National Green Tribunal
Avadhesh Singh vs State Of Madhya Pradesh on 6 February, 2025
Item No.4
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.44/2024(CZ)
(I.A.No.143/2024)
Avadesh Singh Applicant (s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 06.02.2025
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
For Applicant (s): Mr. Gourvanvit Jain, Adv.
For Respondent(s) : Mr. Amit Mishra, Adv.
Mr. Prashant M. Harne, Adv.
Ms. Parul Bhadoria, Adv.
Mr.Om Shankar Shrivastava, Adv.
ORDER
1. Issue raised in this application is encroachment over Gazette Notified Protected Forest, vide Gazette Notification dated 30.07.2021 bearing Khasra No. 73, 84 and 92 to the extent of 1.236, 0.846, 1.828 hectares respectively situated in village Chandanpura, Tehsil Huzur District Bhopal, Madhya Pradesh by Respondent No. 6. Aforementioned area was declared Protected Forest by the Government of Madhya Pradesh exercise of powers conferred under Section 29 of the Indian Forest Act, 1927, and even after multiple government agencies have carried out numerous demarcations and 1 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
observed illegal encroachment of Respondent No. 6 over Protected Forest, in the tiger movement area no action has been taken by the authorities to remove the said illegal encroachment.
2. The matter was taken up by this tribunal and a committee consisting Principal Secretary (Environment), Principal Chief Conservator of Forest, Collector Bhopal and the Member Secretary, State Pollution Control Board was constituted with direction to submit the factual and action taken report. The members of the committee visited the site and submitted the report as follows :
"During inspection, Joint Committee visited the disputed site. The details observed during the inspection are mentioned as under: -
1. The site is located at Village Chandanpura, Tehsil Huzur, District Bhopal, Madhya Pradesh. The geographical location of the site is latitude 23° 10' 37.1172'' N and longitude 77° 23' 21.2604'' E.
2. The gate of Jagran Lake City University is on the north east of the site.
3. An existing bitumen road connects the Jagran Lake City University for access. The road passes through revenue Forest land. Jagran Lake City University is having only one approach road.
4. The surroundings of the access road and the main entry of the university are surrounded by forest land.
5. One "Nagar Van" developed by Forest department is situated adjacent to the University campus on south side of the main entrance of university.
6. The forest area is having very thick plantation and dense forest.
7. The Forest department officials provided the map which shows the hatched region as encroached land and had shown the committee members the encroached land which is Forest land and currently the University is having its entrance gate and approach road
8. This encroached area by the University is having green belt with ornamental plantation. No building construction is observed except the main gate, security hut and the entrance road.2
O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
9. The adjacent area which is presently in possession of the Forest department is secured by a 12 feet high wire mesh which separates the Forest land from the said encroached land by the University.
10. Within the campus of University the ornamental plants and green belt is developed all around the campus.
Information provided by the Forest Department In references to the present petition, information was sought from the Forest department. Forest department vide letter no. 5067 dated 25/04/2024 has provided the information. The copy of letter is enclosed as Annexure III. The main points of this communication are mentioned as under:-
1.1 The encroachment in the past was found on the khasra number 73 by 1.236 hectares, on the khasra number 84 by 0.846 hectares and on the khasra number 92 by 1.828 hectares, totaling 3.91 hectares.
1.2 In the appeal case no. 08/Appeal/2019-20 in the court of Tehsildar Revenue T.T. Nagar, Bhopal, a joint action was taken and encroachment of area 1.042 hectares from khasra no. 73, 0.595 hectares from khasra no. 84 and 1.828 hectare from khasra no.92, totaling 3.465 hectares was removed by Forest department, Revenue department and Municipal Corporation, Bhopal.
1.3 5The encroachment still remaining on the Forest land is 0.194 hectares on khasra no. 73 and 0.251 hectares on khasra no. 84, totaling 0.445 hectares which is still in possession of the respondent no. 6.
1.4 Application for Forest land diversion was submitted by the respondent no. 6 in Collector Office, Bhopal in the year 2019. Hence, the encroachment from 0.445 hectares was not removed by the Revenue department as the matter was pending in the Tehsil Court. That at present, land area on khasra number 73 is 0.194 hectare and area on khasra number 84 is 0.251 hectare which is still in the possession of the respondent no. 6 1.5 Later on, Gazette notification F-25-61-10-3 dated 16/07/2021 published on 30/07/2021, a total of 238.141 hectares of Chandanpura land was declared as protected forest area by the Government. Apart from other khasras of Chandanpura, the khasra numbers 73, 84 and 92 also fall in the declared protected forest area.
