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2024 Supreme(Online)(NGT) 2464
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Lal Ji Kumar – Appellant
Versus
Divisional Forest Officer-Nainital – Respondent
Original Application No. 709/2023|IA No. 272/2024
For the Appellants/Petitioners: None
For the Respondents: Mr. Deepak Bora, Ms. Saima Khatoon, Ms. Kahkashan Naseem, Mr. C S Joshi, Mr. Balendu Shekhar, Ms. Tanisha Samanta, Mr. Neeraj Kumar, Mohd. Fareed, Mr. Mukesh Verma, Ms. Vatsala Tripathi
NGT defers land title/boundary disputes to civil courts, directs state to resolve based on survey and enforce forest laws.
Headnote:The applicant sought directions under the National Green Tribunal Act, 2010 for demarcation of boundaries between revenue and forest land in Gethiya village, Nainital, Uttarakhand, removal of encroachments on forest land including specific khasra numbers, and possession thereof. Relevant statutes include National Green Tribunal Act, 2010 (Schedule I encompassing Forest Conservation Act, 1980) and Indian Forest Act, 1927. The court noted a boundary dispute between revenue and forest departments, constituted a Joint Committee, and directed Survey of India survey. Findings: Survey report submitted; final boundary determination pending; title disputes not adjudicable by Tribunal. Issues framed: Whether encroachments exist on forest land requiring removal; jurisdiction limited to enforcement of scheduled enactments like Forest Conservation Act, 1980 for non-forest activities without permission. Ratio: Tribunal enforces violations of scheduled laws but defers title/boundary disputes to civil courts; premature orders on encroachments avoided pending state decision based on survey. OA disposed directing State of Uttarakhand to finalize boundary decision on Khasra No. 424 per Survey of India report within two months, take action on any encroachments if found, without precluding civil remedies.
| Table of Content |
|---|
| 1. application for forest-revenue boundary demarcation and encroachment removal. (Para 1 , 2) |
| 2. joint committee constituted and report reveals boundary dispute. (Para 3 , 4 , 5 , 6 , 7) |
| 3. additional respondents impleaded; survey directed resolving revenue-forest overlap. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. title dispute deferred to civil court; ngt enforces forest violations. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. state to decide boundaries per survey; oa disposed with compliance. (Para 21 , 22 , 23 , 24) |
ORDER
1. Mr. Lal Ji Kumar has filed present application under the provisions of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) for issue of directions to the concerned authorities to demarcate boundary line between Revenue and Forest land precisely and scientifically, by establishing boundary pillars with precise geo coordinates according to the approved/notified Revenue Maps, remove encroachments on forest land and take possession of the same.
2. Applicant has stated that Gethiya, a small Revenue village having area approximately 5 to 7 hectares is located on a hill top in Nainital, Uttarakhand. It is surrounded on all its side by the Reserved Forest. Some unknown persons have dismantled boundary pillars demarcating boundary lines between forest land and revenue land and made encroachments over forest land including Khasra numbers 421, 423 and 424. Complaints were made to the concerned authorities but no action has been taken.
3. Complaint was registered on 28.11.2023 and Tribunal found it appropriate to issue notices to respondents impleaded in Original Application (hereinafter referred to as ‘OA’) i.e. Divisional Forest Officer, Nainital Forest Division, District Magistrate, Nainital and Commissioner/Secretary Board of Revenue, Uttarakhand. Tribunal also found it appropriate to obtain a factual report for which it constituted a Joint Committee comprising representative of Uttarakhand Pollution Control Board (hereinafter referred to as ‘UKPCB’); Divisional Forest Officer, Nainital (hereinafter referred to as ‘DFO, Nainital’); and District Magistrate, Nainital (hereinafter referred to as ‘DM, Nainital’).
4. Committee was required to submit report within 2 months.
5. Joint Committee report was submitted through UK PCB which stated as under:-
6. Report was considered by Tribunal on 15.02.2024. It observed that there was dispute between Revenue Department and Forest Department in respect of land comprising Khata Khatauni No. 144, Khasra No. 424 situated at Village Gethiya and Forest department map of compartment no. 5, Koria Block. Tribunal also noted that for resolution of above dispute, District Level Committee was constituted under the Chairmanship of District Magistrate.
7. DM, Nainital also submitted its reply dated 14.02.2024 wherein observations made in Joint Committee Report were reiterated.
8. Accordingly, Tribunal found it appropriate to implead State of Uttarakhand through Chief Secretary, Government of Uttarakhand; Principal Secretary, Revenue Department, Uttarakhand; and Surveyor General of India as respondents 4 to 5 and notices were issued to them.
9. IA No. 272/2024 was filed by Manoj Singh Negi seeking his impleadment and he was impleaded as respondent 7.
10. Respondent 5 submitted response dated 11.07.2024 taking stand as under:-
11. DFO, Nainital also filed its counter affidavit dated 18.07.2024 wherein several provisions of Indian Forest Act, 1927 as amended in State of U.P, from time to time, are referred. In para 34, it is said that there is a dispute between boundaries of Kuria Block. Under instructions of DFO, Nainital vide letter dated 23.01.2024, a team of 03 Surveyors namely; Mr. Ajay Kumar, Surveyor, Almora Forest Division, Almora, Mrs. Neelam Kohli, Surveyor, Nainital Forest Division, Nainital and Mrs, Sunita, Surveyor, Tarai East Forest Division, Haldwani was constituted to inspect land in question and submit report. As per their report, Revenue Maps show Bound
