Karnataka high court grants unrestricted access to property in forest to power minister's son

Bengaluru: The Karnataka high court granted Rana George , power minister KJ George 's son, unrestricted access to his property adjacent to Nugu Wildlife Sanctuary . The petitioner owns properties in Shambhugowdanahalli and Lakkasoge villages, Saraguru hobli, HD Kore taluk. He contended that since his property only borders the sanctuary and isn't within it, he should have complete access. He challenged the time-restricted access (6am to 6pm), stating it violated Section 27(1)(c) of the Wildlife Protection Act , 1972, and Article 19(1)(c) of the Constitution.

The only reliable access to the property is via the forest road, as the alternative route becomes unusable during monsoons or when Nugu reservoir water level exceeds 100 feet. George assured the court that the property serves only personal purposes and measures were taken to protect the sanctuary's ecological balance.

On the other hand, the govt advocate submitted that having purchased a property in the forest area, the petitioner will have to abide by the rules under the statute, which clearly prohibits entry into any place of the forest. He further contended that in identical cases, Supreme Court clearly held that the forest roads cannot be permitted to be used by private persons.

After perusing materials on record, Justice M Nagaprasanna noted that the state's objections regarding land grants were irrelevant, as the case concerned road usage rights rather than property ownership. The judge also emphasised that Wildlife Protection Act doesn't support denying entry to immovable property within forest areas.

The court held that since the state already granted access under Section 27(1)(c), imposing time restrictions was legally untenable. The March 1, 2024 order's time restrictions, issued by principal chief conservator of forests, Karnataka, were quashed, whilst maintaining that the petitioner must not harm the sanctuary's flora and fauna.

The ruling further clarified that when access is granted, it must be complete and unrestricted.