1.6 The land diversion application that was submitted by Jagran Social Welfare Society, Bhopal before the publication of the notification dated 30.07.2021 in the Collector's Office, 3 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
Bhopal, prior to the declaration of that area as a protected forest. It thus appears that due to the pendency of land diversion application, the encroachment from this land was not removed and that land has now come under the control of Forest department.
1.7 The Forest department has mentioned in its letter dated 25/04/2024 that as there was an encroachment on the Forest land in khasra no. 73 and 84 by Jagran Social Welfare Society, Bhopal before it was handed over to the Forest department, and hence the action to remove the said encroachment has to be taken by the Revenue department only.
1.8 The Forest department also submitted that Circle Officer Samardha has issued letters to Tehsildar, T.T Nagar, Bhopal vide letter no. 392 dated 12.02.2018, 1817 dated 17.06.2019, 3157 dated 16.09.2019, 2727 dated 17.12.2021 for taking action regarding encroachment in khasra numbers 73 and 84 by Jagran Social Welfare Society, Bhopal. Similarly, letter was issued by Forest Division, Bhopal, vide no. M.V./91 dated 04.01.2021 to Sub-Divisional Officer, T.T. Nagar.
1.9 Also, Forest Division, Bhopal has issued letter vide no.
2/3385 dated 26/12/2023 and 1303 dated 12/04/2024 to Sub-divisional Officer, (Revenue) T.T. Nagar, Bhopal regarding the removal of encroachment done by Jagran Social Welfare Society, Bhopal on khasra no. 73, 84 to the extent of 0.194 hectare and 0.251 hectare respectively. 1.10 Meanwhile, online application to the Forest department vide proposal no. FA/MP/OTHERS/149148/2021 has been made by Jagran Social Welfare Society, Bhopal for diversion on area of 0.9 hectares which is now a reserved forest area and action in this regard is under consideration with the Forest Department. The encroached area of 0.445 hectare is included in this application.
Information provided by the Jagran Social Welfare Society
1. In reference to the order of Hon'ble NGT dated 09/05/2024, an opportunity of hearing was provided to the respondent no. 6. The reply submitted by Jagran Social Welfare Society dated 21/06/2024 is enclosed as Annexure IV. The main issues raised by the respondent are mentioned as under:-
1.1 That the Jagran Social Welfare Society, Bhopal is holding 25 acres of land comprising khasra no. 83/2/2, 83/2/3, 83/2/4, 83/2/5 which was purchased by the society and its members.4
O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
1.2 That none of the said khasra no's. which are held by respondent no. 6 are part of the khasra no. of the forest block Chandanpura which have been declared as protected forest under section 29 of the Indian forest act 1947.
1.3 That thereafter, having purchased the said 25 acres of land the respondent no. 6 Jagran Social Welfare Society obtained the permission dated 09/04/2009 from the Town and Country Planning, Bhopal and the building permission dated 24/04/2009 from the BMC, for the development of an integrated residential management school on the said land and initiated development on the said land in accordance with the said permission.
1.4 The respondent no. 6 also submitted that during the demarcation exercise which was undertaken by the revenue authorities in presence of forest authority in furtherance of a complaint before the Lokayukt as regards the encroachment on forest lands, it was revealed that out of the 25 acres a portion of 1.10 acres on demarcation has been found to be forest land and a part of khasra no. 73 and 84, and a portion and equivalent area of 1.10 acres of khasra no.
82/2/3 which is in the ownership of the society has been found in the possession of the forest department and that the equivalent portion of land having been mis- exchanged between the respondent society and forest department. This is not a result of any deliberate encroachment but has taken place owing to wrongful demarcation exercise at the time when the possession of the land was handed over to the respondent no. 6 by the land owners.
1.5 The respondent no. 6 also submitted before the committee his contentions pertaining to peculiar geometry of the site and that the Government land in possession of the respondent society and the respondent society's land in the possession of the Government is a result of an error in the demarcation exercise at the time the possession was handed over to the society. That may have happened because the demarcation was done by way of chain-link demarcation process and the demarcation in the recent years is done by way of Total Station Method (TSM) and other advanced technologies, which may have been the reason for the said anomaly and is not any deliberate action.
