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KARDAK ETE
Sohilum Manyu, S/o Lt. L. Manyu – Appellant
Versus
State of AP, Represented through Public Prosecutor – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Mr. K. Taja, learned counsel for the petitioner. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the respondent No. 1 and Ms. G. Ete, learned Additional Senior Government Advocate for the respondent No. 2.
2. By filing this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed for quashing of the Complaint Case No. 04/2023, under section 26 of the Indian Forest Act, 1927, under sections 24(a), (b) and 25 (a) (d) and (f) of the Assam Forest Regulation, 1891 and under section 3A of the Forest (Conservation) Act, 1980 pending before the Court of the learned Chief Judicial Magistrate, Tezu.
3. The criminal proceedings emanate from Offence Report dated 16.02.2023, submitted by the Beat Forest Officer, Digaru Forest Beat, Digaru, District Lohit, wherein it is alleged that the petitioner has encroached the Reserve Forest land by constructing M.O.B.I. type building-cum-three storey RCC building and Fish Pond inside the Digaru Reserve Forest. The Offence Report is reproduced hereinbelow:
| 1). | Name of the Offender: | Mr. Sohilum Manyu |
| 2). | Brief of the Offence: | |
The court established that claims of ancestral ownership do not negate the legal status of land declared as reserve forest, allowing for prosecution of encroachers.
The court emphasized the need for expedited trials in cases of prolonged pendency and highlighted the importance of credible evidence in determining the involvement of the accused in offenses.
The court upheld eviction notices from Reserve Forest land, affirming the authority of the Divisional Forest Officer and denying compensation claims under the LARR Act due to illegal encroachment.
Eviction of encroachers from reserved forest land requires lawful notice detailing specific land claims and adherence to principles of natural justice.
Merely possessing or occupying land does not constitute criminal trespass unless proven intent to insult, intimidate, or annoy is established; also, proper notification process for protected forests ....
Illegal encroachment on reserved forest land necessitates immediate removal and restoration by authorities, along with computation of environmental compensation.
Settlement of forest land is void without prior Central approval under the Forest (Conservation) Act; a jurisdictional error does not validate an illegal title.
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