Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 21068 (KAR)

M/S SUZLON ENERGY LIMITED v. THE STATE OF KARNATAKA

WP/26862/2025 · 2026-06-10

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:28131 WP No. 26862 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26862 OF 2025 (GM-FOR) BETWEEN: 1. M/S SUZLON ENERGY LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: SUZLON 5TH FLOOR, GODREJ ETERNIA-A OLD PUNE-MUMBAI ROAD, SHIVAJINAGAR, PUNE - 411 005, MAHARASHTRA. REPRESENTED HEREIN BY ITS AUTHORIZED SIGNATORY AND LEAD - LEGAL MR. VINAY KUMAR … PETITIONER (BY SRI. ARUN KUMAR K., SENIOR ADVOCATE FOR SRI SUNDARA RAMAN M V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED HEREIN BY THE PRINCIPAL SECRETARY - FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT, ROOM NO. 448, 4TH FLOOR, GATE NO. 2, M. S. BUILDING, BENGALURU-560 001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KARNATAKA FOREST DEPARTMENT, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28131 WP No. 26862 of 2025 BENGALURU - 560 003. 3. THE DEPUTY DIRECTOR GENERAL OF FORESTS, MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE, REGIONAL OFFICE (SOUTH ZONE), KENDRIYA SADAN, 4TH FLOOR, E F WINGS, 17TH MAIN ROAD, KORAMANGALA, BENGALURU - 560 034 … RESPONDENTS (BY SRI. SHAMANTH NAI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER AND TAKE EXPEDITIOUS ACTION ON THE DEVIATION REGULARIZATION REPRESENTATIONS/PROPOSALS MADE BY THE PETITIONER 24.07.2023 AT ANNEXURE-F (AND THEREAFTER REMINDED BY WAY OF ANNEXURE-L SERIES ON 27.06.2025) AND TO ALLOW THE SAME IN ACCORDANCE WITH THE GUIDELINES ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (MOEF), GOVERNMENT OF INDIA, DATED 29.01.2018 AND ETC. THIS PETITION, COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: (i) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent Authorities to consider and take expeditious action on the deviation regularization representations/proposals made by the Petitioner 24.07.2023 at Annexure-F (and thereafter reminded by way of Annexure-L series on - 3 - HC-KAR NC: 2026:KHC:28131 WP No. 26862 of 2025 27.06.2025) and to allow the same in accordance with the Guidelines issued by the Ministry of Environment, Forest and Climate Change (MoEF), Government of India, dated 29.01.2018 vide Annexure-H; (ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent Authorities to process and execute the pending Lease Transfer applications in favour of the Petitioner's customers, as was represented once again on 27.06.2025 (Annexure-L) with respect to the forest land leased to the Petitioner in a timebound manner; (iii) Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioner is engaged in the business of establishment of Wind Energy Generators/Wind Turbines across the State of Karnataka. Many of these being established in forest areas. Initial permission is obtained from the Forest Department. In respect of three of the projects set up by the petitioner, there are certain deviations from the land demarcated by the Forest Department. 3. It is in that background, the petitioner had submitted the representations dated 24.07.2023 at Annexure-F and 27.06.2025 at Annexure-L for the request of the - 4 - HC-KAR NC: 2026:KHC:28131 WP No. 26862 of 2025 petitioner to be considered in terms of guidelines issued by the Ministry of Environment, Forest and Climate Change, Government of India dated 29.01.2018 at Annexure-H. The said representations not having been considered, the petitioner is before this Court seeking for the aforesaid reliefs. 4. Whenever any representation is submitted by a citizen or a Company operating in the jurisdiction of a particular Authority, it is required for the Authority to consider the same and pass necessary orders within a reasonable period of time, either accepts or rejects the request made. 5. In the present matter, the representations have been submitted on 24.07.2023 and 27.06.2025. No orders have been passed by the respondents till date, either accepting or rejecting the request made by the Petitioner. As such, this Court passes the following: ORDER i) Writ petition is allowed. - 5 - HC-KAR NC: 2026:KHC:28131 WP No. 26862 of 2025 ii) Respondents are directed to consider the representations dated 24.07.2023 at Annexure-F and 27.06.2025 at Annexure-L and pass necessary orders within a period of eight (8) weeks from the date of receipt of a copy of this order. iii) It is made clear that this Court has not expressed any opinion on the merits of the matter. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 36