EnvironmentFlora and FaunaPolicy Matters

WHAT IS THE USE OF “COMPENSATORY AFFORESTATION” IF TREES ARE FELLED HERE TOO?

Meera Bhardwaj:

Compensatory Afforestation (CA) lands too are forest lands and any tree felling activity in these lands will attract the provisions of forest conservation rules as it is an illegal act of felling. Last month, hundreds of trees were felled in Compensatory Afforestation land, Sagar taluk of Shivamogga district with the concerned forest officials failing to take any action against the offenders.

In fact, in a significant observation dated 21.04.2026, Karnataka High Court Chief Justice Vibhu Bakhru and Justice C.M. Poonacha in Writ Petitions 35420/2024 and 35424/2024 had stated,“Once a parcel of land has been identified and utilized for afforestation purpose by the Forest Department, it acquires the legal character of a “Forest Land.”

In the background of High Court directions, prima facie, it appears that the place where the said forest offence occurred in Sagar taluk is indeed a forest land, not outside the forest. In view of this, the Karnataka Forest Department (KFD) suspended the Sagar Range Forest Officer on May 11, 2026 citing dereliction of duty.

Further, KFD probe revealed 124 old Acacia hybrid (used in paper & pulp industry) and Acacia mangium (used in timber industry) and other forest tree species were felled in Compensatory Afforestation (CA) land, falling in Survey No:43, Mallava village, Kasaba hobli, Sagar taluk, Shivamogga district. Since, the 124 trees were felled in the KFD’s Compensatory Afforestation lands – Nadutepu, Soppinabetta, and Section-4 notified land, the concerned forest official is liable for suitable legal disciplinary action. 

PICTORIAL COMPLAINT

On 06.05.2026, a pictorial complaint was received by the then Forest Minister Eshwar Khandre alleging that in Survey No. 43 of Mallava village, Sagar taluk, illegal roads were built by felling hundreds of trees within the Karnataka Forest Department’s Compensatory Afforestation (CA) land. In view of the serious allegations, Eshwar Khandre instituted a probe by the KFD and cited all violations and rulings of the High Court.

The CA land was located at Nadutepu, Soppinabetta and Section-4 notified land. The complainant also alleged that hundreds of Acacias and other forest trees planted by the KFD were illegally felled and removed by the civil contractors. In this background, a preliminary investigation was done by forest officials.

PRELIMINARY INVESTIGATION REPORT

The findings of the Preliminary Investigation Report revealed, “As per revenue records, Survey No: 43 has a total area of 30.03 acres, of which 5 Acres is Karnataka Forest Department land and 25.03 Acres is Soppinabetta land.  Adjacent to S No: 43, there are holdings under various survey numbers in which arecanut plantations are there. Opposite these holdings, in Survey No:43, there is an old CA plantation of Acacia Hybrid and Acacia Mangium trees raised earlier. The trees were planted at the time of raising the plantation.” 

During spot inspection, a total of 124 stumps were found in three places where trees were cut, and the departmental seal KNFD G 2 EE was stamped on the stumps.  Comparing the stumps cut at the spot with the seized produce, it is estimated that forest produce worth about one lorry load may have been transported.  It is reported that parts of the cut area fall partly within the holder’s land & government Soppinabetta land.

FOREST OFFENCE CASE

According to PCCF, the findings revealed the lodging of a Forest Offence Case dated 07.05.2026 against a total of 8 accused, including 6 holders and 2 log contractors. Further, Acacia logs and firewood were seized and transported to the Government Timber Depot, Sagar.  In Survey No: 43, earlier Acacia saplings were planted, using the land for CA. But trees grown in the CA had been felled. On May 6/7/8th, the Sagar RFO seized both Acacia logs and Acacia firewood of varying volumes.

So far, a total of Acacia logs 71=12.047 cubic meters and 36.00 cubic meters of firewood have been seized.  From the 124 stumps cut at the spot, the quantity of forest produce that could be obtained is more than the total produce seized, and it was also found that forest produce of about one lorry load had been transported. 

 FOREST DEPARTMENT’S ORDER

As per the then Forest Minister Eshwar Khandre’s notes on violations committed and flouting of forest rules and the points raised in the Preliminary Investigation Report of the Conservator of Forests, and Forest Flying Squad, Shivamogga, it appeared that Annappa B, RFO, Sagar Range failed to prevent this illegal felling act, thereby, showing dereliction of duty. 

Karnataka PCCF and Head of Forest Force, Meenakshi Negi states in her order dated May 11, 2026, “The RFO, Sagar Range has prima facie committed an inexcusable offence by illegally/unauthorizedly cutting and transporting old Acacia Hybrid and Acacia Mangium and other forest tree species planted earlier in Survey No. 43 of Mallava Village, Sagar Taluk, Shivamogga District.”

FILING OF FIR ON MAY 7

Although an FIR was registered on May 7, 2026 regarding this case, it was recorded as though forest offence took place outside the forest, and Sections 24 and 33 of the Karnataka Forest Act, 1963 were invoked. As per the complainant, the FIR appeared to be malicious and favoured the accused. Further, the satellite images in the registered complaint clearly showed illegal road construction using heavy machinery and cutting of hundreds of Acacias and other trees on the CA land.

Further, in Survey No: 43 of Mallava village, 25.03 acres is recorded as Soppinabetta while five (5) acres is listed as Karnataka Forest Department land. In Column 11 of the Pahani (a vital legal land document), it is clearly stated that village residents are entitled to cut Soppu (green leafy vegetable). However, since no one has rights over Survey No: 43, no permission is granted to fell trees.

SIGNIFICANT ORDERS ON FOREST LANDS

As per Karnataka GO dated 11.02.2010, it is clearly stated, “In view of the provisions of Section 79 of the Karnataka Land Revenue Act, 1964 and a ruling by Karnataka High Court in 1971 which specifically held that Kan, Bena, Betta, Soppinabetta, Jamma Bane, and Jamma Malai are all Forest lands.” 

Apart from this, in a significant observation, dated 21.04.2026, Karnataka High Court has stated, “As per Forest (Conservation) Act, 1980, once a parcel of land has been identified and utilized for afforestation purposes by the Forest Department, it acquires the legal character of forest land.” 

Both “Nadutepu and Soppinabetta” which are forest lands, there are thousands of trees, and not just grass and twigs. Violating all norms and rulings, roads were illegally constructed using machinery and trees were felled. Then 15-20 lorry loads of trees were removed in rows. In view of illegal tree felling and illegal transportation of logs, it indicates that forest officers are directly involved in such illegal acts. Therefore, instructions were given to immediately suspend the Sagar range forest officer.

(PHOTO CREDIT: ALL PHOTOS FROM KARNATAKA FOREST DEPARTMENT)