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1998 Supreme(SC) 719

A.S.ANAND, B.N.KIRPAL, V.N.KHARE
T. N. Godavarman Thirumulpad – Appellant
Versus
Union Of India – Respondent


A.S.ANAND, J.

(1) WE have perused the affidavits filed on behalf of the State of Karnataka on 12-5-1998 and 24-7-1998. Whereas both the affidavits reveal that there has been encroachment of the forest land all over the State and that the encroachment has existed prior to 1978 and has continued till 1997, we are unable to find out the total extent of such encroachment, as that has not been disclosed in the affidavits. We, therefore, direct the State of Karnataka to file an affidavit, indicating the total extent of encroachment of the forest land: (1) as was existing prior to 27-4-1978 all over the State; (2) the position of total encroachment as existing in 1988; and (3) the extent of encroachment which has taken place till 1997. The information shall be furnished districtwise. The affidavit shall also disclose the steps taken by the State to retrieve the encroachment and preventive measures taken after the refusal by the Government of India to regularise the encroachment which had occurred after 1978, till date. The State shall also indicate the non-forestry use to which the encroached land has been put by the encroachers and, in particular, where coffee plant










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