Kanals of Forest Land Encroached
DB directs to file fresh status report as to the time period within which encroachments would be removed
JKUT (Jammu), November-09-2021-( JNF):- A Division Bench of the High Court of Jammu and Kashmir and Ladakh comprising its Chief Justice, Pankaj Mithal and Justice Puneet Gupta directed Deputy AG Dy. A.G to file a fresh compliance/status report within in one month with full details especially in relation to the matters referred to above with clear indication as to the time within which the entire forest land would be made free from encroachments and the steps which the Forest Department intends to take that in future no encroachment would be permitted on forest land.
When the PIL Came-up for hearing, Division Bench observed that in this Public Interest Litigation, it has come on record that there are 127 encroachers upon the forest land as have been identified by the Forest Department. Accordingly, directions were issued to the Senior Superintendent of Police, Poonch to provide requisite support to ensure eviction of these encroachers from the forest land. It was also directed that the Deputy Commissioner, Poonch shall hold joint meeting with the Divisional Forest Officer, Poonch and the SSP Poonch, so as to draw an action plan to get the land freed from the encroachers. The Principal Chief Conservator of Forest was required to provide requisite funds for the removal of such encroachers.
Deputy AG Ayjaz Lone, appearing for the Forest Department has drawn the attention of the Court to the compliance report filed by the divisional Forest Officer, Poonch on 21st September, 2020 to show that the Forest Department is not sleeping over the matter and that 12 encroachers have been evicted from the forest land as a consequence of which about 409 kanals and 17 marlas of land have been retrieved.
Upon this Division Bench said that the aforesaid report is completely silent as to the action which may have been taken against the remaining encroachers. It does not even specify the area of the land, which has been retrieved from each of the 12 encroachers, who have been evicted. The report does not even discloses if the 127 encroachers identified are disputing that they are not encroachers rather authorized occupants of land which is not a forest land or if disputes in this regard are pending before any competent authority and directed Deputy AG to file a fresh compliance/status report with full details especially in relation to the matters referred to above with clear indication as to the time within which the entire forest land would be made free from encroachments and the steps which the Forest Department intends to take that in future no encroachment would be permitted on forest land. JNF