Karnataka court dismisses Tata Coffee suit challenging declaration of redeemed sagu land as reserve forest land

A Karnataka court recently dismissed with costs a plea by Tata Coffee seeking a declaration of the change made by the State in revenue records from redeemed sagu to reserve forest land as illegal [Tata Coffee vs. State of Karnataka]..Senior Civil Judge Lokesh MG was hearing a plea by the company that purchased the Glenlorna Tea Estate in 1985. It was submitted that the Principal Secretary of Karnataka in 2006 had addressed a letter to the secretary stating that the land leased in Coorg was reserved forest land..Following this, the Secretary addressed a letter to the Deputy Commissioner directing them to change the entries to forest lands instead of redeemed ragu.These changes were shortly effected without notice by the Tehsildar as well as the Revenue Inspector. The plaintiff contended that this was done against all basic and mandatory norms..The plaintiff first moved the Karnataka High Court, which granted it liberty to approach a trial court to establish its rights..The plaintiff argued that the entries found in Jamabandi of the year 1914 have a presumptive value under Section 39 of the Regulations and Section 133 of the Karnataka Land Revenue Act, 1964 and the same cannot be erased by officials..It was stated that the plaintiff’s rights were severely infringed and they suffered irreparable loss and injury.“The entry of Reserve Forest has made unilaterally in column no. 6 of the RTC has far reaching and harmful effect, hence the plaintiff will have to face many restrictions even for cultivating tea in a scientific way,” it was submitted..In light of these submissions, the Court set out to determine whether the plaintiff proved that the change in revenue records was illegal..The judge, after examining the revenue records, concluded that the suit properties were paisary forest lands and therefore, the defendants had the right to correct the entries.“It cannot be questioned by anybody. It is the domain power of the revenue officers and it is internal administration of revenue authority,” the Court said..On perusal of the documents on record, it was observed that the leased lands were forest lands, leased for tea cultivation. The entry was changed to redeemed sagu without an order from the Chief Commissioner of Coorg.“Without due procedure and without the order of Chief Commissioner or Government, the tenure of land cannot be changed as it is clearly mentioned,” the Court ruled.Condemning this unauthorised change, the Court directed the government pleader to send a copy of the judgment to the Tehasildar and Deputy Commissioner to take action against the erring revenue officials and submit a report to the State..Further, it was reasoned that the leased forest land’s period had to be curtailed to 99 years and the reserve forest land should be taken over by the government..The Court, therefore, found that it was not legal to direct the defendants to change revenue entries, neither was it the proper forum to do so. Since the change in revenue records was made in accordance with the government’s order, the same was not illegal..The judge, thus, dismissed the suit with costs with a direction to take action against the errant revenue officers..Advocate SRJ appeared for the plaintiff while the defendants were represented by the Assistant Government Pleader.[Read Judgment]