The Supreme Court on Friday dismissed a special leave petition filed by the Bombay Burmah Trading Corporation (BBTC) challenging a Madras High Court order that rejected its claim seeking right as a farmer for 3,400 hectares of land leased to it in Manjolai estate and its surroundings in Tirunelveli district.
With this, Tamil Nadu government’s declaration of 23,000 hectares in the Kalakkadu Mundanthurai Tiger Reserve (KMTR), including nearly 3,400 hectares leased to the BBTC (including Manjolai estate) stands valid, officials here said.
The petition was taken up for hearing by a Bench of Justices S.A. Bobde and L. Nageswara Rao. The petitioner was represented by senior advocate Gopal Subramaniam and A. Raghunath. Tamil Nadu was represented by senior advocate Subramonium Prasad, M. Yogesh Kanna and Sujatha Bagadhi.
After hearing the counsel for both parties, the judges said: “We find that there is sufficient clarity in the observation made by the High Court in the impugned order that ‘all issues are left open; which includes the right to claim under the lease deed.
“Accordingly, we see no reason to interfere with the impugned judgment and order passed by the High Court. The special leave petition is, accordingly, dismissed,” the judges said.
Forest officials here are delighted with the Supreme Court’s decision. Now, the BBTC’s right over the land is confined to the lease deed only, which ends in 2028.
In his judgment, M.M. Sundresh, judge of the Madras High Court, had rejected the claim of the BBTC seeking a right as a farmer for the 3,400 hectares of land leased to it.
The judgment pointed out that the land had been classified and detailed as forest for nearly two centuries and the petitioner had not challenged it.
Reacting to the Supreme Court’s decision, KMTR field director A. Venkatesh said it was another historic day not just the State but for the country too.
“The core tiger habitat can be restored,” he added.
