Meera Bhardwaj:
The Karnataka High Court has directed the forest department to take back the encroached forest land from Whistling Woodzs Resort, Ganeshgudi, Uttar Kannada district. Further, the High Court has asked them to build a fence all along the private and forest land to stop encroachments by private land owners. Years of litigation between Kanara Circle, Karnataka Forest Department and the Whistling Woodzs Resort finally led to this order of catching land grabbers.
Meanwhile, Forest & Environment Minister Eshwar Khandre told Green Minute all the directions given by the High Court will be followed with commencement of fencing work from Tuesday.
Speaking to Green Minute, the Forest Minister said the encroached forest land will be taken back soon and for that necessary action has been initiated. He added, “All orders of the High Court will be followed to the teeth. Further, a fence will be constructed all along the boundary of Whistling Woodzs Resort and forest land. With all materials procured, fencing work will start from today.”
HIGH COURT DIRECTIONS
On 20th February, 2025, the Dharwad bench of Karnataka High Court directed the Karnataka Forest Department (KFD) to construct a fence along the Whistling Woodzs Resort property abutting the Kali Riverbank.
The High Court also directed that the works should be completed expeditiously within 30 days but providing appropriate access to the resort and if necessary, through a gate.
The order stated, “The resort owner is permitted to remove the temporary structures simultaneously with the fence construction, and if it is not removed, the forest department shall remove it. But the petitioner cannot put up any construction beyond the boundary line that is marked as there must be the requisite buffer. The resort owner must ensure that there is no further construction beyond such line.”
VACATE FOREST LAND
On 4th September, 2024, the Dharwad bench had directed Smitha Jadhav, the petitioner and owner of Whistling Woodzs Resort to vacate the encroached forest land voluntarily at her cost and if not vacated, it directed the Karnataka Forest Department to clear the forest encroachment and submit a report to the court within two months that is 3rd November, 2024.
Earlier, CCF, Kanara Circle, Uttar Kannada district had issued a circular on 21/24 April, 2018 cancelling the permission/ license to run the Whistling Woodz Resort in Survey No: 12A at Bandgund village, Ganeshgudi, Joida taluk, Uttar Kannada district, Karnataka. The owner of the resort had got an interim stay from the High Court on 26 April, 2018.
FILING OF WRIT PETITION
The Whistling Woodz Resort is owned and run by Smitha Jadhav, wife of Vinayak Jadhav, a politically influential civil contractor. She filed a writ petition appealing to quash the circular issued by the CCF. About 7.7 acres was purchased in 2012 and consequently, the purchaser applied for a portion of land for conversion to non-agricultural Industrial (hospitality) purpose.
VIOLATIONS GALORE
However, KFD said she suppressed the facts and the petition should be dismissed on these grounds that only 4.36 acres was converted for non-agricultural industrial purpose and not the entire lot of 7.7 acres (7.11.2013).
Therefore, the CCF, Canara Circle gave permission to build the resort in an area of 4.36 acres only. A condition was imposed on the petitioner that any changes in the blueprint, approval must be taken from the District Level Project Approval Committee which was not taken.
PREMISES RAIDED
In the aftermath of a series of violations, the premises of the Whistling Woodz Resort was raided on 23/1/2018 based on credible information. The RFO, Dandeli in fact, found three HP saw mill machines, teak wood and Sheesham wood logs stacked in the resort.
Apart from this, petitioner had encroached upon 2.20 acres of forest land in Survey No: 7 and illegally destroyed trees and forest plants and also illegally built a swimming pool in the resort. Also, the forest boundary stone was removed and placed elsewhere.
SHOW CAUSE NOTICE & JOINT SURVEY
The petitioner had encroached 2.20 acres of forest land, so, a case was registered against Smitha Jadhav and a show cause notice was issued to her on 19/20-3-2018 for the cancellation of the project approval order due to many violations. Further, a joint survey done between 7-14 June, 2018 revealed, “She had not only encroached forest land but also committed many violations.”
She had used the non-converted area and also encroached the Kali River Bed area. She had failed to return the encroached forest land to the KFD, thereby, violating the interim order of the High Court. Therefore, a FIR was registered against her.
CLAIMS AND VIOLATIONS
Meanwhile, the petitioner claimed in the High Court that any forest land encroached by her will be vacated by her. But, the KFD stated in the High Court that the petitioner had indulged in illegal non-forest activity in a reserve forest area.
Smitha Jadhav had purchased 7.7 acres of land in Survey No:12 which is now numbered as 12A while the remaining 3.12 acres numbered as 12B belongs to the KPCL. As per revenue records, the area (of 10.19 acres) in Survey No: 12 is adjacent to reserve forest land that is situated in Survey No: 7.
IDENTIFY ENCROACHED FOREST LAND
Hence, the High Court concluded that the Joint Survey needs to continue to identify the encroached forest area which is earmarked by boundary stones, thereafter, the petitioner will peacefully vacate the encroached area as per her undertaking in the court.
The Karnataka High Court (Writ Petition No. 103168/2018) made it clear that the Whistling Woodz Resort will only run within the boundaries of Survey No: 12A/1 that is 4.36 acres since the conversion order was passed only to this extent.
EXTENT OF ENCROACHMENT
The High Court order stated that the encroached area of forest land amounts to 1.14 acres wherein a compound wall, roads, two cottages of the resort, one generator shed and one security room was built.
It was also established 19.3 guntas of Kali Riverbed area was encroached and so also forest land encroachment by RTC holder in Survey No: 12A/1 which measures to about 1.14 acres.
The area of encroachment in S No: 12A is 6.8 guntas which now has flower plants and garden. Further, another 8.5 guntas has been encroached which has coconut trees and water pipelines. Added to this, another 19.10 guntas has been encroached for building the adventure parts.
NO WITHDRAWAL OF PERMISSION
It was clarified in the High Court that the petitioner had made an encroachment of 1.14 acres of forest land and she had utilized this for building cottages and other utilities.
However, the High Court contended that permission cannot be withdrawn to run the Whistling Woodzs Resort within the present premises which is owned by the petitioner.