National Green Tribunal
Mohaque Mehra vs The State Of Karnataka on 10 December, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Tuesday the 10th day of December, 2024
Original Application No. 87 of 2022(SZ)
(Through Video Conference)
IN THE MATTER OF
Mohaque Mehra
C/o Deepak Mehra,
Abbana Village, Alur Taluk,
Hassan, Karnataka- 573214.
...Applicant(s)
Versus
1. The State of Karnataka,
Rep by its Principal Chief Conservator of Forests,
4th Floor, Aranya Bhavan,
Malleshwaram,
Bangalore, Karnataka- 560012.
2. The Assistant Conservator of Forests,
1st Floor, Aranaya Bhavan,
Near Dairy Circle,
Hassan, Karnataka- 573201.
3. Range Forest Officer,
Byrapura Range,
Alur Taluk, Hassan District,
Karnataka- 573201.
4. Assistant Commissioner of Revenue Department,
Town Hall, BM Road,
Sakleshpur, Hassan District,
Karnataka- 573134.
5. Tahsildar,
Taluk Office,
Alur Taluk, Hassan District,
Karnataka- 573213.
...Respondent(s)
For Applicant(s): Mr. Sai Sathya Jith.
For Respondent(s): Mr. Rajat Jonathan Shaw for Mr. K.M.
Darpan for R1 to R5.
Judgment Reserved on: 25.11.2024.
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CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The applicant resident of Abbana Village has filed the above Original Application alleging illegal encroachment, unauthorized constructions and non-forest activities taking place in forest land situated in Survey No. 128, Abbana Village, Alur Taluk, Hassan District.
2. The applicant claims to be agriculturist and owner of about 40 acres land in Sy. No. 137/3, 144/1, 145, 146, 147/1, 148/1, 148/2, 149 and 151 of the above mentioned village which is close to a forest area comprised in Sy. No. 128 of Abbana Village. According to the applicant Sy. No. 128 consists of 70.32 acres of forest land, an extent of 3.20 acres (Sy. No. 128/1) was reserved as land for poor and landless people under the 'Ashraya Yojana Scheme' for housing the poor and landless and remaining extent of about 67.12 acres of forest land was demarcated as Sy. No. 128/2. It is stated that despite the sub-division, the boundaries for the 3.20 acres allotted under the scheme have not been demarcated, leading to widespread encroachments and misuse of the forest land.
3. It is alleged that unauthorised persons, who do not qualify as beneficiaries under the 'Ashraya Yojana Scheme' have encroached approximately 11 acres of forest land and undertaken illegal 2 construction and commercial activities including coffee and silver oak plantations.
4. The grounds raised by the applicant are:
(i) There is no proper demarcation and boundary marking as per 'Ashraya Yojana Scheme' to the extent of 3.2 acres inside the forest area in Sy. No. 128.
(ii) The encroachers, who are residing inside the forest are neither poor nor landless and have no right as the 'Ashraya Yojana Scheme'.
(iii) The encroachers have put up constructions in a total extent of 11 acres which is about 08 acres more than what is permitted in the 'Ashraya Yojana Scheme'.
(iv) The encroachers are continuing to expand their construction and are indulged in coffee plantation, silver oak plantation which are prohibited as per law.
5. The applicant further submits that the inaction of the state authorities in addressing these illegalities has resulted in deforestation and environmental degradation and on the above grounds has sought for following reliefs:
(i) Direct the respondents to demarcate the extent of 3.20 acres for the purpose of 'Ashraya Yojana Scheme' inside the forest land in Sy. No. 128 with proper survey and marking of boundary in terms of the original allocation as per the 'Ashraya Yojana Scheme'.
(ii) Direct the respondents to remove any unauthorised or illegal person/encroacher insider the forest lands in Sy.
No. 128 and evict them from any construction and remove the illegal encroachments and constructions made.
