HC allows former Speaker to question joint survey report of govt depts

It was contended that the petitioners had no legal authority to submit their application alleging encroachment against the land in question
Bengaluru: In a significant legal development, the High Court has granted permission for former Speaker Ramesh Kumar to challenge a joint survey report conducted by the Forest and Revenue Departments, which alleges that he illegally encroached upon 61 acres of forest land in the Jinagalakunte Hosahudya village of the Srinivaspur taluk in Kolar district.
The High Court bench, led by Justice M. Nagaprasanna, reviewed a petition filed by advocate K.V. Shivareddy, representing Ramesh Kumar. The judge noted that since the survey work had already been completed, it was appropriate to allow Ramesh Kumar to contest the findings of the survey report.
During the proceedings, the petitioners’ lawyer presented arguments stating that they had lodged complaints with the central government regarding the alleged encroachment of forest land. As per a directive from another bench of the High Court, the district authorities and the forest department had been instructed to conduct a joint survey. This survey was completed, boundaries were identified, and the report was submitted to the forest department. Thus, the lawyer argued that the petition should be disposed of accordingly.
Challenging this assertion, Ramesh Kumar’s lawyer contended that the petitioners had no legal authority to submit their application alleging encroachment against the land in question. They argued that this was not a public interest petition and that the petitioners lacked the legal grounds to pursue the matter.
In response, the bench remarked that before determining whether the petitioners had the legal standing to file their application, it was evident that the survey had been completed. Therefore, they ordered that Ramesh Kumar has the right to challenge the joint survey report. The bench scheduled a hearing for January 15, 2024, where they instructed the state government and the forest department to conduct the survey and submit their report by December 30. It was also ordered that Ramesh Kumar or his official representative must participate in the survey.
The district collector was directed to issue a notice to Ramesh Kumar regarding this matter. If Ramesh Kumar or his representative fails to attend the survey, it must continue regardless. Furthermore, the bench clarified that once the report is submitted, no appeals regarding the findings would be permissible.
The case revolves around the issue of encroachment on forest land in Jinagalakunte Hosahudya, where the High Court had previously ordered joint surveys in 2010 and 2013. The Regional Commissioner of Bengaluru had issued notifications on December 7, 19, and 26, 2024, outlining dates for the survey, but the petitioners argued that the survey had not been conducted because Ramesh Kumar did not participate.


















