'You'll Change Whole Character Of Region': Karnataka High Court Questions Conversion Of Coffee Plantation Lands

The Karnataka High Court on Monday (June 29) expressed reservations over treating coffee plantation lands in Kodagu at par with ordinary agricultural lands for the purpose of conversion under Section 95 of the Karnataka Land Revenue Act, 1964, orally observing that such an approach could alter the ecological and geographical character of Kodagu.

The division bench of Chief Justice Vibhu Bakru and Justice K.S Hemalekha observed that coffee plantations, which are often interspersed with forest lands, cannot be equated with agricultural lands without proper guidelines, while hearing a PIL challenging a 2020 Government Order constituting a Technical Committee to assess land conversion proposals in the district.

As per the 2020 order, if NOC was granted by the technical committee in Kodagu, commercial construction could occur in the converted lands after obtaining approval from the local self-governments.

Today, the Division Bench enquired from the State whether there is a distinction between agricultural lands and plantations.

The court also questioned the premise that plantation lands could be treated at par with agricultural lands for conversion purposes:

“…Is plantations treated as agricultural land in any of the States? We will have to look into it….”

The Court further noted:

"We are not comfortable with the idea that you are taking all lands… and treating two unequal aspects as one”.

Referring specifically to coffee plantations, which are often interspersed with forest lands, the Bench observed that viewing 'plantation lands' as akin to 'agricultural land' without proper guidelines would not be advised.

"Plantations.... Coffee plantations are interspersed with forest lands. Now you treat them all as agricultural land effectively, and you are saying now you can convert…. When you do that, you change the whole character of the region."

However, the State authorities pointed out that even schools had been established by using land parcels that come under the head of plantations. The State has also contended that as long as land stands assessed, Section 95 provides a statutory right for conversion.

However, the petitioner, in turn, argued that the right to convert and the procedure of assessment cannot be extended to banne lands, jamma lands, or plantation lands, which are not 'agricultural lands' within the meaning of sub-Rule (2) of Rule 2 read with the definition of “plantation crops” in sub-Rule (9) of Rule 2 of the Karnataka Land Grant Rules, 1969.

The State counsel, however, argued that the definition of 'agricultural land' would have to be borrowed from the Karnataka Land Reforms Act, and that plantation lands can be treated as agricultural lands as per the statute.

For reference, Section 95 of the Karnataka Land Revenue Act, 1964, provides that any occupant of land assessed or held for the purpose of agriculture wishing to divert such land to any other purpose shall submit an application. Section 95(2) provides the statutory mechanism for conversion of agricultural land for non-agricultural purposes upon fulfilment of prescribed conditions.

Earlier, the High Court had granted partial interim relief to the petitioner in January 2021, observing that "the grant of No Objection Certificates by the Technical Committee pursuant to the order dated 04.06.2020 shall not be construed to mean that the permission for conversion is granted in accordance with Section 95 of the Karnataka Land Revenue Act, 1964."

Later, the petitioner produced a NOC from March 2025, issued by the competent authority during the pendency of the petition, contending that despite the Court's interim protection, the authority continued issuing conversion orders. The Court had then permitted the petitioner to produce further orders of a similar nature and to renew the request for interim relief.

Case Title: Col C.P Muthanna v. State of Karnataka & Ors

Case No: WP 9903/2020