(iii) Direct the respondents to survey and protect the remaining extent of 67.12 acres of forest land in Sy. No.
128.
(iv) Direct the respondents to take action and initiate criminal proceedings against wrong doer and encroachers in Sf. No. 128 of Abbana Village.
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6. The 2nd respondent, Assistant Conservator of Forest, filed its action taken report dated 08.02.2024 stating that from 1992-93 to 1995-96, the land in Survey No. 128 of Abbana Village was classified as Gomala Land, reserved for animal grazing, as per the original RTC and Akarbandh records. The total extent of this land was 67 acres 12 Guntas, recorded in the name of the Karnataka Forest Department. Additionally, 3 acres 20 Guntas of this land were allotted under the 'Ashraya Yojana scheme'. However, this allotment was later cancelled by the District Magistrate, Hassan, on 15.04.1994, and the Karnataka Forest Department subsequently planted trees on the entire 70 acres 32 Guntas, maintaining possession of the entire area.
7. On 03.09.2022, the Range Forest Officer, Alur Range, Alur, requested the Tahsildar and Assistant Director of Land Records to conduct a detailed survey of Survey No. 128. Accordingly on 12.07.2023, a joint survey was initiated by the Assistant Director of Land Records, Alur Taluk. Further efforts to obtain a demarcated map of the land were made by the Deputy Conservator of Forests, Hassan Division, on 18.07.2023, requesting assistance from the Deputy Commissioner, Hassan, Tahsildar, and Assistant Director of Land Records.
8. On 04.08.2023, a joint survey was conducted by the Taluk Surveyor and Deputy Range Forest Officer of the Kenchammana Hoskote Section. The demarcated map of the land was provided on 25.10.2023 by the Deputy Director of Land Records, Hassan. The survey findings revealed that 09 acres 34 Guntas of forest land had been unlawfully occupied by encroachers. 4
9. In response to the unlawful encroachments, on 23.11.2023, the Range Forest Officer, Alur Range, registered forest offence cases against the unauthorized occupants. On 02.01.2024, proceedings under Section 64A of the Karnataka Forest Act, 1963, were initiated by the Assistant Conservator of Forests and Technical Assistant to the Deputy Conservator of Forests to evict the illegal occupants from the forest land.
10. The 1st respondent, Principal Chief Conservator of Forest, filed its initial report on 11.03.2024. It is stated that the 1 st respondent visited the Abbana Village along with Revenue and Forest officials including the Deputy Commissioner, Hassan, the Assistant Commissioner, Sakaleshpur sub-division, the Deputy Conservator of Forests, Hassan, the Assistant Conservator of Forests, Hassan. It was noticed that as per the Record of rights and Tenancy (RTC), the land bearing Sy. No. 128 in Abbanna Village is a "Gomala" land (Pasture land) in control of the Revenue Department from at least 1964-65 to 1994-95. In the year 1992- 93 vide order dated 10.09.1992 an extent of 03 acres 20 Guntas of land was reserved for Ashraya Housing scheme which intended to provide 96 house site of 40x30 feet size to the economically weak families with financial help to construct housing units for them and accordingly pattas were created. But the reservation of 03 acres 20 guntas was cancelled and the process is not fully complete.
11. Further, it is seen in the Mutation Register of Alur that Sy. No. 128 of Abanna Village, an extent of 83 acres 00 guntas is transferred to "Social Forestry Circle" for raising forest. One of the conditions 5 imposed is that the land can be reverted back if needed for public or government purposes. It is stated that the transfer is not in favour of "Forest Department" but the Social Forestry Department". Which implies that the control is with Administration and not with Forest Department.
12. It is stated that upon the mutation made of the 70 acres 32 guntas of land in Sy. No. 128 of Abanna village, 67 acres 12 guntas is in the possession of the "Social Forestry Department" and 3 acres 20 guntas in the possession of Revenue or Rural Development and Panchayath Raj Department. It is also stated that the events pertaining to reserving of land for Ashraya Scheme, its subsequent decision to cancel the reservation, giving of pattas and its withdrawal are not totally entirely bereft of confusion as some of the pattas are available in the office of the Tahsildar.
