Deemed forest is foreign to our law: HC

BENGALURU: Applications seeking lease for quarrying or its renewal cannot be rejected solely on the ground that the

lands

in question are categorised as deemed forests, said the high court, adding that the concept of “deemed

forest

is foreign to our law”.


A division bench headed by chief justice Abhay Shreeniwas Oka directed the authorities to reconsider the applications seeking renewal of quarrying leases submitted by Dhananjay and other petitioners.

The bench noted that whenever applications for grant or renewal of quarrying leases are made, it is the licensing authority’s duty to ascertain whether the land is covered under ‘forest’ or ‘forest land’ category as explained by the Supreme Court in its December 12, 1996 order.

The apex court had given wider definition to the word forest, saying the Forest Act must apply to all forests irrespective of the nature of ownership or classification.

The authorities had rejected the petitioners’ applications for renewing quarrying leases in Ballari and Mandya districts, citing that the lands in question fall under “deemed forest” category and the lease cannot be granted in the light of requirement under Section 2 of the Forest Conservation Act, 1980.