Item No.4:-

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Friday, the 17^th day of January 2025.

[Through Physical Hearing (Hybrid Option)]

Original Application No.96 of 2024 (SZ)

IN THE MATTER OF Tribunal on its own motion SUO MOTU based on the news item in Deccan Herald dt:08.01.2024 titled, “Over 5000 hectares of forest land in Kerala under encroachment:

State Forest Dept. report”.

And

1) The Secretary Directorate of Environment & Climate Change (DoECC)

4^th Floor, K.S.R.T.C Bus Terminal Thampanoor, Thiruvananthapuram – 695 001.

2) The Principal Chief Conservator of Forests Kerala Forest Department, Forest Headquarters, Vazhuthacaud, Thiruvananthapuram – 695 014.

3) Chief Wildlife Warden Kerala Forest Department, Forest Headquarters, Vazhuthacaud, Thiruvananthapuram – 695 014.

...Respondent(s)

For Applicant(s): Suo Motu.

For Respondent(s): Mr. R. Ramesh Kumar represented Mr. E.K. Kumaresan for R1 to R3.

CORAM HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. VIJAY KULKARNI, EXPERT MEMBER

J U D G E M E N T

1. The above matter was Suo Motu taken up by the Principal Bench of the National Green Tribunal, New Delhi, based on the news item published in Deccan Herald dated 08.01.2024 titled, “Over 5000 hectares of forest land in Kerala under encroachment: State Forest Dept. report”

2. The news item reported that, according to the Kerala Forest Department’s Annual Administrative Report for 2021-22, over 5,000 hectares of forest land in the State are under encroachment. Out of the total 5,024.535 Hectares, the largest portion i.e. 1,998.03 Hectares is in the Kottayam High Range Circle, which covers the Kothamangalam, Kottayam, Munnar, Marayoor, and Mankulam divisions. The Palakkad Eastern Circle has the second-highest encroachment, with 1,599.61 Hectares, followed by the Kannur Northern Circle with 1,085.67 Hectares. The lowest encroachment (i.e. 2.634 Hectares) was recorded in the Aralam and Wayanad wildlife divisions under the Palakkad Wildlife Circle.

3. Considering the substantial environmental concerns raised, the Principal Bench registered the matter as O.A. No. 152 of 2024 (PB) and subsequently, transferred it to this Bench, where it was renumbered as O.A. No. 96 of 2024 (SZ).

4. Upon notice, the official respondents have entered appearance through the standing counsel.

5. The Additional Secretary – Forest & Wildlife Department has filed a report dated 06.08.2024 on behalf of the 2^nd Respondent, stating that at the end of the year 2021-22, the forest area under the Kerala Forest Department stood at 11,531.139 km², constituting 29.67% of the state’s total geographical area (38,863 km²), compared to the national average of 23.24%. According to the Kerala Forest Department’s latest Administrative Report for 2021-22, the total encroached forest land was 5,024.535 Hectares. Since then, (i) encroachment on 6.0832 hectares has been cleared; (ii) an area of 67.6240 hectares has been reduced due to forest rights granted under the Forest Rights Act, 2006, court-ordered evictions, and voluntary vacation by residents; and (iii) an additional 13.2348 hectares of newly identified encroachment has been added.

6. It is further stated in the report that as of 31.03.2024, a total of 4,975.529 hectares of encroached forest land remains to be vacated. The Forest Department is actively enforcing eviction and prosecution under the law to address encroachment cases. The State Government’s policy mandates the eviction of forest encroachments made after 01.01.1977. In line with this, the department is making earnest efforts to protect forest lands and eliminate encroachments.

7. The report also states that no new forest encroachments have occurred since 2021-22. However, challenges such as law and order issues related to the eviction of long- standing encroachments and legal disputes during cairn construction are significant obstacles for the department in resolving this issue. To address these issues, the digitization of forest boundaries