1.6 It has also been submitted by the respondent no. 6 that on being made aware of the fact that land of the society is in possession of the Government and the land of the Government is in the possession of the society. The society applied for said lands to be exchanged; however the said process could not be completed owing to some changes in the policy of Government of M.P. However, the said matter was approved to an advanced stage and inspections were done to facilitate this land exchange.
5O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
1.7 Meanwhile, due to the Gazette notification F-25-61-10-3 dated 16/07/2021 published on 30/07/2021, the whole area was declared protected forest which was earlier revenue land.
1.8 It is requested by respondent no. 6 that the best solution in the interest of the environment and forest is to enable the exchange of the land in the possession of the society with the land in the possession of the Government, as the land of the society has already been developed as a "Nagar Van" and the said area is adjoining the khasra no. 92 on which "Nagar Van" has been established.
1.9 It has also been submitted by the Jagran Social Welfare Society that the allegation of encroachment on khasra no. 73 admeasuring 1.236 hectares, khasra no. 84 admeasuring 0.846 hectares, khasra no. 92 admeasuring 1.828 hectares is completely false and the said land never belonged to the respondent nor any wall was built by them to encroach the Government land.
Findings of the Joint Committee 1 As per the record of Forest department, the land which is still in possession of Jagran Social Welfare Society is 0.194 hectare on khasra no. 73 and 0.251 hectare on khasra no. 84, totaling 0.445 hectares.
2 The area which was previously Revenue land was declared as a reserved forest vide Gazette Notification dated 16/07/2021.
3 Now, Jagran Lake City University has submitted an application before the Forest department for the diversion of Forest land,which is pending before the DFO.
4 As per the submissions by Jagran Social Welfare Society, the land which has been encroached by the University is due to error in demarcation process of the land. Resultant that its land is in the possession of Government and the society is having possession of that Government land which is presently Reserve Forest land since 16/07/2021.It is however a matter of further verification whether the said land belonging to the Jagran Social Welfare Society is in possession of Government/Forest department. 5 In view of above points, Joint Committee is of the opinion that as the encroachments is found on Forest Land of 0.194 hectare of khasra no. 73 and 0.251 hectare on khasra no. 84 and the matter of diversion of land is in process with the 6 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
Forest department, therefore the land matter be resolved as per the prevailing laws and procedure of Forest department.
3. Notices were also issued to the respondent and in reply thereof the reply has been filed. We have heard the Learned Counsel for the parties and perused the record. Contention of the Learned Counsel for the respondent no. 6 are that the application is beyond law of limitation and that a petition was filed before the Hon'ble High Court as W.P. No. 1482 of 2018 and the Hon'ble High Court passed the order for demarcation of the land. It is further submitted that determination of the encroachment is within the purview of Revenue Authorities under the Madhya Pradesh Land Revenue Court and the power to demarcate forest lands as per section 8 of Indian Forest Act,1927 has been entrusted upon the Forest Settlement Officer, however, the notifications issued by the State has not been denied.
4. It is further submitted that the Collector Bhopal constituted a committee to undertake demarcation and during the demarcation the demarcation exercise was undertaken by the revenue authorities in furtherance of a complaint before the Lokayukt as regards the encroachment on forest lands and it was revealed that out of the 25 acers, a portion of 1.10 acres on demarcation has been found to be forest land and a part of khasra no. 73 and 84, and a portion and equivalent area of 1.10 acres of khasra no. 82/2/3 which is in the ownership of the society has been found in the possession of the forest department. The equivalent portion of land having been exchanged between the Respondent society and forest department is not a result of any deliberate encroachment but has taken place owing to wrongful demarcation exercise at the time when the 7 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
possession of the land was handed over to the Respondent no. 6 by the land owners and further argued that the matter is pending before the Revenue authorities and Hon'ble High Court.
5. Submission of the Learned Counsel for the applicant are that the respondent has made encroachments on the government property / forest land and the public officers/authorities concerned have not acted bonafidely and the land of the forest was subject to encroachment and violating the environmental norms and ecological balance and aggrieved by the non-action a writ petition was filed bearing M.P. No.1482/2018 which was decided as disposed off vide order dated 21/03/2018 as follows :-
""Shri Dhruv Verma, learned counsel for the petitioner.
Shri Naveen Dubey, learned Govt. Adv for respondent-State.
