The tribunal confirmed no private land was encroached in the road construction case, and it will not intervene based on this finding.

ORDER

1. The grievance of the applicant in the present application is that in his absence, Sanjeev Suri carved out road through the Forest Land and the land which is jointly owned by him with the applicant. The applicant filed suit against Sanjeev Suri which was subsequently compromised but Sanjeev Suri did not comply with the compromise on which the execution is pending before the Civil Court. The applicant sent complaint to the Forest Department for taking appropriate action against Sanjeev Suri for damaging/encroaching the land of Forest Department but no action has been taken.

2. Vide order dated 07.07.2022, this Tribunal constituted a Joint Committee comprising of the DFO and Deputy Commissioner, Chamba, Himachal Pradesh and directed the same to submit factual and action taken report within three months.

3. In compliance thereof the report of the Joint Committee has been filed by Mr. Apporv Devgan, IAS, Member Secretary, HPSPCB, Shimla vide letter dated 19.10.2022 through email dated 19.10.2022. The relevant part of the report of the Joint Committee is reproduced below:-

In compliance of ibid orders of Hon’ble NGT, spot visit was fixed by the Deputy Commissioner on 08-08-2022 and on said date the Additional District Magistrate Chamba visited the spot on 8th August, 2022 (as the undersigned was COVID-19 positive at that time) in presence of complainant, defendant and all concerned departments. Both the parties were heard in presence of all concerned departments and their oral statements were taken.The Deputy Commissioner and the Divisional Forest Officer again visited the spot on dated 16-08-2022 along with field Revenue Officials, Officials of Rural Development and Panchayati Raj, both the parties of the dispute and local residents. As the position of road was also not clear on the spot, so the Forest department was directed to produce evidences viz. Satellite imagery of the spot relating to that particular period, to find out that whether the road was carved by said Sh. Sanjeev Suri or it was pre-existing on the spot. Further directions were also issued to Block Development Officer, Chamba and District Revenue Officer, Chamba to submit their respective reports before the undersigned.

A detailed demarcation of land in question was conducted by Naib Tehsildar Chamba which was received through the District Revenue Officer vide office letter No.CBA-SK-032(2)92/7-Voll-VI- 3607 dated 18-08-2022 (Annexure-I). The demarcation was done by adopting triangular method of demarcation and it was found that, no road has been carved out through the private land owned by the applicant. The road has been constructed through the forest land classified as "Charagah Bila Drakhtan" existing between the two parcels of private land owned by the applicant Satnam Singh. From the perusal of the Record of Rights, it was also revealed that the private land bearing Khasra No. 1460/1019 and 1461/1019 total measuring 02-09-00 Bigha was initially allotted as Nautor to a local resident Sh. Madho S/O Talochan. The complainant Sh. Satnam Singh purchased the ibid chunk of land from said Madho and forest land of approx. 8 feet 6 inch wide is existing between both these parcels of land.

The statements of both the parties, as well as local residents, present during the joint inspection, copies of statement of local residents are annexure as (Annexure-II) were recorded which reveal that the local residents of village Baghnu are using this forest land bearing No. 1463/1019 classified as "Charagah Bila Drakhtan" which lying between two parcels of private land bearing No. 1460/1019 & 1461/1019 owned by the complainant Sh.

Satnam Singh as passage to approach their houses since generations. The complainant Sh. Satnam Singh als