- 1 - HC-KAR 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) 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 - 2 - HC-KAR CNR: KAHC010749772024 NC: 2026:KHC:46459-DB WP No. 35555 of 2024 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, - 3 - HC-KAR CNR: KAHC010749772024 NC: 2026:KHC:46459-DB WP No. 35555 of 2024 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 - 4 - HC-KAR CNR: KAHC010749772024 NC: 2026:KHC:46459-DB WP No. 35555 of 2024 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 - 5 - HC-KAR CNR: KAHC010749772024 NC: 2026:KHC:46459-DB WP No. 35555 of 2024 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 - 6 - HC-KAR CNR: KAHC010749772024 NC: 2026:KHC:46459-DB WP No. 35555 of 2024 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. - 7 - HC-KAR CNR: KAHC010749772024 NC: 2026:KHC:46459-DB WP No. 35555 of 2024 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