- 1 - HC-KAR NC: 2025:KHC:49102-DB WP No. 33681 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 33681 OF 2025 (GM-FOR) BETWEEN: SFECC TRUST HAVING ITS REGISTERED OFFICE AT OFFICE : 6-2-35/7, KODIALBAIL A GANDHINAGARA RESIDENTIAL CROSS ROAD, 2, POONAM ANAND NIKETHAN, GANDHINAGAR CROSS ROAD, MANNAGUDDA ROAD MANGALORE 575003 PAN ABKTS5864M EMAIL sfeccoffice@gmail.com REPRESENTED BY ITS AUTHORISED REPRESENTATIVE AND PRESIDENT MRS. HARINI, AGED 60 YEARS, R/AT 3-142-27, SANTHOSH NAGAR, OPPOSITE ST. JOSEPH ENGINEERING COLLEGE, VAMANJOOR, PACHANADY, MANGALORE- 575 028 AADHAR No. 965094513969 MOBILE: 9480515446 …PETITIONER (BY SRI. ASHWIN JOYSTON KATI, ADVOCATE FOR SRI. RENSPRE PRITHESH D'SOUZA, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49102-DB WP No. 33681 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BANGALORE 560 001. 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 560003 4. THE DEPUTY CONSERVATOR OF FORESTS, MANGALURU DIVISION, GROUND FLOOR, PWD BUILDING, NEAR NEHRU MAIDAN, ATTAVAR, MANGALURU - 575 001 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER, OR DIRECTION, SETTING ASIDE THE IMPUGNED NOTICE DATED 21.10.2025 BEARING REFERENCE - 3 - HC-KAR NC: 2025:KHC:49102-DB WP No. 33681 of 2025 No.DIPR/DK/KSMCA/965/25-26 ARISING OUT OF PROCEEDINGS IN ¸ÀA: ªÀÄgÀªÀÄlÄÖ: «ªÀ: 11 : ¸Ààgï gÀ¸ÉÛ CUÀ°ÃPÀgÀt/2025- 26 SCHEDULING REPAIR: VIVA: 11: SPAR ROAD WIDENING/2025-26 PUBLIC HEARING FOR FELLING OF 628 TREES ON 10.11.2025 VIDE ANNEXURE-J AND ETC. 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 MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a public interest litigation, inter alia, impugning a notice dated 21.10.2025, which was published by the Tree Officer, whereby the Deputy Conservator of Forests setting out the number of trees are to be felled for road widening of the new star road of National Highway - 73 Chainage No.: 0.00 Ujire to km 6.40. The notice indicates that 222 number of trees to be felled are in non-forest government land in Belthangady Zone, and are obstructing the road widening process upto Dharamstala; and 406 number of trees are identified in non-forest land from Parshikallu to Periyashanti in Uppinangady - 4 - HC-KAR NC: 2025:KHC:49102-DB WP No. 33681 of 2025 zone. Thus, 628 (six hundred and twenty eight) number of trees are proposed to be felled for widening the road in question. 2. It is stated that a public hearing was scheduled on 10.11.2025 at 11:00 a.m., and if there are any objections for cutting of the Sadri trees, the objectors could attend the meeting in person and submit their objections or submit their objections in writing at the given address. 3. The petitioner submits that the said notice is inadequate as it does not contain the specific details of the trees to be cut, in the sense, it does not provide the girth or the height of the trees or the precise location of the particular trees proposed to be cut down. It is submitted that there is no sketch annexed to the notice, which would indicate location of the trees. Additionally, it is submitted that no other condition has been imposed for planting new trees after ascertaining the number of trees that are required to be planted to maintain the environment of the area. 4. Learned Additional Government Advocate submits that the said notice has been withdrawn and therefore, the petitioner's grievance with regard to the said notice does not survive. - 5 - HC-KAR NC: 2025:KHC:49102-DB WP No. 33681 of 2025 5. We note that in terms of Section 8(3)(vii) of the Karnataka Preservation of Trees Act, 1976, where an application is made for felling more than 50 trees that are necessitated for public purpose like road widening, construction of road, canal, tanks, buildings etc., the Tree Officer may, after inspecting the trees and holding such enquiry as he deems necessary, grant permission in part or refuse permission. Additionally, the said permission is required to be issued only after issuance of a public notice inviting objections and after considering the same. 6. Sub-Section (3) of Section 8 of the said Act, is reproduced below: (3) On receipt of the application, the Tree Officer may, after inspecting the tree and holding such inquiry as he deems necessary, either grant permission in whole or in part or refuse permission: Provided that permission shall not be refused, if the tree,- (i) is dead, diseased or wind-fallen; or (ii) has silviculturally matured; or (iii) constitutes a danger to life or property; or (iv) constitutes obstruction to traffic; or - 6 - HC-KAR NC: 2025:KHC:49102-DB WP No. 33681 of 2025 (v) is substantially damaged or destroyed by fire, lightning, rain or other natural causes; or (vi) is required to be removed either for cultivation, extension of cultivation or change in crop cultivation in areas specified in Schedule II, (except where such removal does not involve felling of all trees in the areas proposed for cultivation, extension of cultivation or change in crop cultivation) or for the bonafide use of the applicant. (vii) felling is more than 50 that are necessitated for any public purpose like road widening, construction of road, canal, tanks, buildings etc., subject to condition that permission is issued after issue of public notice to invite objections from the public and the same is considered by the Tree Officer. 7. Thus, in the event, the application for felling the trees is revived and the Tree Officer proposes to grant such permission, he shall do so only after complying with the provisions of Sub-Section (3) of Section 8 of the said Act. 8. Needless to mention, the Tree Officer shall also consider whether such permission is required to be granted subject to the condition of planting additional trees as are necessary to preserve the environment. - 7 - HC-KAR NC: 2025:KHC:49102-DB WP No. 33681 of 2025 9. The petition is disposed of with the aforesaid observations. 10. Pending applications, if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 2 Sl No.: 7