National Green Tribunal
Satnam Singh vs State Of H.P on 15 November, 2022
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 389/2022
Satnam Singh Applicant
Versus
State of H.P. Respondent
Date of hearing: 15.11.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Application is registered based on a complaint received by Post/E-mail.
ORDER
1. The grievance of the applicant in the present application is that in his absence, Sanjeev Suri carved out road through the Forest Land and the land which is jointly owned by him with the applicant. The applicant filed suit against Sanjeev Suri which was subsequently compromised but Sanjeev Suri did not comply with the compromise on which the execution is pending before the Civil Court. The applicant sent complaint to the Forest Department for taking appropriate action against Sanjeev Suri for damaging/encroaching the land of Forest Department but no action has been taken.
2. Vide order dated 07.07.2022, this Tribunal constituted a Joint Committee comprising of the DFO and Deputy Commissioner, Chamba, Himachal Pradesh and directed the same to submit factual and action taken report within three months.
3. In compliance thereof the report of the Joint Committee has been filed O.A 389/2022 Satnam Singh Vs. State of H.P. 2 by Mr. Apporv Devgan, IAS, Member Secretary, HPSPCB, Shimla vide letter dated 19.10.2022 through email dated 19.10.2022. The relevant part of the report of the Joint Committee is reproduced below:-
"In compliance of ibid orders of Hon'ble NGT, spot visit was fixed by the Deputy Commissioner on 08-08-2022 and on said date the Additional District Magistrate Chamba visited the spot on 8th August, 2022 (as the undersigned was COVID-19 positive at that time) in presence of complainant, defendant and all concerned departments. Both the parties were heard in presence of all concerned departments and their oral statements were taken.The Deputy Commissioner and the Divisional Forest Officer again visited the spot on dated 16-08-2022 along with field Revenue Officials, Officials of Rural Development and Panchayati Raj, both the parties of the dispute and local residents. As the position of road was also not clear on the spot, so the Forest department was directed to produce evidences viz. Satellite imagery of the spot relating to that particular period, to find out that whether the road was carved by said Sh. Sanjeev Suri or it was pre-existing on the spot. Further directions were also issued to Block Development Officer, Chamba and District Revenue Officer, Chamba to submit their respective reports before the undersigned.
A detailed demarcation of land in question was conducted by Naib Tehsildar Chamba which was received through the District Revenue Officer vide office letter No.CBA-SK-032(2)92/7-Voll-VI- 3607 dated 18-08-2022 (Annexure-I). The demarcation was done by adopting triangular method of demarcation and it was found that, no road has been carved out through the private land owned by the applicant. The road has been constructed through the forest land classified as "Charagah Bila Drakhtan" existing between the two parcels of private land owned by the applicant Satnam Singh. From the perusal of the Record of Rights, it was also revealed that the private land bearing Khasra No. 1460/1019 and 1461/1019 total measuring 02-09-00 Bigha was initially allotted as Nautor to a local resident Sh. Madho S/O Talochan. The complainant Sh. Satnam Singh purchased the ibid chunk of land from said Madho and forest land of approx. 8 feet 6 inch wide is existing between both these parcels of land.
The statements of both the parties, as well as local residents, present during the joint inspection, copies of statement of local residents are annexure as (Annexure-II) were recorded which reveal that the local residents of village Baghnu are using this forest land bearing No. 1463/1019 classified as "Charagah Bila Drakhtan" which lying between two parcels of private land bearing No. 1460/1019 & 1461/1019 owned by the complainant Sh.
O.A 389/2022 Satnam Singh Vs. State of H.P. 3 Satnam Singh as passage to approach their houses since generations. The complainant Sh. Satnam Singh also agreed that at the time when he purchased the said land, there was a narrow passage between these two parcels of land which was being used by the local residents of area to approach their houses.
