NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Vijay Kulkarni, Expert Member
Avadesh Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. encroachment on protected forest land confirmed by demarcations. (Para 1 , 2 , 5 , 6 , 7) |
| 2. respondent claims demarcation error and land exchange. (Para 3 , 4 , 13 , 14) |
| 3. legal provisions mandate removal of forest encroachments. (Para 8 , 9 , 10 , 11 , 12 , 15) |
| 4. authorities must enforce demarcation and remove encroachment. (Para 16) |
| 5. order immediate removal and possession to forest department. (Para 17 , 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 by the authorities to remove the said illegal encroachment.
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