Evict encroachers from forestland: HC

The Hindu, September 5, 2015 
KOCHI,
A Division Bench of the Kerala High Court on Friday directed the State government to initiate proceedings under the Kerala Land Conservancy Act and Kerala Forest Act to evict those who had encroached upon forestland after June 1, 1977 and complete the eviction in six months after the completion of the proceedings.

The Bench comprising Chief Justice Ashok Bhushan and Justice A.M. Shaffique issued the directive while disposing of a public interest writ petition filed by Nature Lovers Movement, Kochi. The court directed the State government to take steps to initiate the proceedings in six months.

The court observed that it was an admitted fact that there had been encroachments on forestland in the State and the extent of land encroached was more than 7,000 hectares. Therefore, it was the obligation of the State government to ensure that these illegal encroachers were evicted in a time-bound manner. The court pointed out that that regularisation of the encroachment could be done only after getting permission from the Union government under the law. Thus, in the absence of such permission from the Centre to get the forestland assigned in favour of those who were illegally occupying the land, the government was bound to take necessary steps to evict such encroachers.

The court further observed that there was no mention of any proceedings that had been initiated under the Land Conservancy and Kerala Forest Act against these encroachers. The petitioner had sought a CBI probe into the illegal issue of title deeds and other documents to those who had encroached on forestland in the State. The petitioner alleged that these documents were obtained in connivance with the Forest and Revenue officials.

The government in its affidavits said earnest efforts had been made to evict post-June 1977 encroachers. But it had not yielded any result. Forceful eviction was not resorted to as it would lead to law and order situation and social unrest. In fact, there had been only marginal encroachments after June 1, 1977. The decision of the State government to regularise encroachments made before June 1, 1977 was followed up by a joint verification conducted by the Forest and Revenue officials. The eviction of those who had encroached upon forestland after June 1, 1977 could be ordered only in accordance with the law, without creating any law and order problem.