National Green Tribunal
News Item Titled Forest Department Is In ... vs State Of Chattisgarh on 15 October, 2024
Item No.9
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.193/2024(CZ)
(O.A.No.920/2024- PB)
News Item titled ^^taxyksa ij ladV ds ckny] vfrØe.kdkjh igqapk jgs isM+ksa dks uqdlku]
HkVd jgs oU; izk.kh] ou foHkkx [kkeks'k** appearing in Lalluram.com dated 02.07.2024
....Suo Moto
Date of Hearing: 15.10.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL,, EXPERT MEMBER
For Applicant (s): None
For Respondent(s) : Mr. Rohit Sharma, Adv.
Mr. Yadvendra Yadav, Adv.
ORDER
1. This original application is registered suo-motu on the basis of the news item titled " पर , र प र प ,भ र , भ श" appearing in Lalluram.com dated 02.07.2024.
2. The matter relates to encroachment in the Khudia forest range of Mungeli forest division in Chhattisgarh. As per the article, illegal agricultural work is being carried out by cutting forest and building fields and huts in about 214 hectares of forest area in Kansari complex under Karidongri range of forest area Khudia. The article alleges that the villagers have requested the removal of encroachment in the protected forest area of compartment number 1523 of Kansari complex.
1O.A. No. 193/2024 (CZ News Item titled ^^taxyksa ij ladV ds ckny] vfrØe.kdkjh igqapk jgs isM+ksa dks uqdlku HkVd jgs oU; izk.kh] ou foHkkx [kkeks'k** appearing in Lalluram.com dated 02.07.2024
3. The article further states that earlier, orders have been issued against the encroachers including eviction proceedings but the encroachment continued this year also. Due to this, a crisis situatiation has arisen for the grazing land of animals. The encroachers have hampered the animal movement in these areas, forcing them to wander 2 to other places in search of food. Furthermore, the encroachment has caused damage to the plants and trees in the area.
4. The matter was taken up by this Tribunal and Forest Department was directed to submit the reply in addition to constituting a committee to submit the report. The members of the committee visited the site and submitted the report as follows :
Background of the area under question-
The total forest area under the Forest Division Mungeli is 15947.33 hectare which comprises of two Forest Ranges, that is, Mungeli and Lormi. The forest Lormi Forest Subdivision has 3 ranges-
• Lormi • Khuriya • Lormi (Production) The forest area of Khuriya forest range is 11847.472 hectare. The forest range has various species of trees growing, including the main species of Teak, Saja, Bija, Karra etc. The encroachment site comes under the Compartment no. 1523, Beat Karidongari, Circle
- Karidongari of Khuriya Range. The total area of the Compartment no. 1523 is 215.616 hectare.
Meeting of the Committee -
The committee held a brief meeting in the Circuit House, Tehsil - Lormi, District - Mungeli on date 08.10.2024. During the meeting, officers of Chhattisgarh State Forest Department explained in brief about the status of the actions that have already been taken against the illegal encroachment.
The Forest Range Officer, Forest Range Khuriya informed that the encroachers have been repeatedly encroaching in the 2 O.A. No. 193/2024 (CZ News Item titled ^^taxyksa ij ladV ds ckny] vfrØe.kdkjh igqapk jgs isM+ksa dks uqdlku HkVd jgs oU; izk.kh] ou foHkkx [kkeks'k** appearing in Lalluram.com dated 02.07.2024 Compartment no. 1523 in the past years. He also informed the committee that necessary Preliminary Offence Reports (POR) have been filed against the alleged encroachment year after year and since 2005 a total 42 number of POR's has been filed against the encroachers. The court challan has been submitted by the field officers against the encroachers and the matter is under consideration before the court of JFMC Mungeli Court.
After briefing, the Committee visited the compartment no. 1523 of the Kansari Protected Forest Area on the same day along with officers of Chhattisgarh State Forest Department and SDM, Lormi.
Allegations raised in the news article-
The news article titled "taxyks ij ladV ds ckny] vfrØe.kdkjh igqapk jgs isM+ksa dks uqdlku HkVd jgs oU; izk.kh] ou foHkkx [kkeks"k" appearing in Lalluram.com dated 02.07.2024 primarily raises the following allegations -
Damage being done to the trees growing in compartment no. 1523.
Encroachment in the 214 hectare area of the compartment no. 1523 by cutting trees, constructing small huts and crop cultivation.
Encroachment causing problems for grazing lands of animals.
