JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The applicant resident of Abbana Village has filed the above Original Application alleging illegal encroachment, unauthorized constructions and non-forest activities taking place in forest land situated in Survey No. 128, Abbana Village, Alur Taluk, Hassan District.

2. The applicant claims to be agriculturist and owner of about 40 acres land in Sy. No. 137/3, 144/1, 145, 146, 147/1, 148/1, 148/2, 149 and 151 of the above mentioned village which is close to a forest area comprised in Sy. No. 128 of Abbana Village. According to the applicant Sy. No. 128 consists of 70.32 acres of forest land, an extent of 3.20 acres (Sy. No. 128/1) was reserved as land for poor and landless people under the ‘Ashraya Yojana Scheme’ for housing the poor and landless and remaining extent of about 67.12 acres of forest land was demarcated as Sy. No. 128/2. It is stated that despite the sub-division, the boundaries for the 3.20 acres allotted under the scheme have not been demarcated, leading to widespread encroachments and misuse of the forest land.

3. It is alleged that unauthorised persons, who do not qualify as beneficiaries under the ‘Ashraya Yojana Scheme’ have encroached approximately 11 acres of forest land and undertaken illegal construction and commercial activities including coffee and silver oak plantations.

4. The grounds raised by the applicant are:

(i) There is no proper demarcation and boundary marking as per ‘Ashraya Yojana Scheme’ to the extent of 3.2 acres inside the forest area in Sy. No. 128.

(ii) The encroachers, who are residing inside the forest are neither poor nor landless and have no right as the ‘Ashraya Yojana Scheme’.

(iii) The encroachers have put up constructions in a total extent of 11 acres which is about 08 acres more than what is permitted in the ‘Ashraya Yojana Scheme’.

(iv) The encroachers are continuing to expand their construction and are indulged in coffee plantation, silver oak plantation which are prohibited as per law.

5. The applicant further submits that the inaction of the state authorities in addressing these illegalities has resulted in deforestation and environmental degradation and on the above grounds has sought for following reliefs:

(i) Direct the respondents to demarcate the extent of 3.20 acres for the purpose of ‘Ashraya Yojana Scheme’ inside the forest land in Sy. No. 128 with proper survey and marking of boundary in terms of the original allocation as per the ‘Ashraya Yojana Scheme’.

(ii) Direct the respondents to remove any unauthorised or illegal person/encroacher insider the forest lands in Sy. No. 128 and evict them from any construction and remove the illegal encroachments and constructions made.

(iii) Direct the respondents to survey and protect the remaining extent of 67.12 acres of forest land in Sy. No.

128.

(iv) Direct the respondents to take action and initiate criminal proceedings against wrong doer and encroachers in Sf.

No. 128 of Abbana Village.

6. The 2^nd respondent, Assistant Conservator of Forest, filed its action taken report dated 08.02.2024 stating that from 1992-93 to 1995-96, the land in Survey No. 128 of Abbana Village was classified as Gomala Land, reserved for animal grazing, as per the original RTC and Akarbandh records. The total extent of this land was 67 acres 12 Guntas, recorded in the name of the Karnataka Forest Department. Additionally, 3 acres 20 Guntas of this land were allotted under the ‘Ashraya Yojana scheme’. However, this allotment was later cancelled by the District Magistrate, Hassan, on 15.04.1994, and the Karnataka Forest Department subsequently planted trees on the entire 70 acres 32 Guntas, maintaining possession of the entire area.

7. On 03.09.2022, the Range Forest Officer, Alur Range, Alur, requested the Tahsildar and Assistant Director of Land Records to conduct a detailed survey of Survey No. 128. Accordingly on 12.07.2023, a joint survey was initiated by the Assistant Director of L