The Block Development Officer Chamba was also directed to enquire into the matter with regard to construction of road/path in the spot on Khasra No.1463/1019. He has submitted his report vide his office letter dated 16thAugust, 2022 (AnnexureIII) stating therein that the funds to the tune of Rs. 2.00 Lacs were sanctioned to the Gram Panchayat Udaipur under MPLADS for construction of Jeeproad/Link Road from Village Udaipur to Baghnu during the year 2017-18 which was fully utilized for the purpose. Further an amount of Rs. 03.00 Lac was sanctioned under SDP for the C/O link road from main road Udaipur to Bhagnu but the construction work was not executed due to the dispute on spot. First installment of Rs. 1.50 Lacs which was released to the Gram Panchayat, was also returned and deposited in the office of BDO Chamba. During the course of joint inspection Pradhan, GP Udaipur, stated that the local residents of area have widened and concreted the said road by their own funds collected through contribution. The estimation of work done on the spot in the said road has been made by the office of BDO Chamba which comes to Rs. 5,64,724/-, the detail is enclosed. Therefore an expenditure to the tune of approximate Rs. 5,64,724/- has been made through public contribution.
The Divisional Forest Officer Dalhousie has mentioned in his report dated 17-09-2022, (Annexure-IV) that the land lying between the two parcels of private land owned by the complainant is recorded in ownership of Forest Department. This land is classified as "Charagah Bila Drakhtan" and same is not recorded forest i.e. RF, DPF or UPF. It is also not covered under approved working plan of Dalhousie Forest Division. However, the said land falls under the category of waste land and by virtue of H.P. Govt. notification No. Ft-29-241-BB/49 dated 25-02-1952, all waste lands are considered and treated as forest land and attract the provisions of Indian Forest Act, 1927. The local public of the area including that of village Baghnu is using the said land as path to approach their houses since generations. Now it has been widened and concretised by the Gram Panchayat Udaipur in the shape of jeepable road without fulfilling codal formalities. Futher it is added that no tree exist on the stretch of Government land where cement concrete road has been constructed. Also google image of year 2017 & 2018 were studied and found that kuccha track/path is visible with scattered bushes where the said road has been constructed and no tree exist over there.The Range Officer Dalhousie vide his office letter No. 548/Dalhousie dated 02/09/2022 has requested SHO Police Station, Sadar Chamba to register a FIR against former Pradhan of Gram Panchayat Udaipur and local habitants involved in widening and concreting the road, as per provisions contained in Indian Forest Act, 1927 and a O.A 389/2022 Satnam Singh Vs. State of H.P. 4 Damage Report No. 018778 dated 02-09-2022 for amount Rs. 170125 has also been issued. Furthermore it was found on the spot some Government land has been encroached by local inhabitants regarding which encroachment cases have been instituted vide case no. 01/2022 & 02/2022 under section 163 of Himachal Pradesh Land Revenue Act and the next date of hearing in this matter is on dated 06-10-2022.
Thus, in view of above said facts, it is evident that no private land of complainant has been encroached while constructing the road. However, the road has been constructed through the land classified as "Charagah Bila Drakhtan" owned by the Forest department. It appears that, the local public of the area is using the said forest land, which is situated between both the parcels of the private land owned by the complainant as path/passage to approach their houses since long. Action qua the encroachment has been dealt with by the Forest Department and the Revenue Department under appropriate provisions of law. You are, therefore, requested to apprise the Hon'ble National Green Tribunal accordingly."
4. As per the report of the Joint Committee no private land of the applicant has been encroached upon while constructing the road. However, the road has been constructed through the land classified as "Charagah Bila Drakhtan" owned by the Forest department. Action qua the encroachment is being taken by the Forest Department and the Revenue Department under appropriate provisions of law.
5. In these facts and circumstances, no intervention by this Tribunal in exercise of its jurisdiction under the provisions of the National Green Tribunal Act, 2010 is warranted on the present application which is disposed of accordingly.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November, 15, 2022 AG