S. B. GANESH v. TREE OFFICERICONSERV ATOR OF FOREST, MADIKERI SUB-DIVISION, MADIKERI
2007-01-17
H.BILLAPPA, V.GOPALA GOWDA
body2007
DigiLaw.ai
JUDGMENT This appeal is directed against the order dated 2-9-2005 (S.B. Ganesh v Tree Officer I Conservator of Forests, Madikeri Sub-Division, Madikeri and Others 1) passed by the learned Single Judge dismissing the writ petition. 2. The appellant applied for grant of permission to fell trees in his lands. The Deputy Conservator of Forest, Madikeri, by his order dated 26-3-2003 rejected the request. In the appeal filed against the said order, the Tree Authority has affirmed the order. The writ petition filed challenging these two orders is rejected by the learned Single Judge. 3. The contention urged is that the Appellate Authority consists of Chairman, two officials and two non-official members. All of them must take a decision in the -matter. But the members gave the responsibility to the Chairman alone to decide the appeal on merits. Hence, the order passed by the Appellate Authority is vitiated in law. Therefore, Mr. Madhusudan R. Naik, learned Counsel for the appellant prays to set aside the order of learned Single Judge and to remand the matter to the Appellate Authority for reconsideration. 4. Even though the contention urged is legally correct, we decline to grant relief to the appellant or to remand the matter as the learned Single Judge considered the matter on merits. The object of Section 4 of the Karnataka Preservation of Trees Act, 1976 has been considered. According to it, the object of the said Act is to maintain the ecology. Section 8 of the Act provides for granting permission for felling trees with restrictions. Permission can be granted either for bona fide use of the owner of the land or for extension of cultivation or change in cultivation. 5. The appellant is seeking permission to fell the trees for formation of residential layout. The learned Single Judge held that there is no provision for granting permission for such purpose and rightly dismissed the writ petition. We cannot find fault with the same. It makes no difference whether the Chairman alone decided the appeal or the Members also joined the issue. Ai?, long as the permission sought for by the appellant cannot be granted, no purpose will be served by remanding the matter to the Appellate Authority. The appeal is devoid of merit and liable to be dismissed. 6. The appeal is disposed of.