NEW DELHI: The Supreme Court criticized the Uttarakhand government for “persistent negligence” and requested a detailed report including a site plan that outlines illegal constructions on forest land in the state.
A bench consisting of Chief Justice Surya Kant and Justice Joymalya Bagchi highlighted their serious concerns over the large-scale and systematic encroachment on forest land in Uttarakhand. They indicated plans to broaden the scope of legal proceedings to investigate the failure of state authorities to protect these lands.
The court remarked that state officials seemed to collude with land grabbers, allowing encroachments and then attempting to legitimize them through court orders.
The Chief Justice noted the consistent negligence from state authorities, suggesting collusion with land grabbers, and requested a thorough affidavit detailing the extent of encroachment and any tacit support from officials.
Previously, the bench had addressed the extensive encroachment of forest land and aimed to expand legal proceedings to investigate the state’s failure to act decisively.
This issue arose from a plea filed by Anita Kandwal against the Uttarakhand government.
The court pointed out that approximately 2,866 acres of land, designated as government forest, appears to have been illegally occupied by private individuals over time.
Reports indicate that part of this forest land was leased to the Pashulok Sewa Samiti, a society based in Rishikesh, which then allocated land parcels to its members. Disputes eventually arose, resulting in what the court termed a “collusive decree” between the society and its members.
It was noted that the society later went into liquidation and surrendered 594 acres back to the Forest Department, an action that was deemed finalized.
Despite this, private individuals reportedly took control of portions of the land in 2001.
Additionally, a private party is claiming ownership based on the aforementioned collusive decree.
“What we find shocking,” the bench remarked, “is that the State of Uttarakhand and its authorities are passive observers as forest land is systematically seized right in front of them.”
Given the gravity of the allegations, the bench decided to expand the scope of the proceedings on its own initiative and issued notices to the relevant parties.
The Uttarakhand chief secretary and the principal chief conservator of forests were directed to form an inquiry committee to investigate and submit a comprehensive report to the court.
The court also instructed all private individuals not to transfer the land or establish any third-party rights and prohibited any construction activities on the land. Furthermore, it directed that all unoccupied land, except for existing residential structures, be taken over by the Forest Department and the relevant district collector.
A compliance report on these directives is due by January 5, as per the bench’s instructions.
