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NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Justice Sheo Kumar Singh, J, Dr. Vijay Kulkarni, ACJ
Avadesh Singh – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondent
| Table of Content |
|---|
| 1. illegal encroachment over protected forest. (Para 1 , 2) |
| 2. limitations of authority regarding encroachment. (Para 3 , 4) |
| 3. arguments regarding procedural compliance and authority. (Para 5 , 15) |
| 4. encroachment findings and verification. (Para 6 , 8) |
| 5. legal basis and definitions surrounding encroachment. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 6. directive for immediate removal of encroachment. (Para 16 , 17) |
| 7. conclusion and order to dispose the application. (Para 18) |
ORDER
1. Issue raised in this application is encroachment over Gazette Notified Protected Forest, vide Gazette Notification dated 30.07.2021 bearing Khasra No. 73, 84 and 92 to the extent of 1.236, 0.846, 1.828 hectares respectively situated in village Chandanpura, Tehsil Huzur District Bhopal, Madhya Pradesh by Respondent No. 6. Aforementioned area was declared Protected Forest by the Government of Madhya Pradesh exercise of powers conferred under Section 29 of the Indian Forest Act, 1927 , and even after multiple government agencies have carried out numerous demarcations and observed illegal encroachment of Respondent No. 6 over Protected Forest, in the tiger movement area no action has been taken b
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