BANGALORE: The Karnataka High Court on Tuesday directed the Chief Secretary to conduct an investigation and submit a report within two months on the status of 13,736.8 acres of `jamma malai' land in Kodagu district, including land owned by former Minister. T. John.

The court passed the order on a public interest litigation (PIL) petition filed by Bharatiya Janata Party leader Pramila Nesargi seeking a direction to the authorities not to transfer 468 acres of land at Chelevara village in Napoklu Nad, which was reportedly sold to Mr. John, and restrain him from collecting forest produce from the land. The petitioner sought a direction to protect the forestlands and clear encroachments, and the Additional Government Advocate filed documents and said the lands cannot be mutated, registered or transferred as this would be against the Supreme Court judgment.

In its statement of objections, the Forest Department said 468 acres of land at Chelevara, which was to be reportedly sold to Mr. John, has not been released by the department. It said all proceedings culminating in the alleged registration and transfer or mutation in the revenue records with respect to lands runs counter to the Supreme Court judgement. A Division Bench comprising Chief Justice Nauvdip Kumar Sodhi and Justice N. Kumar, which is hearing the petition, took note of the submissions of both the petitioner and Additional Government Advocate M.N. Seshadri, and directed the Chief Secretary to find out what extent of 13,736.8 acres of `jamma malai' lands in Kodagu district, as recorded by then Forest Settlement Officer H.S. Mullins, is in possession of the Government and others.

It observed that though the writ petition is pending for the past two years, no steps have been taken by the Government to get the mutated entries corrected and kathas cancelled. Citing the statement of objections of Mr. John, the Bench said he has stated that his political opponents have made allegations as he is from a minority community. "This explains why no action was taken by the Government in spite of the Supreme Court judgment and a direction by the Governor to the Chief Secretary, " it said.

It said the case of Mr. John is only one case where government authorities have failed to protect the biosphere, forests, wildlife and reserve forests, and citizens have no option but to look to the court for appropriate action.

The Bench said court cannot be a silent spectator. "However, prima facie, we are satisfied that public interest is involved in the petition. Before the court can act, it should have all material before it to pass appropriate orders. Hence, we deem it proper to direct the Chief Secretary to hold an inquiry and give a reply".

It sought the names and particulars of persons in possession of such lands and their claim to the land with documents. The Chief Secretary has been asked to find out to what extent lands have been mutated and kathas made out in favour of claimants.

The Bench sought to know the number of permits granted to fell trees, the value of timber cut and the number of transport permits. It sought the names of Revenue Department officials who passed orders mutating the lands and details of steps taken by the Government to protect lands.

The Chief Secretary was asked to furnish other particulars which come up during his inspection.

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