IMPORTANT POINT
Encroachment on government forest land cannot be justified by religious sentiments; legal permission is mandatory for any claims over such land.

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 has been shown as ghair-mumkin pahad and belonging to the Forest Department. Petitioner and other villagers gave various representations to the Collector for removing the encroachment, but no heed was paid to their representations, whereupon, DB PIL Petition No.14483/2019 was filed. In reply to the petition, Forest Department has stated that action was taken against respondent No.4 for encroaching upon various lands and for using the same for non-forest purpose, for which, an FIR was also lodged against the respondent and penalty was imposed.

4. Respondent No.4 in their reply has stated that the statues of Lord Mahaveer Swamy and Lord Parshwanath were found beneathing the land and since the statues were around 200-300 years old as per scriptures tenets at Jain Community, such statues are to be protected and conserved at the same place by raising construction because such places are holy places and are termed as ‘Atishaya’. It is also pleaded in the reply that the disputed khasra numbers are not forest land and no notification has been issued by the State Government declaring them as forest land. It is also stated that respondent No.4 has applied to the Forest Department as well as the Collector for allotment/requisition of the disputed khasras.

5. It is contended by counsel for the petitioner in DB PIL Petition No.14483/2019 that respondent No.4 has no right to make encroachment of ghair-mumkin pahad without seeking approval of the Forest Department which was entered in the revenue record as land belonging to the Forest Department. It is contended that as per the reply submitted by respondent No.4, it is evident that the disputed numbers have not been allowed in favour of respondent No.4 and they are the encroachers. It is also contended that as per the reply of the Forest Department also, penalty was imposed upon respondent No.4 and even an FIR was lodged against them. Thus, admittedly, respondent No.4 are the encroachers of the land belonging to the Forest Department and the encroachment is required to be removed.

6. It is also contended that adjacent to the disputed khasra numbers, respondent No.4 is in possession of many khasra numbers and they are just trying to encroach upon the adjoining ghair mumkin pahad forest land without any authority of law or permission from the concerned department. It is further contended that the petitioner filed the PIL Petition on 26.08.2019 and even though respondent No.4 was aware of the pendency of the PIL Petition as they were a party to the petition, they have concealed this fact and filed SB Civil Writ Petition No.17/2022 on 15.12.2021 without mentioning the fact that a PIL with regard to the disputed khasra numbers is already pending. It is contended that the writ petition filed by Shri Shantinath Digamber Jain