National Green Tribunal
Mohaque Mehra vs The State Of Karnataka on 9 February, 2024
Author: K. Satyagopal
Bench: K. Satyagopal
Item No.07:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.87 of 2022(SZ)
IN THE MATTER OF:
Mohaque Mehra,
Karnataka.
...Applicant(s)
Versus
The State of Karnataka,
Rep by its Principal Chief Conservator of Forests,
Karnataka & Ors.
...Respondent(s)
Date of hearing: 09.02.2024.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. S. Sai Sathya Jith.
For Respondent(s): Mr. Rajat Jonathan Shaw represented
Mr. K.M. Darpan for R1 to R5.
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ORDER
1. The issue involves around eviction of encroachers within the forest land in Abbana Village of Kenchammana Hoskote Hobli of Alur Taluk.
2. The Assistant Conservator of Forest has filed a report dated 08.02.2024, in which, he says that 03 Acres and 20 Guntas were granted towards the Ahsraya Yojana Scheme during 1992-93 by the District Administration of Hassan District. However, the same was subsequently cancelled by the District Magistrate, Hassan District on 15.04.1994. After the cancellation, the Karnataka Forest Department is said to have planted trees of multiple varieties over the same.
3. Thus, making the forest area to an extent of 70 Acres and 32 Guntas in Sy. No.128 of Abbana Village. On 03.09.2022, a land survey was conducted by the Assistant Director of Land Records of the above-referred area. A joint survey by the Taluk Surveyor, Alur Taluk and Deputy Range Forest Officer cum Surveyor of Kenchammana Hoskote Section of Alur Territorial Range was completed.
4. The Deputy Director of Land Records (DDLR), Hassan District provided a demarcated map of the Sy. No.128, as per which, an extent of 09 Acres and 34 Guntas of Forest Land has been occupied in an unlawful manner by some encroachers. Cases have been registered against the unauthorized occupants by the Range Forest Officer in November 2023 as per the provisions of the Karnataka Forest Act, 1963, the results of which are not Page 2 of 5 known. Later, on 02.01.2024, it was stated that the Assistant Conservator of Forest and Technical Assistant to the Deputy Conservator of Forest, Hassan Division had initiated proceedings under Section 64 A of the Karnataka Forest Act, 1963 to evict the illegal occupants before the Special Court constituted for land grabbing. When the allotment under the Ahsraya Yojana Scheme was cancelled as early as in 1995-96, it is not known why the Forest Department had not taken steps to recover the lands and maintain them as forest area.
5. The report also has furnished copies of the notices issued under Section 69 (6) and (11) of the Karnataka Forest Manual and Section 64 A of the Karnataka Forest Act, 1963 read with the Indian Penal Code.
6. To be noted is that in one of the earlier hearings, a letter directly sent to the Registry from the Office of the Assistant Commissioner and Sub-Divisional Magistrate, Sakleshpur Sub Division, Hassan District dated 05.09.2022 was produced. The said letter specifically states that there is an illegal encroachment of 8 Acres (i.e. 3.24 Hectares) of the land belonging to the Forest Department and has been put under non-forest activities without any approvals from the appropriate authority in clear violation of Section 2 of the Forest (Conservation) Act, 1983.
7. The Assistant Commissioner - Revenue Department has further stated in his letter that this fact was brought to the knowledge of the respective jurisdictional ACF (Territorial), ACF (Social Forestry), DCF (Territorial) and DCF (Vigilance Squad) over the Page 3 of 5 telephone. In vain, no action was initiated by any of these forest officials.
8. The above-referred letter dated 05.09.2022 was taken note of by the learned Government Pleader appearing for the Government. But in today's reply, the said fact was not adverted to, except stating that actions have been initiated under the Karnataka Forest Act, 1963 for evicting the encroachers.
9. As the Assistant Conservator of Forest has specifically stated that an extent of 09 Acres and 34 Guntas of the forest land has been occupied in an unlawful manner by the encroachers, let a report be filed furnishing the details of the encroachers and the action taken by them before the appropriate authority and the status of the same, including the timeline within which they can be concluded.
10. Let the report also give the reason for the delay when specifically it was pleaded in the Original Application about illegal encroachments in the forest area and it was taken cognizance of by the Assistant Commissioner and Sub-Divisional Magistrate, Sakleshpur Sub Division, Hassan District.
11. If the allotment of 03 Acres and 20 Guntas originally intended for the forest dwellers was cancelled, it is only with an intention to preserve the forest and not allow encroachers to occupy and carry on non-forest activities. We only express our displeasure in this regard in a way the authorities have been negligent in their duties.
Page 4 of 512. Let the 1st Respondent who is the Principal Chief Conservator of Forests (Head of Forest Force) enquire into the same and file a separate report in this regard.
13. Post the matter on 12.03.2024.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.87/2022(SZ) 08th February, 2024. AD.
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