Being aggrieved by inaction of the Collector, District Bhopal and his subordinate officers in not performing their duties regarding demarcation despite depositing the requisite fee, this petition has been filed. In these circumstances, this petition is disposed of with the direction to Collector, District Bhopal as also his subordinate officers that they shall take appropriate steps for demarcation as applied by the petitioner in accordance with law within one month from the date of production of certified copy of this order. With the aforesaid direction, this petition stands disposed of.
6. After the demarcation report prepared clearly indicates that the respondent no. 7 was found in illegal possession of government land in the following manner :
s. Name of Village Khas Area Description Area found in Type of n. ra encroachmen encroach No. t ment 1 Chandanpura 73 12.133 Kabil Kasta and 1.236 hect. Boundary Government Department wall 2 Chandanpura 84 5.462 Forest 0.846 hect.
department 3 Chandanpura 92 5.937 Other 1.828 hect.
Government Department 8 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
7. On the request of the respondent a new demarcation was executed by revenue officers where in encroachment was found and encroachment on land detailed report dated 07.10.2019 was signed by ten Revenue Inspector / officers clearly indicates that the respondent No.7 & 8 was found in illegal possession of government land and same was submitted in Napti / Demarcation case no. 11/A-12/17-18 before tehasildar T.T. Nagar, Bhopal. The respondent No.7 had encroached the land of the Forest Department and other government departments. It is also noteworthy to mention that in another demarcation conducted on nearby khasra No.73, 74, 83, 84, 92, 93 and 94 various encroachment was found which are as follows:-
S. Khasr Area in Description Unauthorise Remark N a no. hectar d s . e 73 12.133 Kapil kast, 1.236 hect. Boundary Red ink hect. M.P. State wall in map forest department high-tech plantation land 2 74 11.513 Other 0.027 hect. Boundary Black hectar government wall ink in e forest map department high-tech plantation 3 83/2/ 2.024 Ratanlal 0.906 According Out of K Chandani to batan bounda S/o surround ry wall Chandarlal ed by 2.024 Chandani boundary hecatar wall e (red (Green ink ) ink 4 83/2/ 4.858 Jagran - - Since K 0.809 Welfare Batan h Hectar society was not 83/2/ e through indicate G Shri d in Harimohan map Gupta S/o the said Gurudev khasra, 9 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
Gupta markin
g has
been
drawn
(brown
ink)
5 83/2/ 2.024 Harimohan - - Since
Gh Hectar Gupta, S/o Batan
e Gurudev was not
Gupta indicate
d in
map
the said
khasra,
markin
g has
been
drawn
(brown
ink)
6 83/2/ 2.429 Deepa - - Since
da Hectar Gupta, W/o Batan
e Shri was not
Harimohan indicate
Gupta d in
map
the said
khasra,
markin
g has
been
drawn
(brown
ink)
7 84 5.462 Governmen 0.846 Boundar Blue
Hectar t State of Hectare wall ink
e M.P. Forest
Deptt.
Hightech
Plantation
8 92 5.937 Other Govt 1.828 Boundary Pink
Hectar Forest Hectare wall ink
e Deptt.
Hightech
Plantation
9 93 2.306 M.Commodi 0.147 Boundary Light
Hectar an Real Hectare wall Blue
e Estate Pvt. ink
Ltd.
1 94 0.138 Pathway 0.030 Boundary Violate
0 Hectar (State of Hectare wall ink
e M.P.)
10
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8. The contention of the applicant are that as per section 248 of the M.P. Land Revenue Code, 1959 any person PENALTY FOR UNAUTHORISEDLY TAKING," POSSESSION OF LAND.--
(1) Any person who unauthorisedly takes or remains in possession of any unoccupied land, abadi, service land or any other which has been set apart for any special purpose under Section 237 [ or upon any land which is the property of Government, or any authority, body corporate, or institution constituted or established under any State | enactment,]| may be summarily ejected by order of the Tahsildar and any crop which may be standing on the land and any building or other work which he may have "constructed thereon; if not removed by him within such time as the Tahsildar may fix shall be liable to forfeiture.
