PIL regarding encroachment of Forest land: DB directs observing law while evicting encroachers

STATE TIMES NEWS

JAMMU: In three misc applications moved on behalf of forest dewellers seeking clarification of observations made by the Division Bench vide its order dated July 3, 2019 dealing with issues of encroachment on forest land, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Sanjeev Kumar after hearing Advocates K M Bhatti and S M Choudhary for the applicants whereas Advocate General D C Raina with Deputy A G Deewakar Sharma appearing for the Forest Department, observed and directed, “We do not see anything which is objectionable in the order passed by this Court as quoted above. However, we make it clear that if the State authorities seek to evict any encroacher within the forest land, they may do so by strictly adhering to relevant law governing the field.” The Division Bench further observed that if the applicants have specific individual grievances, and, if they feel that they have been sought to be evicted without following due process of law, as they claim to be the forest dwellers, they may approach the competent Forum for redressal of their grievances.
In yet another application (CM 6542/2022), Division Bench after hearing Advocate H A Siddiqui for the applicant and Advocate General D C Raina with Deputy A G Deewakar Sharma, observed that the applicant in this application is seeking direction for eviction of respondent nos. 8, 9 & 10 from the land covered under survey No. 509, 510 & 511 of village Pathanater Tehsil Mendhar, directed that It is for the concerned authorities to do the needful for evicting the said respondents from the land mentioned hereinabove, if the same has been encroached upon by these respondents or any other person(s) in the area as mentioned. With this observation, the present application stands closed.
In the main PIL filed by SAVE, an NGO working for animals, the Division Bench granted time to Advocate S S Ahmed for filling their views on the status report filed by Forest Department and JMC. In the status report it was pointed out that pursuant to court directions, Advocate General D C Raina convened a High level meeting and it has unanimously decided that forest department will allow grazing of animals upto 400 Kanals of land.

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