Karnataka High Court Orders Full Inclusion of Kappatagudda Sanctuary Area

The High Court of Karnataka has directed the State government to include the remaining areas of the Kappatagudda reserve forest within the boundaries of the Kappatagudda Wildlife Sanctuary in Gadag district. The directive comes after the court observed that the existing notification issued in May 2019 declared only 244.15 square kilometres as a sanctuary, despite the Karnataka State Wildlife Board (KSWB) having earlier approved a larger area for protection.

Court Highlights Discrepancy in Sanctuary Area

A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha noted that the KSWB had unanimously resolved in its meeting on January 9, 2019, to declare the entire Kappatagudda reserve forest area as a wildlife sanctuary. The board had considered approximately 300 square kilometres of forest for protection. However, the government notification issued on May 16, 2019, designated only 244.15 square kilometres as sanctuary land, leaving out significant portions of the reserve forest.

Petitions by Stone-Crushing Units Rejected

The court issued its directions while dismissing petitions filed by Shivaganga Stone Crushing Industries and other operators running stone-crushing units on patta lands near the fourth block of the Kappatagudda reserve forest. The petitioners argued that the sanctuary declaration affected their operations because their lands fall within the eco-sensitive zone surrounding the protected area. They sought a restriction of the sanctuary boundaries to the originally proposed 178 square kilometres outlined in 2017.

Government Asked to Correct the Notification

During the proceedings, the court questioned the government about the reduction in the sanctuary area. Government counsel informed the Bench that no official record existed explaining the reduction and also pointed out that the original estimate of 300 square kilometres was inaccurate, as the actual reserve forest area measures about 288 square kilometres. The court held that reducing the sanctuary’s size was arbitrary and inconsistent with the decision of the Wildlife Board chaired by the Chief Minister.

Important Facts for Exams

• Wildlife sanctuaries in India are notified under the Wildlife (Protection) Act, 1972.
• The National Board for Wildlife is the apex advisory body for wildlife conservation in India.
• Eco-sensitive zones are buffer areas around protected regions where certain activities are regulated.
• Karnataka hosts several protected areas aimed at conserving biodiversity in the Western Ghats and Deccan plateau landscapes.

Provision for Boundary Changes Under Law

The High Court directed the government to issue a fresh notification adding the left-out area of about 55 square kilometres to the Kappatagudda Wildlife Sanctuary. At the same time, the Bench clarified that the State government retains the authority to alter sanctuary boundaries if deemed necessary, provided such changes follow the procedures established under the law. The ruling aims to ensure that conservation decisions align with the recommendations of statutory wildlife authorities.