13. With regard to the encroachments, it is stated that Forest Department filed criminal complaints against the encroachers, initiating eviction proceeding after the survey sketch was received from the Land Records Department.
14. Pursuant to the order of this Tribunal dated 12.03.2024, the 1 st respondent filed another report dated 04.05.2024 stating that a meeting was convened by the Chief Secretary of Karnataka on 25.03.2024 to address the issue of land classification and encroachments. The Chief Secretary reviewed the RTC records, Mutation Register (MR), Akarband and other documents related to the land and it was noted that in 1996, the land was mutated and transferred in favour of the 'Social Forestry Department. It was 6 also determined in the meeting that the land in Survey No. 128 belongs to the Revenue Department.
15. It was also decided that instead of eviction being done by the Forest Department under the Karnataka Forest Act, 1963, the same will be done by the Revenue Department under the Karnataka Land Revenue Act, 1964. New eviction notices were issued under the Karnataka Land Revenue Act, 1964 by the Tahsildar, Alur Taluk, Hasan on 30.04.2024.
16. In compliance of the Tribunal's order dated 06.05.2024, the 1 st respondent filed a report dated 22.07.2024. It is stated in the report that the process of encroachment removal in all the 15 cases has been initiated. The Chief Secretary has directed the Deputy Commissioner, Hassan to complete the process.
17. With regard to the question to retain the said piece of land in Sy. No. 128 as forest land, it was stated in the report that the said land being a "Gomala" land cannot be granted to anybody except by law, including to the Forest Department.
18. The 1st respondent filed further report dated 19.08.2024 in which the 1st respondent has produced documents the following documents to show that the land in question is 'Gomala' land and belongs to Revenue Department. The details of documents are:
(i) RTC records from 1964 onwards which reflects that the said land was always a 'Gomala' land.
(ii) Index of land which reflects that the said land is 'Gomala' land.7
(iii) Mutation Register entry (1996) which reflects that the said land was transferred to Social Forestry Range Officers.
19. The 1st respondent has filed final report dated 23.11.2024. In the said report reliance has been placed to the Judgement of the Hon'ble High Court of Karnataka in Siddappa Vs. State of Karnataka, 1997 SCC Online Kar 630 and Holeyappa Vs. State of Karnataka, W.P. No. 14048 of 2005 which inter alia direct 'Gomala' lands to be protected and maintained. In line with the Judgements of Hon'ble High Court of Karnataka, the State of Karnataka has decided that Sy. No. 128 of Abanna Village, Hassan District will not be used for any purpose other than Gomala/Forest, nor granted or mutated in favour of any body, so that green cover is maintained as existing as of now and land is saved from encroachment.
20. From the reports of the official respondents, it can be seen that the land in Sy. No. 128, Abbana Village, Hassan District is a 'Gomala' land which belongs to the Revenue Department. Further the Government of Karnataka has taken a decision that the said land will not be used for any other purpose other than 'Gomala/Forest, nor granted or mutated in favour of any body, so that green cover is maintained as existing now and land is saved from encroachments.
21. Considering the above reports, we issue the following directions: 8
(i) The State of Karnataka is directed to formally hand over the land in Sy. No. 128, Abbana Village to Forest Department to ensure its sustainable management and protection.
(ii) The Forest Department is directed to maintain the land and upkeep its ecological restoration by planting trees.
(iii) The State of Karnataka is further directed, if in future, any changes in the nature or use of the land, including developmental or social welfare projects are proposed to be taken up, the same shall be done only after the approval of the Tribunal.
22. In view of the above, the Original Application is disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr.SatyagopalKorlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.87/2022(SZ) 10th December, (2024) AM.
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