Meera Bhardwaj:
A 37-year-old legal battle between the Karnataka Forest Department and Kamadhenu Society over encroachment of 389.07 acres of forest land in Sirsi taluk, Uttar Kannada district, Karnataka finally comes to an end. This is a landmark victory for the Karnataka Forest Department in protecting the forests in Sirsi Sub-division in the Western Ghats that is contiguous with thick Sorab forest landscape and is a well-known pathway for traditional elephant migration.
On August 12, 2026, the Karnataka High Court dismissed the writ petition filed by the Sri Kamadhenu Cooperative Milk and Fruit Processing Society and stated that petitioners had failed to establish any subsisting legal right to remain in possession of the 389.07 acres of forest land.
The Sri Kamadhenu Cooperative Milk and Fruit Processing Society had challenged the Sirsi Sub-division ACF order and Kanara Circle CCF 64-A order on their eviction from 389.07 acres of prime forest land in Sirsi taluk, Uttar Kannada district.
Further, Justice Sachin Shankar Magadum of Karnataka High Court upheld the eviction orders passed by ACF Sirsi Sub-division and CCF Kanara Circle as per Section 64 A of the Karnataka Forest Act. Justice Magadum further stated, “Karnataka Forest Department shall, however, recover possession strictly in accordance with law and in conformity with the decree passed in O.S.No.123/1993.
LEGAL BATTLE TO RECOVER FOREST LAND
This long-running legal battle involved the Sri Kamadhenu Cooperative Milk and Fruit Processing Society over 389.07 acres of reserve forest land in the Sirsi taluk which the Karnataka Forest Department had sought to recover after the lease period had expired in December 1989.
The Appellate Authority and Chief Conservator of Forests dismissed the Kamadhenu Society’s appeal on June 9, 2026, confirming that the occupation was indeed unauthorized and illegal, thereby, had ordered an immediate vacation from the forest land.
EXPIRY OF LEASE PERIOD
It was in 1969 that the state government had leased this forest land of 389.07 acres across three villages in Sirsi taluk for a period of 30 years to Sri Kamadhenu Society. However, the lease period was reduced to 20 years in 1976, making the lease period expire in December 1989.
The enactment of the Forest (Conservation) Act in 1980 cut short their lease period as usage of forest lands for non-forest purposes was completely prohibited. Despite eviction notices and eviction orders from the Karnataka Forest Department in the aftermath of Forest (Conservation) Act, the Kamadhenu Society failed to vacate the encroached reserve forest land for nearly 37 years.
IN COLD STORAGE FOR 12 YEARS
Between 2013 and 2025, the Kamadhenu forest encroachment case was put in the cold storage for questionable reasons, however, it was revived in 2026. Added to this, Kamadhenu Society failed to pay the lease rent amount of RS 1.7 crore to the Karnataka Forest Department.
Based on the Banavasi RFO’s report on 13.01.2026, the then Sirsi Sub-division ACF S S Ningani initiated the proceedings for eviction under Sec 64A of the Karnataka Forest Act. Upholding the ACF’s order on June 9, 2026, eviction notices were served by appellate authority CCF Kanara Circle T Heeralal.
NOT AN ENFORCEABLE RIGHT
However, the Sri Kamadhenu Milk and Fruit Processing Society went to the High Court challenging their eviction by the Karnataka Forest Department. Dismissing Society’s petition, the HC Justice said, “The petitioner has remained in possession notwithstanding the expiry of the lease in 1989, rejection of its request for renewal and the subsequent direction to surrender possession.”
Long continuance in possession, by itself, cannot create an enforceable right where the original source of possession has come to an end, the High Court stressed. “More importantly, the petitioner, having itself pleaded and admitted that it was inducted into possession under a lease granted by the Government, cannot, in the absence of any declaration establishing a subsisting right in its favour, resist recovery of possession merely by raising a new plea of de-notification in these proceedings.”
TRADITIONAL ELEPHANT MIGRATION CORRIDOR
Speaking to Green Minute News, Sirsi DCF Sandip Suryawanshi said, “We will give them time to vacate the forest land in accordance with prevailing laws. There is lot of vacant forest land in their possession while a factory and other structures need to be demolished. Whether the Society will demolish all these structures and hand over the forest land to us, we will give them time. This is a very important forest landscape and is a corridor for traditional elephant migration.”
It may be recollected that the erstwhile Veerendra Patil govt in Karnataka had leased the reserve forest land (which has a variety of rich floral and faunal species and sees lot of wildlife movement) to the Kamadhenu Society in 1969. This leased semi-deciduous forest land located between Sirsi and Banavasi in Uttar Kannada district is contiguous with dense forests towards Sorab in Shivamogga district and is a routine migratory path for elephants and other wildlife.