The Supreme Court has taken suo motu action after observing that the Uttarakhand government remained a “mute spectator” while forest land was being illegally grabbed. The Court ordered a fact-finding inquiry, stopped all construction, and directed the Forest Department to take possession of vacant land.
New Delhi: The Supreme Court on Monday strongly criticised the Uttarakhand government for failing to stop large-scale illegal grabbing of forest land and said the State authorities were behaving like silent onlookers despite clear violations taking place. Taking serious note of the issue, the top court initiated a suo motu case on its own.
A vacation bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi expressed shock over the inaction of the State government and forest authorities while forest land was allegedly being encroached upon openly.
The bench observed,
“What is shocking to us is that the State of Uttarakhand and authorities are sitting like mute spectators when forest land is being grabbed in front of their eyes. Thus we initiate a suo motu case.”
The Supreme Court directed the Chief Secretary of Uttarakhand and the Principal Chief Conservator of Forests to immediately constitute a fact-finding inquiry committee to investigate the matter and submit a detailed report before the Court.
Passing strict interim directions, the bench said,
“Chief secretary of Uttarakhand and Principal conservation secretary is instructed to form a fact finding committee and submit a report. Private parties are stopped from creating any third party rights and no construction shall take place.”
The Court also ordered immediate protective action with respect to forest land. It directed that all vacant forest land, except areas where residential houses already exist, must be taken into possession by the Forest Department without delay.
The Supreme Court further clarified that no construction activity of any kind would be permitted on the disputed land and private individuals or entities were restrained from transferring or creating any third-party rights until further orders.
The matter has been posted for hearing on Monday after the Supreme Court reopens following its vacation.
The Court has reiterated that forest land must be protected strictly in accordance with law and that administrative authorities cannot remain passive when such large-scale encroachments are brought to their notice.
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