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2025 Supreme(Online)(NGT) 1679

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Smt. Pushpa Sathyanarayana, J, Dr. Satyagopal Korlapati, EM
NEWS ITEM TITLED ILLEGAL ENCROACHMENT OF FOREST LAND APPEARING IN THE EENADU CHENNAI EDITION DATED 29 01 2025 – Appellant
Versus
MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE THROUGH ITS REGIONAL OFFICE REP BY ITS REGIONAL DIRECTOR – Respondent
Original Application No.25 of 2025 (SZ)



Advocates:
For the Appellants/Petitioners: Suo Motu
For the Respondents: Mr. Sai Srujan Tayi for R1, Mrs. Madhuri Donti Reddy for R2 & R3

Illegal encroachment of forest land leads to loss of forest cover; legal actions initiated against encroachers under applicable forest laws.

Headnote:(A) Andhra Pradesh Forest Act, 1967; Bharatiya Nagarik Suraksha Sanhita (BNSS) - Suo Motu application concerning illegal encroachment of forest land - The tribunal addressed illegal encroachments leading to significant loss of forest cover and subsequent actions taken by the forest authorities. (Para 6)

(B) The report clarified that encroachers illegally converted the forest land into agricultural fields. Notices were issued based on a media report highlighting rampant encroachments impacting the environment. (Para 2)

Facts of the case:
The tribunal initiated a case based on media reports of illegal encroachments in Chittoor District. Joint inspections revealed encroachments in the Mangalampeta Reserve Forest, prompting eviction notices against the pattadars. (Paras 1-9)

Findings of Court:
Eviction notices have been issued to pattadars based on verified encroachments, with full authority to proceed with eviction following legal protocol. Current proceedings are subject to outcomes from related high court cases. (Paras 8-10)

Issues: The main issues involved the legality of encroachments into registered forest land and the procedural integrity of eviction actions initiated by the forest department. (Para 8)

Ratio Decidendi: The tribunal upheld the authority of forest officials to enforce eviction under the Andhra Pradesh Forest Act while respecting ongoing legal challenges in the high court. (Paras 10-11)

Result: Original Application is closed.

Table of Content
1. suo motu based on media report (Para 1 , 2 , 3)
2. joint inspection confirms encroachment (Para 4 , 5)
3. eviction notices issued to pattadars (Para 6 , 7)
4. legal challenges affecting proceedings (Para 8 , 9)
5. application closed based on findings (Para 10 , 11)

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The above captioned Original Application was Suo Motu registered by this Tribunal based on the news item published in Eenadu, Chennai Edition, dated 31.01.2025 titled “Illegal encroachment of forest land”.

2. The news report stated that there has been rampant illegal encroachment of the Mangalampeta Forest area of Pulicherla Mandal in Chittoor District, State of Andhra Pradesh, by private respondents causing loss of forest cover. In particular, it is stated that in Survey No.295 around 17.69 Acres and in Survey No.296 around 6 Acres of forest land have been encroached by converting the same into a large agricultural field with around 300 to 400 cows rearing sheds.

3. As the reported encroachment is within the reserve forest area and its conversion into a cowshed is a cause of concern qua environment, notices were issued to the Principal Chief Conservator of Forests & HoFF, Andhra Pradesh and the District Collector, Chittoor District.

4. In response, the Principal Chief Conservator of Forests & Head of Forest Force (Respondent No.2) has filed a report dated 22.05.2025. In its report, it is stated that pursuant to the news article in Eenadu newspaper dated 29.01.2025 with title “Adavilo Akrama Samrajyam”, regarding illegal encroachment of forest land in Mangalampeta Reserve Forest of Pulicherla Mandal, the Government of Andhra Pradesh has constituted a Committee on 29.01.2025 comprising (i) the District Collector, Chittoor District, (ii) Superintendent of Police and (iii) the Conservator of Forests, Ananthapuramu, to conduct a joint inspection of the lands due to the severity of the allegations.

5. The report of the PCCF & HoFF has traced the title of the encroachers by verifying the revenue records and forest records and thereafter, a joint survey was conducted by the officials from the Revenue, Forest and Survey & Land Records Departments. Based on the joint inspection, eviction notices were issued to the pattadars and their replies to the eviction notices are considered. Finally, the action taken by the Forest Department is reported.

6. The relevant portions of the report of the PCCF & HoFF are usefully extracted below:

A) OBSERVATIONS NOTICED ON VERIFICATION OF REVENUE AND FOREST RECORDS:

It is submitted that, the District Forest Officer, Chittoor has reported that as verified from the revenue and forest records pertaining to lands in Sy. No. 295 and 296 of Mangalampeta Village, Pulicherla Mandal, Chittoor District, the following observations were noticed:

1. As per Fair Adangal, FMB and 10(1) account, the lands in Sy.No. 295 extent Ac 17.69 cents, Sy.No. 296 extent Ac 6.00 cents in Mangalampeta Village, Pulicherla Mandal, Chittoor District are classified as 'Patta Dry' and recorded in the name of Sri Challa Kuppu swamulu.

2. The Mangalampeta Block in Chandragiri Taluk of Chittoor district has been notified U/s 4 of the Andhra Pradesh (Andhra Area) Forest Act, 1882 and Proclamation U/s 6 of the Act inviting claims and objections within a period of 3 months from date of publication was published in Chittoor District dated 15.8.1964. Two petitioners namely Sri C. Kuppuswamy, S/o Kupparamaiah, and Sri Desi Venkatareddy, S/o Chinnappa Reddy submitted a petition requesting exclusion of their patta lands which were included in the RF Block.

3. The Forest Settlement Officer, Chittoor vide order Ref.B.1421/64, Dt: 03.08.1965, accepted the claim petitioners' request to exclude their patta lands in Sy.Nos. 295 to 299 correlated to Paimashi numbers I to 7 with total extent Ac 75.74 cents from being notified under Mangalampeta RF Block. It is stated by Forest Settlement Officer that the total ext

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