The Supreme Court on Monday ordered an immediate halt on all ongoing construction activities on forest land in the hill districts of Uttarakhand.
Taking took suo motu cognisance of unauthorised occupation and alleged illegal alienation of protected forest land in Uttarakhand, the Vacation Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi ordered the State Forest Department to immediately take possession of all vacant parcels of such land, save and except areas already occupied by existing residential structures.
After perusing the material placed on record, the Apex Court expressed grave concern over the apparent inaction of the state administration and the statutory authorities entrusted with the protection and conservation of forest resources.
It noted that the allegations disclosed a prima facie failure on the part of the State machinery to discharge its obligations under the Forest (Conservation) Act, 1980, the Indian Forest Act, 1927, and the constitutional mandate flowing from Articles 48A and 51A(g) of the Constitution, which impose duties upon the State and citizens alike to protect and improve the natural environment.
Taking note of the urgency and the potential irreversible environmental damage, the Court had held that the situation warranted immediate judicial oversight. It had accordingly initiated suo motu proceedings to examine the scale of encroachment, the legality of the constructions undertaken, and the response of the State authorities to such violations.
In aid of this exercise, the Bench had directed the Chief Secretary of Uttarakhand and the Principal Chief Conservator of Forests to constitute a fact-finding committee.
The committee had been tasked with conducting an on-ground assessment, identifying the extent and nature of encroachments, examining the role of public officials, and submitting a comprehensive report to enable effective adjudication by the Court.
Pending further consideration, the Court had imposed interim protective measures to prevent any aggravation of the situation. It had restrained private individuals and entities from creating third-party rights over forest land and had categorically prohibited any further construction activity thereon.
These directions had been issued in order to preserve the status quo and prevent fait accompli situations during the pendency of the proceedings.
The Bench emphasised that such possession was necessary to safeguard public trust resources until the matter was finally adjudicated. The principle of public trust, as recognised in precedents such as M.C. Mehta v. Kamal Nath and subsequent environmental jurisprudence, was noted as guiding the Court’s approach.
The case had been directed to be listed for further hearing on January 5, following the reopening of the Supreme Court after the winter vacation.
The issue of forest land encroachment in Uttarakhand had long been a subject of public concern, particularly in view of the State’s fragile hill ecology. Reports had indicated that rapid urbanisation and unregulated development had resulted in the gradual appropriation of protected forest areas for private use, often in the absence of statutory approvals, thereby raising serious environmental, legal, and governance concerns.
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