The Supreme Court of India has directed the Uttarakhand Government to file a detailed report with site plans on illegal constructions over forest land. The court flagged alleged collusion and warned against continued encroachment on protected forest area
New Delhi: The Supreme Court on Monday expressed strong displeasure over the manner in which forest land in Uttarakhand has allegedly been allowed to be illegally occupied over several years. Observing that the state authorities have shown repeated carelessness, the court directed the Uttarakhand government to submit a detailed and comprehensive report within two weeks.
This report must clearly mention the extent of illegal constructions raised on forest land and should also include a proper site plan showing the approximate details and nature of such constructions.
A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, while hearing the matter on December 22, raised serious concerns over what it described as large-scale and systematic grabbing of forest land in Uttarakhand.
The court indicated that it may expand the scope of the case on its own motion to examine what it termed a shocking failure of the state machinery in protecting forest land meant to be preserved for public and environmental purposes.
The bench observed that state authorities appeared to have first allowed encroachment on government forest land and were now attempting to regularise such illegal occupation under the cover of court orders.
The court noted that this conduct raised serious doubts about the role of officials responsible for protecting forest land.
During the hearing, the Chief Justice remarked that the conduct of the state authorities showed a clear pattern of negligence.
He stated that the authorities have been persistently and consistently negligent in handling the issue and added that
“it appears to be a case of collusion and connivance with the land grabbers”.
The bench further sought clarity on the scale of encroachment and questioned whether the illegal occupation was facilitated through silent approval or inaction by officials.
It said,
“We would like to know the extent of land encroached… It needs to be determined if there has been any tacit support from the authorities,”
and directed the state to submit a detailed affidavit.
The court further instructed,
“Let a comprehensive affidavit be filed in two weeks and it should include the site plan giving details of approximate details of illegal constructions and the nature of such constructions.”
Earlier, the bench had already flagged the issue of large-scale encroachment on forest land and had indicated its intention to expand the proceedings suo motu to examine the shocking failure of the state machinery to protect forest land from illegal occupation.
The case before the court arises from a plea filed by Anita Kandwal against the Uttarakhand government and its authorities.
While examining the matter, the bench took note of records suggesting that around 2,866 acres of land officially notified as government forest land had been unlawfully occupied by private individuals over the years.
The court was informed that a portion of this forest land had allegedly been leased out to Pashulok Sewa Samiti, a society based in Rishikesh. According to the details placed before the court, the society later allotted parcels of land to its members.
However, disputes arose between the society and its members, which eventually resulted in what the court described as a “rather collusive decree” passed as a compromise between the parties.
The bench further noted that the society subsequently went into liquidation and executed a deed of surrender on October 23, 1984, by which it handed back 594 acres of land to the Forest Department.
The court observed that this surrender and the re-vesting of the land with the government had attained legal finality.
Despite this, the bench recorded that some private individuals allegedly took possession of portions of this land again in 2001.
It was also noted that a private respondent was claiming ownership and title over the land on the basis of the collusive decree between the society and its alleged members.
Expressing deep concern over the conduct of the authorities, the bench observed,
“What seems shocking to us is that the State of Uttarakhand and its authorities are sitting as silent spectators when the forest land is being systematically grabbed in front of their eyes.”
Considering the seriousness of the allegations, the bench said it proposed to expand the scope of the proceedings on its own motion and issued notices to all concerned respondents.
The court directed the Uttarakhand chief secretary and the principal chief conservator of forests to constitute an enquiry committee to examine all relevant facts and submit a detailed report to the court.
The Supreme Court also passed strong interim directions to prevent further damage to the forest land. It restrained all private individuals from alienating the land, encumbering it, or creating any third-party rights. The court made it clear that no construction activity would be permitted on the disputed land.
Further, the bench directed that all vacant forest land, except for existing residential houses, must be taken into possession by the Forest Department and the concerned district collector. The court had earlier directed that a compliance report on these directions be submitted by January 5.
The matter continues to remain under close scrutiny of the Supreme Court as it examines the alleged failure of the Uttarakhand administration to protect forest land and prevent illegal encroachment over decades.
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