National Green Tribunal
Putta Sudhakar Yadav vs State Of Andhra Pradesh on 28 October, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.7:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 195 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Putta Sudhakar Yadav ... Applicant(s)
Versus
The Chief Secretary,
Andhra Pradesh and others.
... Respondent(s)
Date of hearing: 28.10.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. Syed Sardar.
For Respondent(s): Mrs. Madhuri Donti Reddy for R1 to R7.
Mrs. M. Sumathi for R8.
ORDER
1. The grievance in this application is regarding alleged encroachment of around 304 Acres which is shown as 'Reserved Forest' area in Sy. No.506 B and 507 situated in Nandyalampet Village, S. Mydukur Page 1 of 7 Mandal, Y.S.R. District, State of Andhra Pradesh within the jurisdiction of Proddatur Division, Proddatur Range, Nagasnipalli Beat, 90 Compartment.
2. We have not admitted the matter, but we wanted to know about the genuineness of the allegations made by the applicant, from the Principal Chief Conservator of Forest, Head of Forest Force, State of Andhra Pradesh, apart from the State respondents. However, this Tribunal had dispensed with notice, as all the respondents entered appearance through standing counsel and notice was also directed to be issued, which impliedly shows that this Tribunal had intended to admit the matter though not appoint any committee to go into the question.
3. As directed by this Tribunal, the Forest Department has filed the report through 3rd Respondent where they have stated that though it was shown as 'Reserved Forest' in the revenue records, but the same has not been included in the notified reserve forest and it is not in the possession of the Forest Department, but it is in the possession of the Revenue Department. It was also mentioned that the joint survey by Forest, Revenue and Survey & Land Records is proposed to be taken up to assess the status of these lands which are adjacent to Lankamalla Reserve Forest notified under Section 16 of the Madras Forest Act, 1882 and Machupalli Forest Block under Section 4 of the Andhra Pradesh Forest Act, 1967.
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4. The 5th Respondent filed a counter wherein, they have stated that the joint survey held on 07.08.2021, gave a finding that the subject lands are not notified as 'Reserve Forest' and also not part of Lankamalla Reserve Forest or part of Tiger Corridor. 116 temporary D-Pattas were issued by the then MRO, Mydukur to the Schedule Caste people. In Sy. No. 507, cultivation was found in 137.00 Acres under rain fed crops. Guava, Sapota crop in 2.00 Acres and Mango cultivation in 6.83 Acres. Three bore wells are existing in the said survey number and only 6.53 Acres is covered with barbed wire fencing in Survey No. 507 Vibhavapuram Village is existing adjacent to the lands in Survey No. 507. The Joint Inspection report reveals that in the Adangals for Fasli Nos. 1406, 1412, 1415 and 1416, the land has been entered as "Forest" and the names of certain Ryots has been entered as enjoyers (encroachers). Many SC/ST /BC people of Jangamrajupalli Village of B. Mattam Mandal which is adjacent to Mydukur Mandal have been displaced from their village due to formation of Brahmmasagar Reservoir. Many of the displaced SC/ ST/ BC people have lost their lands due to formation of Reservoir. As they are landless poor people and displaced people and as this land in the Survey No. 507 of Nandyalampet Village is vacant and fit for cultivation and it is very near to Nandyalampet Village and adjacent to the forest, these landless poor displaced persons and some other people from Mydukur Mandai are cultivating the lands in Survey No. 506/B of Page 3 of 7 Nandyalampet Village since long back and they are raising crops every year for the last 20 years. To facilitate these land less poor people with assignments, the then District Collector, on the request of the Revenue Divisional Officer, Jammalamadugu has issued instructions dated 30.12.2004 to submit de-reservation proposals along with the details of the land identified for compensatory afforestation for onward submission to the Government through the Principal Chief Conservator of Forest, Andhra Pradesh for further course of action and in the meanwhile, permitted the Revenue Divisional Officer, Jammalamadugu to issue conditional provisional patta to the eligible persons by following due process of law. Accordingly, the then Tahsildar, Mydukur issued temporary Dara Kastu (DKT) land Pattas basing on the eligibility of the beneficiaries.
5. It is also mentioned that the compensatory forest proposal are also in progress. The detailed report and proposal will be submitted to the Government requesting for permission to grant DKT Pattas to the eligible Sivajiamadars in the above land and if necessary allotting alternate land to grow forest trees in lieu of the above land duly following Compensatory afforestation rules.
6. Further, it is seen from the nature of allegations made that they are in a way admitting that it is noted as 'Reserve Forest' in the Adangal extract, though not included in the notified reserve forest and it was only as Page 4 of 7 temporary arrangement, this has been done with a view to relocate certain people who have been affected by the reservoir project and they want to provide alternate land to the Forest Department.
7. It is also mentioned in the statement that the Principal Chief Conservator of Forest, Hyderabad vide RC.No.15116/2012-J1, dated 10.05.2012 has sent communication opposing the change of classification of the subject lands and that the classification of any land recorded as "Forest" in Revenue Records cannot be changed as it amounts to violation of Forest (Conservation) Act, 1980 in view of the decision of the Hon'ble Supreme Court in T.N. Godavarman Thirumalpad case. On that basis, the then District Collector directed the Revenue Divisional Officer, Jammalamadugu to identify alternate land in Mydukur area in consultation with the Divisional Forest Officer, Proddatur to allot the land to the Forest Department under compensatory afforestation and submit proposals for taking further action.
8. So, it is clear from this, there is some conflict between the Forest Department and Revenue Department in this regard. Under such circumstances, it is not proper for the same counsel to appear representing the Revenue Department as well as the Forest Department.
9. When this was pointed out, the learned counsel appearing for the State Departments submitted that she will make alternate arrangement to Page 5 of 7 entrust the matter to Mr. Akula Kishan who was representing the Forest Department in some other matters.
10. Since there is a dispute regarding the status of the land and also the applicability of the Forest (Conservation) Act, 1980 and there is opposition from the then Principal Chief Conservator of Forest to declassify the same, as it will amount to violation of the directions of the Hon'ble Supreme Court in T.N. Godavarman Thirumalpad case, we feel that it is better to direct the Chief Secretary, State of Andhra Pradesh to look into the issue and resolve the same and take appropriate steps in this regard taking into account the adjacent Reserve Forest and the Tiger Corridor and if any permission has to be obtained under the Forest (Conservation) Act, 1980, they can do any activity in this area only after complying with the provisions of the Forest (Conservation) Act, 1980.
11. The Chief Secretary, State of Andhra Pradesh is directed to file the report in this regard on or before 30.11.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
12. In the meantime, if the official respondents want to file any additional statement clarifying these aspects, they are at liberty to file the same before this Tribunal.
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13. The Registry is directed to communicate this order to the official respondents and also to the Chief Secretary, State of Andhra Pradesh by e-mail immediately for their information and compliance of the direction.
14. For making arrangement to appoint separate counsel for the Forest Department, State of Andhra Pradesh, additional statements (if any) to be filed by the official respondents and also for consideration of report to be filed by the Chief Secretary, State of Andhra Pradesh as directed, post on 30.11.2021.
Sd/-
.....................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Dr. K. Satyagopal) O.A. No.195/2020 (SZ), 28th October, 2021. Mn.
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