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2024 Supreme(Online)(NGT) 405

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
MOHAQUE MEHRA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Advocates:
For the Petitioner: KAMAELSHKANNAN
For the Respondent:

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 unde

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