its unit. The said proposal was rejected by the Central Government by the impugned letter dated 07.10.2024 on the ground that diversion of the forest land would involve the felling of 133 trees.
3. In the aforesaid context, the petitioner has also sought a direction to the concerned authorities to consider its representations dated 09.09.2024 and 15.11.2024.
4. During the course of the proceedings, the learned counsel for the petitioner has also handed over a letter dated 14.05.2026 issued by the Deputy Conservator of Forests, Chitradurga Division to the Chief Conservator of Forests, Ballari Circle, Ballari, recommending that the petitioner's proposal for conversion of 0.513 hectares of forest land be accepted.
5. He also handed over a letter dated 19.06.2026 from the Chief Secretary (Additional), Forest, Ecology and Environment Department, Bengaluru rejecting the said recommendation on the ground that an access road already exists. This is also the reason
HC-KAR
set out in the communication dated 07.10.2024 for rejecting the petitioner's proposal.
6. We note that the petitioner had sought diversion of forest land essentially on the ground that it has been operating the crushing unit since 2015. Undisputedly, the petitioner has been able to access its land, albeit by securing access through the neighbouring farmland. Undisputedly, the petitioner has been able to secure some access to its land.
7. We also note that, there was no issue raised by the petitioner regarding the subject land being landlocked at the time of seeking the license for establishing a stone crushing unit. Clearly, the fact that the land would have no access or access to the land would require diversion of forest land, would be a relevant factor to be considered while granting such licence.
8. The petitioner, having secured the licence without insisting on any diversion of forest land, cannot, at this stage, after more than a decade, seek diversion of forest land for the same purpose.
HC-KAR
9. In this view, we are not persuaded to set aside the Communication dated 07.10.2024 or to issue any direction compelling the Central Government to grant its concurrence for the diversion of forest land, particularly when such diversion, as stated above, would entail the felling of over 133 trees. The petition is, accordingly, dismissed.
10. Needless to state, this order would not preclude the concerned authorities from reconsidering the petitioner's representation, if they so consider it apposite.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 6