A flurry of cases, a series of inter-departmental letters, attempts at removal of encroachments and mass tree plantations — all aimed at reviving Machohalli Reserve forest — have come to a dramatic halt after the cabinet decided to hand over a large portion to caste-based socio-religious organisations.
The cabinet meet on Monday delivered a death blow to the Forest Department’s attempts to preserve the 96.3-acre patch of forest with 78 acres allotted to 36 organisations, representing various socio-economically backward communities.
“This is a black day for us. It has set a bad precedent wherein any of the 58 forest blocks in and around Bengaluru can be allotted through cabinet decisions,” said a forest officer.
The Revenue Department is staking a claim to much of the 36,000 acres of forest, including Kadugodi and Jakkur plantations, in the vicinity of Bengaluru.
The issue
In 1896, 146 acres in Machohalli were declared as forest land. But in 1964, the area — as was the trend at that time — was allocated for non-forest purposes. Machohalli was given to a Trust running an orphanage. In 2009, the Revenue Department took over the land citing ‘violation’ of certain ‘conditions’, including protection of sandalwood trees in the patch.
In 2015, the Chief Minister’s Office directed allocating this land to religious organisations setting off a tussle between Revenue and Forest departments.
The Forest Department’s contention is that the 1964 grant of land was illegal, as it was not deforested or denotified under the Mysore Forest Regulation Act, 1900 and subsequent laws. In December 2015, a sub-committee of Revenue and Forest officials supported this logic by terming the patch as forest land and ordered for the removal of nearly 40.62 acres of encroachments.
This led to the Forest Department filing 76 FIRs under the Forest Conservation Act against industries, trusts and other organisations. These cases continue to be heard in the Judicial Magistrate of First Class court in Nelamangala.
Even as the Revenue Department sent an array of letters (as published by The Hindu on December 20, 2016), the Forest Department assumed control — on the ground — of the land. The area was fenced off, forest boards placed at the entrances and a guard was appointed to protect the patch. As recently as November 30, Forest officials wrote to the Revenue Department not to allot the land.
Legal approach
While it remains to be seen how the FIRs will be handled in court (now that forest encroachments have been undercut by the cabinet decision), local activists are planning to approach the court against the cabinet decision.
Lakshmanaiah, a farmer who grew up close to the forest, said, “This is a big shock for us and very distressing. The last green patch in the area will be destroyed. I was hoping the Forest Department would regain the land. Now, I see no option but to take the government to court.”