Any property so forfeited shall be disposed of as the Tahsildar may direct and the cost of removal of any crop, building or other work and of all works necessary, to restore the land to its original condition shall be recoverable as an arrear of land revenue from him. Such person shall also be liable at the discretion of the Tahsildar 4 [to a five with may extend to One Lakh rupees] and to a further fine which may extend to 3 [ five hundred rupees in nonurban area and two thousand rupees in urban-area] for every day on which such unauthorised occupation or. possession continues after the date of first ejectment. The Tahsildar may apply the whole or any part of the fine to \ compensate persons, who may in his opinion have suffered loss or injury from the encroachment:
Provided that the Tahsildar shall not exercise the powers conferred by this sub-section in regard to encroachment made by buildings or works constructed --
(i) in the Mahakoshal region--
(a) in areas other than the merged States before the first day of September, 1917; (b) in the merged States, before the third day of April, 1950;
(ii) in the Madhya Bharat region, before the fifteenth day of August, 1950;
(iii) in the Vindhya Pradesh region, before the first day of April; 1955;
(iv) in the Bhopalregion, before the eighth day of November, 1933; and Explanation. -- For the purposes of this sub-section "Merged States" shall have the meaning assigned to it in the Madhya | Pradesh Merged States Laws (State) Act, 1950 (XII of 1950).11
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(v) in the Sironj region, before the first day of July, 1958 1 [(1-A) On a resolution duly passed by the Gram Panchayat in respect of any unauthorised possession, the Tahsildar shall start and complete the proceedings under this section within thirty days from the date of receipt of the information of such resolution and shall communicate the action taken by him to the Gram Panchayat.] (2) 2 [ Deleted]. 3 [(2-A) If any person continues in unauthorised occupation or possession of land for more than seven days after the date of order of ejectment under subsection (1), then without prejudice to the fine that may be imposed thereunder the Sub-Divisional Officer shall cause him to be apprehended and shall send him with a warrant to be confined in a civil prison for a period of fifteen days in case of first ejectment and 4 [six months] in case of second or subsequent ejectment Provided that no action underthis sub-section shall be taken--
(i) unless a notice is issued calling upon such person to appear before the Sub-Divisional Officer on a day to be specified in the notice and to show cause why he should not be committed to the civil prison;
(ii) in respect of encroachments on Government and Nazul lands for the settlement of which the Government have issued orders from time-to-time.
Provided further that the Sub Divisional Officer may order the release of such person from detention before the expiry of the period mentioned in the warrant if he is satisfied that the unauthorised possession has been vacated.
Provided also that no woman shall be arrested or detained Under this sub-section.
(2-B) The State Government may makerules for the purpose of carrying into effect the provisions of sub-section (2- A). (3) 2 [Deleted] (4) 1 [Deleted]"
9. Further argument of the Learned Counsel for the applicant are that vide site inspection dated 10.03.2022, the District Forest Officer, Bhopal has given categorical finding that the said land compromising of Khasra No. 73 and 84 was encroached upon by the Respondent no.7 and the land forms part of protected forest and in view of the Forest (Conservation) Act, 1980 Section 2 provides- such encroachment as illegal. Section 2 is quoted below :12
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Sec 2. Restriction on the de-reservation of forests or use of forest land for non forest purpose: Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing-
(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;
(ii) that any forest land or any portion thereof may be used for any non-forest purposes;
(iii) (iii) that any forest land or any portion thereof may be assigned by way of lease of otherwise to any private person or to any authority, corporation, agency or any other Organisation not owned, managed or controlled by Government.
(iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for afforestation.
Explanation - For the purpose of this section "non- forest purpose" means the breaking or clearing of any forest land or portion thereof
(a) the cultivation of tea, coffee, species, rubber, palms, oil-bearing plants, horticultural crops of medicinal plants;
(b) any purpose other than re-afforestation, but does not include any work relating or ancillary to conservation, Development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and Construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.
10. The Supreme Court in Hinch Lal Tiwari v. Kamal Devi and others - AIR 2001 SC 3215, stated that --
demands of economic development must be made without compromising the natural resources of the earth which this generation holds in trust for future generation. The order of inter- generational equity has to be remembered and in fact in the Rio Declaration, to which India is a party, it has been affirmed that environmental protection constitutes an integral part of 13 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
sustainable development and cannot be isolated from it.19.Persistent developmental activities, ignoring the need to protect natural resources, have caused irreparable damage. It is also necessary that the State shall not invoke Section 12 of the Act which results in alienation of tank poramboke lands citing "public interest". Protection of water resources is as much as a public interest issue as any other requirement. The Government may also bear in mind that water resources have to be protected while issuing patta to persons who claim to have resided in the same place for a number of years.
