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This is an archive article published on October 25, 2023

FIR not mandatory in cases of forest encroachment, said outgoing Karnataka PCCF Rajiv Ranjan

Social activist Pape Gowda, earlier this year, had written to Environment Minister Eshwar Khandre to direct forest officials to not only lodge FIRs but also file chargesheet in cases of forest encroachment.

karnataka forest encroachment casesThe forest department in an RTI response to activist Gireesh Achar said that since the enactment of the Forest Conservation Act, 1980, it has filed 2,815 FIRs in 12 of its forest ranges in Shivamogga circle for encroachment of forest land. (Representational/ Express photo by Ganesh Shirsekar)
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FIR not mandatory in cases of forest encroachment, said outgoing Karnataka PCCF Rajiv Ranjan
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On his last day as the principal chief conservator of forest (PCCF) in Karnataka, Rajiv Ranjan in a letter to Additional Chief Secretary (Forest, Ecology and Environment) Jawaid Akhtar said filing FIRs is not mandatory in cases of encroachment of forest land. The letter dated September 30 has been accessed by indianexpress.com.

Social activist Pape Gowda, earlier this year, had written to Environment Minister Eshwar Khandre to direct forest officials to not only lodge FIRs but also file chargesheet in cases of forest encroachment. The minister in July had directed Akhtar to submit a report on the number of FIRs, chargesheets, and cases in which action was taken in connection with forest encroachment in the state since 1980.

Against this background, the additional chief secretary sought the response of the former officer of the Indian Forest Service.

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“Regarding the encroachment, the forest department is carrying out work to remove encroachment. Filing of FIR is not mandatory to clear forest encroachment. However, in some cases, an FIR has been lodged and chargesheet has been filed and action is taken to clear encroachment. Proceedings are being undertaken to remove unauthorised encroachment,” Ranjan said.

The forest department in an RTI response to activist Gireesh Achar said that since the enactment of the Forest Conservation Act, 1980, it has filed 2,815 FIRs in 12 of its forest ranges in Shivamogga circle for encroachment of forest land. However, against these FIRs, only 130 chargesheets have been filed to date.

Veerendra R Patil, an environment lawyer, wrote to Khandre earlier that a provision should also be made to register online FIRs and the same should be uploaded online.

“It will help environmentalists and common citizens to see the number of FIRs against each case of forest offence in one place. This will increase transparency. With this, we will also get to know the number of chargesheets… filed against the FIRs. This will make the process more transparent. Once the FIR is uploaded, it will decrease the probability of tampering with the FIRs,” he added.

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In September this year, Khandre said there is a need to facilitate the registration of FIRs in Forest Offence Cases. “(A)n online FIR registration mechanism shall be created within the department for speedy and hassle-free registering of cases…” the minister said.

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