SC Questions U’khand On Forest Land Encroachment

The Supreme Court on Monday questioned the Uttarakhand government on what it had done against those who had encroached on thousands of hectares of forest land and slammed the authorities for sitting as silent spectators.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said, “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.”

It asked the state government to file within two weeks a comprehensive counter affidavit having details of the site plan, the approximate details of the constructions raised, and the nature of those constructions in the government or forest land so that it can decide whether a deeper probe is necessary.

“Each and every person holding an executive position in the state is accountable for the consistent and perceived negligence,” said the CJI.

The matter concerning the unauthorised occupation of protected land in the hill districts came up before the bench when it took suo moto cognisance of the illegal grabbing of forest land.

During the hearing, the counsel appearing for the state said that an interim report has been filed, and since documentation of 1950 was required, the government has also written to Uttar Pradesh to furnish some documents.

“First, you explain your conduct. You came into existence in 2000 (Uttarakhand was carved out from the northwestern part of Uttar Pradesh in the year 2000). What have you done after that? Otherwise, we are going to ask the accountability of each one of you. If you allow the people to construct their houses, you allow their generation to live there and suddenly, only because of the court order, you want to take shelter behind that, now that the court is asking,” said the bench.

To this, the counsel said that state had issued eviction notices to the alleged encroachers.

“So from 2000, you took 23 years to wake up and find out that your land has been encroached,” responded the CJI.

“We will hold each and every one in your executive accountable. God knows who the encroachers are, with which politician or which authority or who are the influential persons who are hobnobbing,” added the bench.

On December 22, the top court had slammed the authorities for sitting as “silent spectators” while largescale encroachment and illegal grabbing of forest land by private entities took place infront of their eyes.

It had initiated a suo motu case over encroachment and illegal grabbing of forest land in Uttarakhand and directed the Chief Secretary and the Principal Chief Conservator of Forests to constitute an Enquiry Committee and submit a report.

The apex court in an interim order had also restrained private entities from alienating the subject land or creating third-party rights thereon.

No construction shall take place in the subject area and the forest department shall take possession of all vacant land, other than residential houses, the bench had ordered. (ANI)