11. The madras high court in Smt. Logammal vs The District Collector W.P. No.33883/2012 dated 11.09.2018 has held as under :-
"If the Officials are inactive and in sensitive towards the encroachments in public lands and water bodies it would amount to infringing the constitutional rights of other citizens, who are residing in the nearby places from water bodies, as the same would affect the other citizens to get sufficient water. Thus, the infringement amounts to violation of constitutional rights ensured to all other citizens. It is the duty of the State to preserve the water bodies and prevent ecological imbalances. Such being the constitutional perspectives and duty of the State, the State authorities are Bound to act in respect of all such encroachments. In W.P.No.4779 of 2015 dt.13.08.2018, this Court passed an order as below:-
11.ENCROACHMENT --- AS AN ISSUE:-
(1) The Black's Law Dictionary defines encroachment as "an infringement of another's rights; an interference with or intrusion onto another's property". The word 'Encroach' is defined as "to enter by gradual steps or stealth into the possessions or rights of another; to trespass or intrude; to gain or intrude unlawfully onto another's lands, property or authority". Thus, it is unambiguous that encroachment is an offence. Encroachment amounts to a criminal trespass into the property belongs to another. (2) The definition of encroachment is also defined in Section 2(1)(c) of the Tamil Nadu Land Encroachment Act, 1905 (Act III of 1905). Encroachment means, unauthorised occupation of land and public land by way of putting temporary, or permanent structure for residential or commercial use or any other use.
(3) The encroachment process gradually gains momentum from the following factors:-
(i) Lack of periodical monitoring;
(ii) Weakening of Social bondage;
(iii) People's justification of their position by citing wrong examples;14
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(iv) Delayed realisation of the ill-effects caused by encroachments;
(v) Negligence of Government functionaries and lack of timely action. However, it is pertinent to note the fact that the basis of the alarming rise of encroachment is the greed, selfishness, and jealousy of people.
(4) Section 441 of the Indian Penal Code States; "whoever enters into or upon property in the possession of another with intent to commit an offence -- or to intimidate, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit 'criminal trespass'." The term 'criminal trespass' has been defined in Black's Law Dictionary as "a person who enters on the property of another without any right, lawful authority or an express or implied invitation or licence". But when trespass is committed with a criminal intention, it is treated as an offence and is made punishable under the Indian Penal Code. A punishment is that "whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or http://www.judis.nic.in with fine which may extend to five hundred rupees,or with both.
(5) The land encroachment is a social evil. Encroachment is a passive form of land grab movement, which mirrors man's innate greed for land and his natural tendency towards aggrandizement of wealth in any form. Encroachment of Government property is a loss not only for the Government but also the public, as huge amount of money would be spent again to acquire new property.
(6)The Government lands are for the welfare of the public in general and to create common infrastructure for the usage and benefit of, we the people of India. Thus, the matter of encroachment of Government land cannot be treated ordinarily and it should be treated as a grave offence against, the State.
(7) Article 300-A of the Constitution of India deals with persons not to be deprived of property save by authority of law. No person shall be deprived of his property save by authority of law. Thus, the State being a "person", cannot be deprived of its right of property and any intruder is liable to be prosecuted under the provisions of the Land Encroachment Act as well as under the Penal Law. Thus, this Court is of the opinion that the rights conferred to a person under Article 300-A of the Constitution of India, is certainly available to the State and the State has got every right to initiate appropriate legal action against the encroachers.15
O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
The preamble of the Constitution 'WE THE PEOPLE OF INDIA', is the heart and soul of the Constitution.
Article 12 of the Constitution provides definition for the State. Accordingly, 'the State' includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Thus, State is a person and therefore, all public lands belong to the State and we the people of India are the owners of the land. Thus, the right of property provided under Article 300-A is to be extended to the State as a person. In other words, the property belongs to the State is also protected under Article 300-A of the Constitution of India. Thus, any encroacher of a public/Government land is certainly depriving the right of property of the State to possess the same under Article 300-A of the Constitution of India. Therefore, the question of de-linking such encroachers otherwise will not arise at all. Question of extending the equality clause or the discrimination clause will not arise at all to the encroacher as an offender and an offender citing the offence committed by one offender, another one cannot claim that he should also be exonerated from the offence. Such a dangerous proposition, cannot be adopted at any circumstances and in the event of connivance with the officials in this regard also to be viewed very seriously. (9) This Court wishes to ask a question whether any citizen of this country will allow another citizen to encroach the property owned by him. Litigations in lakhs and lakhs are pending before various Courts in our Great Nation only to establish the rights of such citizen in respect of their property. Such being the law of this country, how a http://www.judis.nic.in State land can be allowed to be encroached by another citizen and such offences are dealt in a casual manner by the officials. Due to the constant increase of market value of the immovable property in this Great Nation, the public officials are also contributing for the dilution of the implementation of various laws in this regard, more specifically, while dealing with the Government lands. Such actions deserve to be condemned and such officials are to be dealt with iron-heart and no leniency can be shown to such public officials.
