Mute spectators: Supreme Court slams Uttarakhand over forest land encroachment
The CJI-headed bench directed the chief secretary of Uttarakhand and Principal conservation secretary to form a fact-finding committee and submit a report before it. It also stopped any construction activities on illegally grabbed land and stopped private parties from creating any third party rights.
The Supreme Court on Monday slammed Uttarakhand authorities for sitting like mute spectators over illegally transferring more than 2,000 acres of forest land in the state to private individuals and society and initiated a suo motu case, observing the facts of the case before it prima facie show how private individuals have systematically grabbed thousands of acres of forest land.
A bench headed by Chief Justice of India (CJI) Surya Kant came down heavily on authorities concerned for their failure to take against the land-grabbers for illegally grabbing thousands of acres of land and sitting like mute spectators when forest land is being grabbed in front of their eyes.
"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. Consequently, we propose to enlarge the scope of these proceedings suo motu. Let notice be issued to the respondents," the bench said.
Land measuring 2866 acres was notified as government forest land and a part of this land was allegedly leased out to Pashulok Sewa Samiti, a society in Rishikesh. The society claimed to have further allotted parcels of land to its members. Later, some dispute arose between society and its members, which led to the passing of a compromise.
Meanwhile, the society came under liquidation and, vide a deed of surrender, it surrendered 594 acres of land to the Forest Department in October 1984. That order of surrendering the land or re-vesting of the forest land to the government had attained finality, yet some private individuals took possession of the land in the year 2001. A private respondent also claimed his ownership-cum-title based on the decree between the society and its alleged members.
The court directed the Chief Secretary of Uttarakhand and Principal Chief Conservator of Forest, Uttarakhand to constitute an enquiry committee to examine all the facts and submit a report to it. It also restrained all private individuals from alienating the land or creating any third-party rights and any construction activity.
"The vacant land (other than the residential houses) shall be taken into possession by the Forest Department and the collector concerned. A compliance report, to this effect, be submitted to this Court before the next date of hearing," the bench said in its order while posting the matter for further consideration on January 5.
The Supreme Court on Monday slammed Uttarakhand authorities for sitting like mute spectators over illegally transferring more than 2,000 acres of forest land in the state to private individuals and society and initiated a suo motu case, observing the facts of the case before it prima facie show how private individuals have systematically grabbed thousands of acres of forest land.
A bench headed by Chief Justice of India (CJI) Surya Kant came down heavily on authorities concerned for their failure to take against the land-grabbers for illegally grabbing thousands of acres of land and sitting like mute spectators when forest land is being grabbed in front of their eyes.
"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. Consequently, we propose to enlarge the scope of these proceedings suo motu. Let notice be issued to the respondents," the bench said.
Land measuring 2866 acres was notified as government forest land and a part of this land was allegedly leased out to Pashulok Sewa Samiti, a society in Rishikesh. The society claimed to have further allotted parcels of land to its members. Later, some dispute arose between society and its members, which led to the passing of a compromise.
Meanwhile, the society came under liquidation and, vide a deed of surrender, it surrendered 594 acres of land to the Forest Department in October 1984. That order of surrendering the land or re-vesting of the forest land to the government had attained finality, yet some private individuals took possession of the land in the year 2001. A private respondent also claimed his ownership-cum-title based on the decree between the society and its alleged members.
The court directed the Chief Secretary of Uttarakhand and Principal Chief Conservator of Forest, Uttarakhand to constitute an enquiry committee to examine all the facts and submit a report to it. It also restrained all private individuals from alienating the land or creating any third-party rights and any construction activity.
"The vacant land (other than the residential houses) shall be taken into possession by the Forest Department and the collector concerned. A compliance report, to this effect, be submitted to this Court before the next date of hearing," the bench said in its order while posting the matter for further consideration on January 5.