The Karnataka High Court Kappatagudda case has drawn attention to wildlife conservation in the state after the court directed the government to expand the boundaries of the Kappatagudda Wildlife Sanctuary in Gadag district. The court instructed the state government to include the remaining areas of the Kappatagudda reserve forest that were left out when the sanctuary was officially notified in 2019.

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This directive aims to ensure that the sanctuary area matches the earlier decision taken by the Karnataka State Wildlife Board, which had recommended protecting the entire reserve forest.

Court Highlights Discrepancy in Sanctuary Area

A Division Bench of Chief Justice Vibhu Bakhru and Justice C. M. Poonacha observed that there was a major discrepancy between the area approved by the wildlife board and the area later notified by the government.

During its meeting on January 9, 2019, the Karnataka State Wildlife Board had unanimously recommended declaring the entire Kappatagudda reserve forest as a wildlife sanctuary. The proposed protected area was around 300 square kilometres.

However, when the official notification was issued on May 16, 2019, the sanctuary covered only 244.15 square kilometres. This meant that a significant portion of the reserve forest was excluded from the protected area.

Karnataka High Court Kappatagudda Rejects Stone-Crushing Unit Petitions

The court’s decision came while hearing petitions filed by Shivaganga Stone Crushing Industries and several other operators who run stone-crushing units near the fourth block of the Kappatagudda reserve forest.

The petitioners claimed that the sanctuary declaration affected their business because their lands fall within the eco-sensitive zone around the protected area. They requested the court to limit the sanctuary boundaries to the originally proposed 178 square kilometres mentioned in 2017.

However, the bench rejected their petitions and emphasized the importance of protecting wildlife habitats and forest ecosystems.

Government Asked to Correct the Notification

During the hearing, the court questioned the government about the reason behind reducing the sanctuary’s size. Government lawyers told the court that no official records explained why the area was reduced in the final notification.

They also clarified that the earlier estimate of 300 square kilometres was not accurate, as the actual Kappatagudda reserve forest covers around 288 square kilometres.

The bench observed that the reduction in area appeared arbitrary and inconsistent with the earlier resolution passed by the wildlife board, which was chaired by the Chief Minister of Karnataka.

Karnataka High Court Kappatagudda Expansion Order

In its ruling, the High Court directed the state government to issue a fresh notification adding the remaining 55 square kilometres of reserve forest to the Kappatagudda Wildlife Sanctuary.

The court also clarified that the state government still has the legal authority to modify sanctuary boundaries in the future if necessary. However, any such changes must follow the procedures laid down under the Wildlife (Protection) Act, 1972.

The judgment reinforces the importance of aligning government decisions with the recommendations of statutory wildlife authorities and ensuring stronger protection for biodiversity.