12. That, according to the MPLRC, 1959-
131. Rights of way and other private easements-- (1) In the event of a dispute arising as to the route by which a cultivator shall have access to his field or to the waste or pasture lands of the village, otherwise than by the recognized roads, paths or common land, including those road and paths recorded in the village Wajib-ul-arz prepared under Section 242 or as to the source from or course by which he may avail himself of water, a Tahsildar may, after local enquiry, decide the matter with 16 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
reference to the previous custom in each case and with due regard to the conveniences of all the parties concerned. (2) No order passed under this section shall debar any person from establishing such rights of easement as he may claim by a civil suit.
[132. Penalty for obstruction of way, etc.--Any person who encroaches upon, or causes any obstruction to the use of a recognised road, path or common land of a village including those roads and paths recorded in the village Wajib-ularz or who disobeys the decision of a Tahsildar passed under Section 131, shall be liable, under the written order of a Tahsildar stating the facts and circumstances of the case, to a penalty which may extend to 3[ten thousand rupees].
[133. Removal of obstruction--If a Tahsildar finds that any obstacle impedes the free use of a recognised road, path or common land of a village or impedes the road or water course or source of water which has been the subject of a decision under Section 131, he may order the person responsible for such obstacle to remove it and if such person fails to comply with the order, may cause the obstacle to be removed and may recover from such person the cost of removal thereof and such person shall be liable, under the written order of a Tahsildar stating the facts and circumstances of the case, to a penalty with may extend to ten thousand rupees.]
13. The submission of the Jagran Social Welfare Society Bhopal are that the holding of 25 acres of land was purchased from the members and the respondent has obtained the permission from the Town and Country Planning Department, Bhopal with building permission from the BMC and later on when the matter of encroachment was raised before the Lokayukt it was found that out of the 25 acres a portion of 1.108 acres on demarcation has been found to be forest land and a part of Khasra no. 73 and 84 and a portion an equivalent area of 1.10 acres of Khasra No. 82/2/3, which was in the ownership of the society has been found in the possession of the forest department.
14. Application for exchange of the land has been moved by the respondent before the appropriate authority. In reply thereof the Learned Counsel for the applicant has submitted that since 17 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
respondent no. 6 has filed an application for exchange of land under the provisions of Forest Conservation, Act 1980 thus, the matter false within the jurisdiction of the National Green Tribunal and that matter is also pending in W.P. No. 4511 of 2023. It is further argued that actions of the respondents are in violation of order of Hon'ble Supreme Court in judgment (T.N. Godavarman Thirumulpad vs. Union of India 1997) 2 SCC 267 and that Respondent No. 6 has unlawfully extended their activities to encroach upon land bearing Khasra No. 78, measuring approximately 54 acres, located in Village Chandanpura, Tehsil Huzur, District Bhopal (M.P.). This encroachment has been further aggravated by the unauthorized construction of a guest house on the said land, carried out without obtaining any requisite permissions or clearances from the competent authorities. Such actions have been undertaken in blatant disregard of the applicable environmental and land-use regulations, including those enshrined in the Forest (Conservation) Act, 1980, and other relevant statutory frameworks governing protected or ecologically sensitive areas. It is also significant to note that Khasra No. 78 is characterized by dense plantation, qualifying it as a deemed forest as per the principles laid down in T.N. Godavarman Thirumulpad v. Union of India [(1997) 2 SCC 267], thereby necessitating strict compliance with forest conservation laws. The principles of sustainable development but also pose a serious threat to the ecological balance, biodiversity, and environmental integrity of the region. Such actions undermine the public trust doctrine and warrant immediate intervention by this Hon'ble Tribunal to restore the encroached land, ensure compliance with environmental norms, and hold the respondent accountable for their unlawful activities. 18 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
