Uttarakhand authorities sitting as land is ‘grabbed in front of their eyes’, Supreme Court says

A  Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said: “What seems shocking to us is that the State of Uttarakhand and its Authorities are sitting as silent spectators when the forest land is being systematically grabbed in front of their eyes.”

Issuing notice to the state, the CJI said the court would enlarge the scope of the proceedings suo motu. The chief secretary of Uttarakhand and the principal chief conservator of forests, Uttarakhand, were directed to constitute an inquiry committee to examine all the facts and submit a report to the court.

“Meanwhile, all private individuals are restrained from alienating the land, encumbering or creating any third-party rights. It goes without saying that no construction activity shall be allowed to take place either. The vacant land (other than the residential houses) shall be taken into possession by the Forest Department and the Collector concerned,” the court said.

The court ordered a compliance report to be submitted before the next date of hearing on January 5.

In 1950, a large chunk of land — 2,866 acres — was leased out to Pashulok Seva Samiti for allotment to landless poor families of the area. The allotment was later withdrawn by the forest department of the undivided Uttar Pradesh government in 1984. The petitioner, Anita Kandwal, came into possession of the land in 2001, following which the department filed an application before the Sub-Divisional Magistrate, Rishikesh.

On November 14, the Uttarakhand High Court held that Kandwal had encroached upon government land in 2001, which had already reverted to the state government through the forest department in 1984. The court said the applicant had no right to be on the land. The petitioner then moved the Supreme Court.