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PANKAJ BHANDARI, PRAVEER BHATNAGAR
Shankar Lal, S/o. Shri Chanda Lal Meena – Appellant
Versus
State of Rajasthan, Through Principal Secretary, Department of Revenue, Secretariat, Jaipur – Respondent
JUDGMENT :
Pankaj Bhandari, J.
1. Petitioner- Shankar Lal has filed D.B. PIL Petition No.14483/2019 alleging that respondent No.4 is encroaching upon Khasra Nos.2145, 2064, 2148 & 2191 situated in village- Anwan, Tehsil Duni, District Tonk as ghair-mumkin pahad forest land and for removal of the encroachment. Petitioner- Shri Shantinath Digamber Jain Atishay Shetra has filed S.B. CWP No.17/2022 with a prayer that Khasra Nos.2145, 2064, 2148 & 2191 situated in village- Anwan, Tehsil Duni, District Tonk be regularized in their favour.
2. Since both the petitions i.e. DB PIL Petition No.14483/2019 and SB Civil Writ Petition No.17/22 pertain to Khasra Nos.2145, 2064, 2148 & 2191, directions were given to list S.B. CWP No.17/22 alongwith D.B. PIL Petition No.14483/2019. With the consent of learned counsels for the parties, both the petitions were heard.
3. Succinctly stated the facts of the case are that petitioner- Shankar Lal has filed DB PIL Petition No.14483/2019 alleging that respondent No.4 is encroaching upon Khasra Nos.2145, 2064, 2148 & 2191 which is ghair-mumkin pahad and are belonging to the Forest Department. The revenue record has also been annexed with the PIL where the land h
Encroachment on government forest land cannot be justified by religious sentiments; legal permission is mandatory for any claims over such land.
Encroachment on notified protected forest land must be removed immediately per demarcations, irrespective of prior possession claims or rejected diversion applications; forest authorities bound to re....
Notified protected forest land encroached upon must be immediately cleared and restored to forest department per demarcation reports, rejecting regularization via denied diversion/exchange applicatio....
cow-herding - Claim of rights in land - a person who has for the last three generations resided in the forest land and depend on the forest for their bonafide livelihood needs - a person who has for ....
Illegal encroachment of protected forest land is a violation of statutory provisions, requiring immediate removal to prevent ecological damage and uphold property rights of the state.
Government authorities must enforce forest protection laws against encroachment, ensuring compliance with environmental regulations to restore designated areas.
The central legal point established in the judgment is the inability of the Forest Department to comply with the court's direction to remove encroachments due to the department's non-possession of th....
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