- 1 - NC: 2025:KHC:14588-DB WP No. 24818 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 24818 OF 2024 (GM-FOR-PIL) BETWEEN: 1. ARANYA PARISARA MATHU HAVAMANA BADALAVANE SANGHA HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, NEST, M.R. BHAT LANE, MORGANS GATE MANGALORE - 575 001 REPRESENTED BY ITS SECRETARY, MR. BENEDICT C. FERNANDES S/O. LATE RAYMOND FERNANDES R/AT 25-21-1320/3 AT FERNS VILLA BAPPAL, 1ST CROSS, MAJILA, KANKANADY MANGALORE - 575 002. …PETITIONER (BY SRI ASHWIN JOYSTON KUTINHA, ADVOCATE FOR SRI RENSPRE PRITHESH D'SOUZA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:14588-DB WP No. 24818 of 2024 2. THE STATE OF KARNATAKA FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT ROOM NO.448, 4TH FLOOR, GATE NO.2, M.S. BUILDING, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY (FORESTS). 3. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS FOREST DIVISION AND NODAL OFFICER GOVERNMENT OF KARNATAKA, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM BENGALURU - 560 003. …RESPONDENTS (BY SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT No.1 TO TAKE SUITABLE ACTION PURSUANT TO THE REPRESENTATIONS MADE BY THE PETITIONER DATED 18.06.2024 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:14588-DB WP No. 24818 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mrs. Ashwin Joyston Kulinha for learned advocate Mr. Renspre Prithesh D'Souza for the petitioner and learned Additional Government Advocate Smt. Niloufer Akbar for the respondent-State and its authorities. 2. The prayer in this petition, which is filed in the nature of public interest litigation, is to direct respondent No.1-the State of Karnataka to decide the representation of the petitioner dated 18.06.2024. The said representation makes a request to the authorities for establishment of Tree Authority in accordance with Section 3 of the Karnataka Preservation of Trees Act, 1976. The Act was published in the Gazette on 04.12.1976 which has an object of increasing the forest cover in urban and rural areas especially in the areas of local bodies like Corporations, Municipalities, Town Panchayats and Taluka Panchayats. - 4 - NC: 2025:KHC:14588-DB WP No. 24818 of 2024 3. The petitioner has stated that Section 3 of the Act of 1976 deals with the establishment of Tree Authority requiring the State Government to establish a Tree Authority by way of notification in every urban and rural areas. The duties of the Tree Authority are mentioned in Section 7 of the Act of 1976. The petitioner stated that as per the information received under the Right to Information Act, 2005, the Tree Authorities are not appointed except for the city of Mangaluru and that, in other Municipalities, Town Panchayats and Taluka Panchayats, Tree Authority is not appointed and not functional. It is the grievance that the Tree Authority of Mangaluru has not been conducting quarterly meetings as required under law. 3.1 In other words, the grievance of the petitioner is that despite the provisions of the said Act mandate for having regulatory authority for preservation and sustainability of green cover in rural and urban areas in the State, the same has not been enforced which has resulted in depletion of green cover and ecological sustainability in the State. The petitioner has, therefore, requested the respondents to take immediate action by issuing notifications for appointing the Tree Authority in all Municipal Corporations, - 5 - NC: 2025:KHC:14588-DB WP No. 24818 of 2024 Municipality, Town Panchayats and Taluka Panchayats in the State as required under Section 3 of the Act of 1976. 4. In course of the hearing of the petition, learned Additional Government Advocate filed the memo dated 03.04.2025 along with the following documents, which are taken on record, "1. Letter dated 02.04.2025 by the Addl. Principal Chief Conservator of Forest (Forest Resource Management) Bengaluru requesting this Hon'ble Court five months time to complete the process of notifying Tree authorities for all Urban and Rural Areas in the State. 2. Notification dated 12.01.2018 bearing No.FEE 174 FAF 2016 Constituting the Tree Authority and as referred to in the Letter dated 02.04.2025. 3. Letter dated 21.12.2024 calling upon all Chief Conservators of Forest/Deputy Conservator of Forest to prepare a list of nominations for appointment of Tree Authorities." 4.1 The above documents include the letter from the office of the Additional Principal Chief Conservator of Forests dated 02.04.2025 addressed to learned Additional Government Advocate, in which a note regarding the Tree Authority, Mangaluru is given which shows that the Government of Karnataka has notified the Tree Authority on 12.01.2018 after undertaking necessary process as per the provisions of the Act of 1976. - 6 - NC: 2025:KHC:14588-DB WP No. 24818 of 2024 4.2 Furthermore, the copy of the notification dated 12.01.2018 is produced which shows that the Tree Authorities are constituted and their Chairman and Members are specified in relation to Uttara Kannada District, Chikkamagaluru District, Chamarajanagar District, Shivamogga District, Udupi District, Belagavi District and Mangaluru District. It was stated that wherever the Tree Authorities are not constituted, they shall be nominated, constituted and appointed within six months from today. 5. In view of the above, no further consideration would survive in the present petition. The public interest litigation is disposed of taking note of the above stand of the State Government and directing the State and its authorities that the legal mandate for appointment of Tree Authorities under the Karnataka Preservation of Trees Act, 1976 is obeyed and it is ensured that the Tree Authorities so appointed discharge their duties diligently. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE KPS, List No.: 1 Sl No.: 71