Encroachment causing wandering of wild animals in search of food.
Field Observations of the Committee-
During the inspection, the committee visited the encroached area and found that small huts made of bricks; mud and dried wood have been demolished. The Divisional Forest Officer served notices under Section 80-A of the Indian Forest Act, 1927 dated 29.08.2024 to the encroachers through Range Officer Khuriya.
Similar notices have also been served on the encroachers in the year 2021 and 2023 as well. By the said notice, the encroachers were given time up to 11.09.2024 to remove the encroachments, however neither the encroachers replied to the notice, nor did they remove the encroachment from the Compartment no. 1523.
Thereafter, the Divisional Forest Officer, District -Mungeli formed three teams to remove the illegal encroachment from the compartment no. 1523 by his order dated 03.10.202 In pursuance of the above-mentioned order, the three teams along with forces from Forest Department, Revenue Department and Police Department under the leadership of SDM (Revenue) Lormi, SDOP Lormi, Divisional Forest Officer, District -Mungeli and Additional Superintendent of Police, District -Mungeli launched a 3 O.A. No. 193/2024 (CZ News Item titled ^^taxyksa ij ladV ds ckny] vfrØe.kdkjh igqapk jgs isM+ksa dks uqdlku HkVd jgs oU; izk.kh] ou foHkkx [kkeks'k** appearing in Lalluram.com dated 02.07.2024 wide operation of removal of the encroachment on date 04.10.2024.
During the operation, the combined forces removed a total of 41 of such small huts made of bricks; mud and dried wood were removed and a total encroached area of about 45 hectares (which includes farms and huts) was taken back into the compartment no. 1523. The encroachers requested to allow them to harvest the crops being grown in the forest area of compartment no. 1523. A last opportunity has been given to the encroachers and time of 2 months has been granted to them to harvest the crops and remove the encroached farms permanently.
They have also affirmed their statement in written Panchanama that they will not encroach further after harvesting the crops. The encroachers have stated that they are very poor and do not have any means of livelihood. So, on humanitarian grounds they have been given two months' time for self-removal/harvesting of their crop cultivation. A copy of the letter of Forest Range Officer, Khuriya Forest Range dated 05.10.2024 addressed to Forest Officer Forest along with the panchnama dated 04.10.2024.
During the inspection of the compartment no. 1523, the committee did not find any damage to the trees/cutting of trees in the area. It is also clear from the above-mentioned facts that the encroachment was being done in an area of about 45 hectare and not in the 214 hectare as mentioned in the news article on which the Hon'ble Tribunal has taken cognizance of the matter. The committee also visited the places where the illegal brick and stone huts were built and confirmed that they have been taken down.
Thus, the committee has found the allegations of damage being done to the trees and the encroaching of the 214 hectare of the compartment no. 1523 as false during site visit.
The committee did notice paddy and pigeon pea (Arhar) cultivation being done by the encroachers at some places. As stated above, the encroachers have been given a last opportunity to remove the illegal crop cultivation within two months on humanitarian grounds.
During the inspection, the committee did not find any kind of problems being caused to the animals facing crisis of grazing land. The committee did observe several cows on the road leading into the Compartment no. 1523 as the cows were returning after grazing. The committee found that there is enough grazing land in the area allow animals to graze freely without any kind of problem.
4O.A. No. 193/2024 (CZ News Item titled ^^taxyksa ij ladV ds ckny] vfrØe.kdkjh igqapk jgs isM+ksa dks uqdlku HkVd jgs oU; izk.kh] ou foHkkx [kkeks'k** appearing in Lalluram.com dated 02.07.2024 The committee also did not notice any wandering of wild animals due to encroachment on the date of inspection. Thus, the allegations of the encroachment causing problems for grazing lands of animals and also causing wandering of wild animals in search of food was found as false by the committee.
Actions taken so far Night surveillance is being done in the area to prevent any further encroachment or construction.
Caution boards have been installed at prominent locations in the compartment to aware/warn the people from doing any kind of further encroachment.
Munadis by respective village kotwars are being done frequently to aware the villagers about the penal sections of the Indian Forest Act, 1927.
The Forest Department is continuously monitoring the area and is keeping a constant vigil over the forest area with the help of flying squad and ground officials, so that instances of encroachment like this do not happen again.
