The Tribunal mandates strict enforcement of laws to prevent forest encroachments, balancing ecological protection with socio-economic concerns of encroachers.

Headnote:(A) Forest Rights Act, 2006 - Kerala Forest Act, 1961 - Forest Conservation Act, 1980 - Encroachment of forest land - Over 5,000 hectares of forest land in Kerala reported under encroachment, with ongoing efforts for eviction and boundary demarcation - The Kerala Government's policy mandates eviction of post-1977 encroachments while regularizing pre-1977 occupations - The Supreme Court's order prohibits regularization of encroachments nationwide, necessitating strict enforcement of laws to protect forest lands. (Paras 1-18)

(B) Environmental Protection - The Tribunal emphasizes the importance of maintaining ecological balance and sustainability, urging strict law enforcement and community cooperation to prevent future encroachments. (Paras 16-17)

Facts of the case:
The matter was initiated based on a news report highlighting significant encroachment of forest land in Kerala, prompting the Tribunal to take action and assess the situation through reports from the Forest Department.

Findings of Court:
The Tribunal acknowledges the proactive measures taken by the Kerala Forest Department in addressing encroachments and emphasizes the need for continued efforts and strict enforcement of laws.

Issues: The main issues include the extent of forest land encroachment, the effectiveness of eviction measures, and the balance between forest protection and socio-economic concerns of encroachers.

Ratio Decidendi: The Tribunal ruled that strict enforcement of existing laws is essential to prevent further encroachments, and the digitization of forest boundaries must be completed promptly to aid in this effort.

Result: Original Application closed.

JUDGEMENT

1. The above matter was Suo Motu taken up by the Principal Bench of the National Green Tribunal, New Delhi, based on the news item published in Deccan Herald dated 08.01.2024 titled, “Over 5000 hectares of forest land in Kerala under encroachment: State Forest Dept. report”

2. The news item reported that, according to the Kerala Forest Department’s Annual Administrative Report for 2021-22, over 5,000 hectares of forest land in the State are under encroachment. Out of the total 5,024.535 Hectares, the largest portion i.e. 1,998.03 Hectares is in the Kottayam High Range Circle, which covers the Kothamangalam, Kottayam, Munnar, Marayoor, and Mankulam divisions. The Palakkad Eastern Circle has the second-highest encroachment, with 1,599.61 Hectares, followed by the Kannur Northern Circle with 1,085.67 Hectares. The lowest encroachment (i.e. 2.634 Hectares) was recorded in the Aralam and Wayanad wildlife divisions under the Palakkad Wildlife Circle.

3. Considering the substantial environmental concerns raised, the Principal Bench registered the matter as O.A. No. 152 of 2024 (PB) and subsequently, transferred it to this Bench, where it was renumbered as O.A. No. 96 of 2024 (SZ).

4. Upon notice, the official respondents have entered appearance through the standing counsel.

5. The Additional Secretary – Forest & Wildlife Department has filed a report dated 06.08.2024 on behalf of the 2^nd Respondent, stating that at the end of the year 2021-22, the forest area under the Kerala Forest Department stood at 11,531.139 km², constituting 29.67% of the state’s total geographical area (38,863 km²), compared to the national average of 23.24%. According to the Kerala Forest Department’s latest Administrative Report for 2021-22, the total encroached forest land was 5,024.535 Hectares. Since then, (i) encroachment on 6.0832 hectares has been cleared; (ii) an area of 67.6240 hectares has been reduced due to forest rights granted under the Forest Rights Act, 2006, court-ordered evictions, and voluntary vacation by residents; and (iii) an additional 13.2348 hectares of newly identified encroachment has been added.

6. It is further stated in the report that as of 31.03.2024, a total of 4,975.529 hectares of encroached forest land remains to be vacated. The Forest Department is actively enforcing eviction and prosecution under the law to address encroachment cases. The State Government’s policy mandates the eviction of forest encroachments made after 01.01.1977. In line with this, the department is making earnest efforts to protect forest lands and eliminate encroachments.

7. The report also states that no new forest encroachments have occurred since 2021-22. However, challenges such as law and order issues related to the eviction of long- standing encroachments and legal disputes during cairn construction are significant obstacles for the department in resolving this issue. To address these issues, the digitization of forest boundaries, in collaboration with the Revenue Department, is currently in progress. Additionally, efforts are underway to consolidate GPS data related to cairns. The report also includes district and division-wise details of forest land encroachment as of 31.03.2024 in tabular form.

8. The Principal Chief Conservator of Forests (2^nd Respondent) has filed a report dated 09.01.2025, stating that as the encroachment becoming a serious issue, the Kerala Government decided to (i) regularize occupations prior to 01.01.1977 and (ii) evict encroachments made post 01.01.1977. To assess post-1977 encroachments, joint verification by the Forest and Revenue Departments was ordered under G.O.(Ms) No. 655/1989/RD dated 31.08.1989. This process involved detailed field verifications to identify occupants, the extent of holdings, type of cultivation, duration of occupation, etc. The verification process began in the late 1980s and continued into the 1990s. Out of the total 25,810 hectares surveyed, 13,890 hectares were found eligible for regula

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