Tripura High Court
Unknown vs The State Through Chief Secretary on 2 September, 2019
Bench: Sanjay Karol, Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
WP(C)(PIL) No.11/2019
Court on its own motion.
Vrs.
1. The State through Chief Secretary, Government of Tripura,
2. Principal Chief Conservator of Forests (PCCF), Tripura.
3. Principal Secretary, Revenue,
4. Principal Secretary, Home,
5. Secretary, Forest,
6. Municipal Commissioner, Agartala Municipal Corporation,
7. District Magistrate, West Tripura District,
8. Superintendent of Police, West Tripura District.
---- Respondents.
For Court : Mr. Sankar Bhattacharjee, Amicus Curiae. For Respondents : Mr. Mangal Debbarma, Addl. Govt. Advocate.
BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL HON'BLE MR. JUSTICE ARINDAM LODH _O_R_D_E_R_ 12.7.2019 The present petition was taken up on the basis of a news item dated 17th May, 2019.
On 22nd May, 2019 this Court passed the following order:
"Mr. Mangal Debbarma, learned Addl. G.A., has placed on record communication dated 21.05.2019 as also annexures thereof.Page 2 of 9
Unfortunately the news item which reads as under has turned out to be correct as we are informed by Mr. Mangal Debbarma, learned Additional Government Advocate:
"Forest Dept. officials in deep slumber Miscreants chopped decades' old trees at Kunjaban area.
Agartala: May 16.
Without the consent of Forest department and keeping the officials in deep slumber, unknown miscreants chopped several decades' old trees for illegally occupying government's land at Kunjaban Township Quarter Complex area here in Agartala city on the midnight of Wednesday and Thursday.
In this quarter complex area, there are bungalows of Chief Secretary, Director General of Police (DGP), Superintendent of Police (SP) and other top bureaucrats of the state government and also filled with residential complexes for other employees of the state government.
In the midst of all these bungalows and complexes, unknown miscreants chopped several trees which are many decades old and also might touch near to a century old trees in a place located exactly opposite to the office of Tripura Human Rights Commission (THRC). Couple of years back, few indigenous people occupied the government land at Kunjaban Township Quarter Complex area alleging that Maharani Bibhu Kumari Devi offered them this land for living. However, those people failed show any paper at that period.
With this, the number of families and residents went on increasing in this area by cutting small hills and decades' old trees. After a couple of years, this cutting was once again noticed by the locals and informed the Forest department. The officials claimed that they are unaware Page 3 of 9 about these chopping of trees like Eucalyptus, Sagun and Neem.
Asking the local indigenous people, they said that some unknown miscreants from Jolaibari had come here last night and chopped those trees. They further informed that the lands were given by the Maharani earlier to them and hence, the land of residing is being expanded as per requirement.
However, a group local resident of the complex gave deputation regarding illegal occupying of government land to the Chief Engineer of PWD department and urged them for conduction demarcation at the earliest. Seeing this chopping of trees, the SDO of PWD department filed an FIR with the local police station. On the other hand, it is alleged that Dhirendra Choudhury and the brother of Jitendra Choudhury illegally occupied another big plot of land between Kunjaban Township Quarter Complex and Shyamalibazar area by constructing walls and iron-gate. Following this illegal occupying, others are also occupying nearby lands illegally."
It is shocking that at least 11(eleven) fully grown trees were allowed to be felled illegally from Government land. Who felled these trees? Under whose authority? Why no action was taken by anyone of the authorities? remains a mystery, for according to Mr. Debbarma, learned Addl. G.A., only an F.I.R. against an unknown person stands registered.
These are not bushes or small trees. They, as can be seen from the photograph, are fully grown trees which cannot be felled in a single day by a handful of persons.
Judicial notice can be taken on the fact that these trees were felled at a distance of stone's throw from the office of the Tripura Human Rights Page 4 of 9 Commission and in close vicinity of the residential bungalows of the topmost bureaucrats of the State.
Mr. Sankar Bhattacharjee, learned amicus curiae, further states that no action stands taken against the persons named in the news item who continued to occupy the Government land without any sanction of law.
We also notice that save and except for registering an F.I.R., no action stands taken against anyone of the officials/officers of the Department of Forest/Revenue or any other department. It is shocking that for 2(two) days such an illegal activity was allowed to be carried out in the heart of the town, and as we understand, during broad daylight, right under the nose of all the authorities.
Mr. Anthony Debbarma, learned counsel, who is present in Court, and otherwise assists in matters pertaining to environment, states that the number of trees felled are not 11 but in fact, more than 43 and all of them have been felled from Government and not private land.
At this stage, Mr. A.K. Bhowmik, learned Advocate General, states that prompt action against the erring officers/officials shall positively be taken. Such statement is taken on record. However, in the attending facts and circumstances, we are of the considered view that still further some immediate remedial action needs to be taken.
As such, we direct constitution of a committee comprising of the Principal Secretary, Revenue; Principal Secretary, Home; and Secretary, Forest, who shall have the entire matter examined and submit their action taken report Page 5 of 9 positively within a period of 1(one) week from today.