15. The submissions and arguments advance by the Learned Counsel for the Forest and State Government are that a revenue case for demarcation was filed before Tehsildar, T.T. Nagar bearing Revenue Case No. 11/अ-12/2017-18, wherein it was observed that Jagran Social Welfare Society, Bhopal (Respondent No. 6), had encroached on land bearing Khasra No. 73 admeasuring 1.236 hectares, Khasra No. 84 admeasuring 0.846 hectares, and Khasra No. 92 admeasuring 1.828 hectares. The encroachment by Jagran Social Welfare Society, Bhopal, remains on 0.194 hectares of Khasra No. 73 and 0.251 hectares of Khasra No. 84, Village Chandanpura. The Government of Madhya Pradesh, vide Notification dated 16.07.2021, published in the Official Gazette on 30.07.2021, declared the land of Village Chandanpura, including Khasra Nos. 73, 84, and 92, among other Khasra numbers, as protected forest land in exercise of powers conferred under Section 29 of Chapter IV of the said Act. The encroachment by Jagran Social Welfare Society, Bhopal, on the land comprising Khasra Nos. 73 and 84 existed prior to the transfer of these lands to the jurisdiction of the Forest Department. Given that the encroachment was established before the designation of this land as forest area, the authority to undertake measures for the removal of the said encroachment remains with the Revenue Department. The answering respondent vide letters dated 12.02.2018, 17.06.2019, 16.09.2019, and 17.12.2021, requested the Revenue Department to initiate action against the encroachment. Furthermore, Divisional Forest Officer Bhopal vide letter dated 04.01.2021 requested the Sub Divisional Officer, T.T. Nagar Bhopal to initiate a joint survey for taking action against the encroachment in the government forest land 19 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
hectares) and Khasra No. 84 (0.251 hectares). The answering respondent vide Letter dated 26.12.2023 and 12.04.2024, directed the Sub Divisional Magistrate, T.T. Nagar Bhopal to remove of the encroachment by Jagran Social Welfare Society, Bhopal, on the forest land of Khasra No. 73 (measuring 0.194 hectares) and Khasra No. 84 (measuring 0.251 hectares). That, Respondent No. 6 had previously submitted an online application/proposal for the diversion/exchange of the encroached area, designated as FA/MP/OTHERS/149148/2021. In response, the Additional Principal Chief Conservator of Forests (Land Management), Madhya Pradesh, Government has not been granted in this matter. Consequently, in accordance with the decision taken by the State Government, the case has been deemed invalid and that the matter with regard exchange of the land or the diversion of the land under proposal submitted online by the respondent no. 6 has been turned down by the State Government. Thus, the matter is not pending at present.
16. In view of the above facts, the matter is crystal clear for the reasons that the Hon'ble High Court vide order dated 21.03.2018 passed in petition no. 1482/2018 had directed the authorities concerned to demarcate the land according to law and the District Magistrate has constituted a committee to demarcate the land and the land have been demarcated and it was found that the portion of the land as narrated in the application are subject matter of the encroachment by the respondent no. 6 and repeated letters and orders have been issued by the authorities concerned to remove the encroachment. Since the matter has been finalized by the State authorities and the proposal for exchange or changing the nature have been turned down by the State Government thus, the matter will be dealt with in 20 O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.
accordance with the Forest (Conservation)Act and the encroachment found by the Revenue authorities are required to be removed immediately according to rules.
17. In view of the above submissions and records and orders of the Hon'ble High Court and the decision taken by the revenue authorities, we direct that the encroachment which was found and demarcated by the revenue authorities must be removed immediately and the land should be given in the possession of the forest department as per demarcation. Issues concerned in W.P. No. 4511 of 2023 (PIL) shall be governed by the order of Hon'ble the High Court. The respondent/State Authorities are directed to execute the order passed in W.P. No. 1482 of 2018 subject to further decision in W.P. No. 4511 of 2023.
18. With these observations the Original Application No. 44/2024(CZ) along with I.As stand disposed of. A copy of the order be communicated to the Chief Conservator of forest, State of MP, Member Secretary, State Pollution Control Board for compliance.
Sheo Kumar Singh, JM
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Dr.Vijay Kulkarni, EM
6th February, 2025
O.A. No. 44/2024(CZ) .
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O.A. No. 44/2024(CZ) Avadesh Singh vs. State of Madhya Pradesh & Ors.