IMPORTANT POINT
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.

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:

“Offence Report

A Brief of the Offence/Chargesheet.

Prosecution story of the case/Forest Offence is that the undersigned had found the M.O.B.T. type hotel, 3(three) stories RCC building and fish pond exist near the Digaru-ALubari tri-junction had constructed illegally by encroaching the forest and destroying forest property. Mr. Sohilum Manyu is one of the encroachers and had encroached 3(three) plots of land and constructed the above mentioned M.O.B.T. type 3(three) stories RCC building and fish pond illegally and for which the offence report had already been drawn earlier vide this office offence report no. DG/23 of 2016-17 dated 22/02/17 against the aforesaid accused person. And accordingly report has been made by the undersigned before the higher authority regarding the illegal activities upon which notice have been served u/s 5 and 26 of Indian Forest Act-1927 and sec-24(a)(d) and (f) of Assam Forest Regulation Act- 1891 directing the accused person to vacate the forest land immediately failing to which the proper action will be initiated as per law against the accused person, (copy enclosed) on dated 13/1/2023 through the divisional Forst Officer, Lohit Forest Division, Tezu. After duly receipt of the notice, the accused did not complied with the notice for vacation.

Therefore, the prima facie case of forest offence is well established against the accused person. Now, here I am sending again this offence to report before the Hon'ble court to trial the case under section 24(a), (b) and 25

(a) (d) and (f) of Assam Forest Regulation Act- 1891 (Regulation-7 of 189 as amended up to date and u/s 2 of Forest Conservation Act-1980 against the above accused person. The G.P.S reading of the location is

4. The contention of the petitioner is that he is a resident of Digaru village, with village code 266370 as per the 2011 census. There are many people residing in the village and the land on which the petitioner is residing is his ancestral land as his forefathers have been living there since generations for more than 50 (fifty) years. It is contended that the land on which the petitioner and other co-villagers are residing does not fall under any reserve forest area as the people are living in the Digaru village since ages. The petitioner is living for generations and carrying out various activities for surviva