All culprits must be identified and action taken against them. Also under all circumstances, all encroachment in the area over public land must be removed forthwith.
Under instructions from the forest officials, who are present in Court, Mr. Mangal Debbarma, learned Addl. G.A., states that 44 (forty four) logs stand seized and have now been transported to Hatipara depot for safe custody.
The State through Chief Secretary, Government of Tripura; Principal Chief Conservator of Forests (PCCF), Tripura; Principal Secretary, Revenue; Principal Secretary, Home; Secretary, Forest; Municipal Commissioner, Agartala Municipal Corporation; District Magistrate, West Tripura District; and Superintendent of Police, West Tripura are impleaded as party-respondents.
Notice.
Mr. Mangal Debbarma, learned Addl. G.A., undertakes to communicate the same to the authorities by all modes.
Registry to supply complete copy of the petition to the parties.
List the matter on 29.05.2019.
Copy of the order be supplied to learned counsel for the parties.
Whereafter, when the matter came up on 29th May, 2019 this Court passed the following order:
"Learned Advocate General has placed on record the minutes of the meeting held by the Chief Secretary, Government of Tripura.
We notice that three low lying officers of the Forest Department have been placed under Page 6 of 9 suspension. Logs stand recovered and the Superintendent of Police, West, has been directed to expedite the investigation. The illicit felling of trees took place in the very heart of the town, on 15/16 of May, 2019. Yet till date none has been identified as the culprit.
We direct the Superintendent of Police, West, to himself have the matter investigated and submit his report by tomorrow (30.05.2019) when the matter be listed for such purpose.
We also notice that earlier order dated 22nd May, 2019 in so far as, removal of encroachment from the public land is concerned has yet not been complied with. We are not talking of the encroachments which took place long ago within the municipal limits of Agartala town. Our order was specific with regard to the recent encroachment which had taken place in the area where the trees were felled. We see no reason as to why such encroachment could not be removed and our order not complied with.
Under these circumstances, we direct the Secretary, Revenue, Government of Tripura to forthwith comply with the order dated 22nd May, 2019 and ensure that all encroachments over the public land in the area where the trees stand felled, are removed forthwith. Clarifying at least with regard to the entire area where trees were felled. We also expect the District Magistrate, West to remove encroachers from the adjoining/other land in the vicinity. We notice that it is prime land where Government offices and other public utility buildings are situate. Also the famous Heritage park of Agartala is in close proximity. He shall also submit his report and remain present in the Court tomorrow (30.05.2019) in person.Page 7 of 9
We further direct that since this Court is dealing with the matter, no Court other than this Court shall deal with the issue of removal of such encroachment.
Let the matter be listed tomorrow i.e. on 30.05.2019 at 4.00 pm."
Again on 9th July, 2019, this Court passed the following order :
"From the affidavit dated 25.06.2019, we notice that two persons stand identified who have been occupying public land without any authority. We see no reason as to why they should not be removed. Even if they were to become homeless, the purported ground for not taking action against such encroachers, it is for the State to ensure that the rights of the citizens, fundamental in nature, be that of the encroacher or common person, are not infringed or encroached upon. In any event, we see no reason as to why the State must hesitate from removing the encroachers in accordance with law.
As such, we direct that action for removing of such encroachments, within the four corners of law be taken forthwith.
An affidavit of action taken
report/compliance be positively filed within a
period of 2(two) weeks.
For such purpose, the matter be listed on 29.07.2019.
In this regard, we also reiterate our earlier orders dated 22.05.2019 and 29.05.2019.
From the affidavit dated 08.07.2019 filed by the Deputy Secretary (Home), Government of Tripura, as also affidavit dated 08.07.2019 filed by the Joint Secretary to the Government of Tripura, Forest Department, it is evident that disciplinary Page 8 of 9 action stands initiated against the erring officials. Also some action has been taken against the private persons who allegedly were involved in the unauthorized felling of the trees.
We only hope and expect that all consequential action shall positively be taken at the earliest. An affidavit of compliance in that regard be filed by the State within a period of 2(two) months."
We are informed that vide communication dated 30th May, 2019 Police Case No.2019 NCC 047 stands registered at New Capital Complex Police Station under Sections 447/379 of Indian Penal Code and Section 52 of the Indian Forest Act, 1927 and the investigation is in progress.
Also we are informed that all encroachers stand evicted and now public land/property in question is free from all eventuality.
As such, we close the present proceedings with the following directions :
(a) Investigation of the FIR No.2019 NCC 047 be expedited and the matter taken to its logical end expeditiously, in accordance with law;
(b) the respondent-State shall ensure that henceforth the area in question is not allowed to be encroached upon for it is a valuable piece of land within the heart of Agartala Township;
(c) if possible, the area be cordoned off by putting up barbed wire fencing AND Page 9 of 9
(d) for compliance, necessary steps be positively taken within a period of 2(two) weeks.
Pending application(s), if any also stands disposed of.
( ARINDAM LODH ) (SANJAY KAROL),CJ.
Sukhendu