The Supreme Court on Monday expressed “shock” at private individuals illegally occupying over 2,000 acres of forest land in Uttarakhand and directed the state government to file an inquiry report.
Till the government files the report, the court restrained these individuals from selling their properties on the land or transferring ownership rights to a third party.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi converted a special leave petition (criminal) filed by Anita Kandwal against certain individuals into a suo motu case and sought a compliance report on the inquiry. The court posted the matter for further hearing to January 5.
Following is the order dictated in the open court by the bench:
“The facts of this case prima facie show how private individuals have systematically grabbed thousands of acres of forest land. It seems that land measuring 2,866 acres was notified as Government Forest Land. A part of this land was allegedly leased out to Pashulok Sewa Samiti, a society in Rishikesh. The society claims to have further allotted parcels of land to its members.
"There arose some dispute between the society and its members, which apparently led to the passing of a compromise — rather collusive decree. Meanwhile, the society came under liquidation and vide a deed of surrender, it surrendered 594 acres of land to the Forest Department on 23.10.1984.
"That order of surrendering the land or re-vesting of the forest land in the Government has attained finality, yet some private individuals, like the petitioner, are stated to have taken possession of the land in the year 2001. Similarly, the private respondent no. 2 claims his ownership-cum-title based on the collusive decree between the society and its alleged members.
"What seems shocking to us is that the State of Uttarakhand and its Authorities are sitting as silent spectator when the forest land is being systematically grabbed in front of their eyes.
"Let notice be issued to the respondents, The Chief Secretary of Uttarakhand and Principal Chief Conservator of Forest, Uttarakhand, are directed to constitute an Enquiry Committee to examine all the facts and submit a report to this Court
"Meanwhile, all private individuals are restrained from alienating the land, encumber it or create any third-party rights. It goes without saying that no construction activity shall be allowed to take place either.
"The vacant land (other than the residential houses) shall be taken into possession by the Forest Department and the Collector concerned."