5. In response to the notice issued to the respondents, the respondent no. 1/Principal Chief Conservator of Forest, respondent no. 2/Chief Wildlife Warden and respondent no. 4/District Magistrate Mungeri has filed the reply with the following facts :
"i. That in compliance with the aforementioned order, on 04.10.2024, three teams, accompanied by personnel from the Forest Department, Revenue Department, and Police Department, under the leadership of the SDM (Revenue) Lormi, SDOP Lormi, Divisional Forest Officer, District Mungeli, and the Additional Superintendent of Police, District Mungeli, initiated large scale operation to remove the encroachment.
ii. That during the operation, the combined forces removed a total of 41 small huts made of bricks, mud, and dried wood, reclaiming approximately 45 hectares of 5 O.A. No. 193/2024 (CZ News Item titled ^^taxyksa ij ladV ds ckny] vfrØe.kdkjh igqapk jgs isM+ksa dks uqdlku HkVd jgs oU; izk.kh] ou foHkkx [kkeks'k** appearing in Lalluram.com dated 02.07.2024 encroached land, including farms and huts, back Compartment No. 1523. The encroachers requested permission to harvest the crops being grown in the forest area of Compartment No. 1523. As a final opportunity, the encroachers have been granted a period Of two months to harvest the Crops and permanently vacate the encroached farms.
iii. That the enCroachers have also affirmed in a Written Panchanama that they will not encroach further after harvesting their Crops. They stated that they are very poor and lack any means of livelihood. On humanitarian grounds, they have been granted a two month period for self-removal and crop harvesting.
iv. That during the inspection of the compartment 1523, the committee did not find any damage to the tress cutting of trees in the area. It is also clear from the above-mentioned facts that the encroachment was being done in an area of about 45 hectare and not in the 214 hectares as mentioned in the news article on which the Hon 'ble Tribunal has taken cognizance of the matter. The committee also visited the places where the illegal bricks and stone huts were built and confirmed that they have been taken down.
v. That during the visit the committee has found the allegations of damage to the trees and the encroachment of 214 hectares in Compartment No, 1523 to be false. However, the committee did observe paddy and pigeon pea (Arhar) cultivation being carried out by the encroachers in certain areas. As previously stated, the encroachers have been granted a final opportunity to remove the illegal crop cultivation within two months on humanitarian grounds.
vi. That the committee did not find any issues related 6 O.A. No. 193/2024 (CZ News Item titled ^^taxyksa ij ladV ds ckny] vfrØe.kdkjh igqapk jgs isM+ksa dks uqdlku HkVd jgs oU; izk.kh] ou foHkkx [kkeks'k** appearing in Lalluram.com dated 02.07.2024 to animals facing a shortage of grazing land. The Committee also observed several COWS on the road leading into Compartment No. 1523, returning after grazing. It Was noted that there is sufficient grazing land in the area, allowing animals to graze freely without any difficulties.
vii. That the committee also did not observe any wandering of wild animals as a result of the encroachment during the inspection . Therefore, the allegations that the encroachment is causing issues with grazing land for animals or leading to wild animals wandering in search of food were found to be false by the committee.
6. It is further submitted that the members of the committee has directed to implement the night surveillance to prevent any further encroachment and installation of caution board and public announcements. We have considered the recommendations submitted by the committee and response by the respondents/District Collector.
7. Learned Counsel for the respondent has submitted that inspite of efforts by the respondents the encroachers are in habit of re-encroaching the land. In view of the above facts the Department of forest is directed to ensure the removal of the encroachments according to rules and to further ensure that there should not be any further encroachment in future.
8. In view of the above, we accept the report submitted by the Joint Committee and direct that the measures which have been 7 O.A. No. 193/2024 (CZ News Item titled ^^taxyksa ij ladV ds ckny] vfrØe.kdkjh igqapk jgs isM+ksa dks uqdlku HkVd jgs oU; izk.kh] ou foHkkx [kkeks'k** appearing in Lalluram.com dated 02.07.2024 recommended by the committee to be acted upon strictly in letter and spirit.
With these observations the Original Application No. 193/2024 stands disposed of.
Sheo Kumar Singh, JM
[
Dr. A Senthil Vel, EM
15th October 2024
O.A. No. 193/2024(CZ .
K
8
O.A. No. 193/2024 (CZ News Item titled ^^taxyksa ij ladV ds ckny] vfrØe.kdkjh igqapk jgs isM+ksa dks
uqdlku HkVd jgs oU; izk.kh] ou foHkkx [kkeks'k** appearing in Lalluram.com dated 02.07.2024