PIL regarding encroachment of Forest land
Jammu March-06-2023:- In three misc applications moved on behalf of forest dewellers seeking clarification of the observations made by the Division Bench vide its order dated July 3, 2019 dealing with the issues of encroachment on forest land, A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N.Kotiswar Singh and Justice Sanjeev Kumar after hearing Advocates KM Bhatti and SM Choudhary for the applicants whereas Advocate General DC Raina with Deputy AG Deewakar Sharma appearing for the forest department, observed and directed, “We do not see anything which is objectionable in the order passed by this Court as quoted above. However, we make it clear that if the State authorities seek to evict any encroacher within the forest land, they may do so by strictly adhering to the relevant law governing the field.”
Division Bench further observed that if the applicants have specific individual grievances, and, if they feel that they have been sought to be evicted without following due process of law, as they claim to be the forest dwellers, they may approach the competent Forum for redressal of their grievances.
In yet another application (CM 6542/2022), Division Bench after hearing Advocate HA Siddiqui for the applicant and Advocate General DC Raina with Deputy AG Deewakar Sharma, observed that the applicant in this application is seeking direction for eviction of respondent nos. 8, 9 & 10 from the land covered under survey No. 509, 510 & 511 of village Pathanater Tehsil Mendhar, directed that It is for the concerned authorities to do the needful for evicting the said respondents from the land mentioned hereinabove, if the same has been encroached upon by these respondents or any other person(s) in the area as mentioned. With this observation, the present application stands closed.
In the main PIL filed by SAVE an NGO working for animals, Division Bench granted time to Advocate SS Ahmed for filling their views on the status report filed by Forest Department and JMC.
In the status report it was pointed out that pursuant to court directions, Advocate General DC Raina convened a High level meeting and it has unanimously decided that forest department will allow the grazing of the animals upto 400 Kanals of land. JNF