BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Tuesday the 10^th day of December, 2024 Original Application No. 87 of 2022(SZ)

(Through Video Conference)

IN THE MATTER OF Mohaque Mehra C/o Deepak Mehra, Abbana Village, Alur Taluk, Hassan, Karnataka- 573214.

...Applicant(s)

Versus

1. The State of Karnataka, Rep by its Principal Chief Conservator of Forests, 4th Floor, Aranya Bhavan, Malleshwaram, Bangalore, Karnataka- 560012.

2. The Assistant Conservator of Forests, 1st Floor, Aranaya Bhavan, Near Dairy Circle, Hassan, Karnataka- 573201.

3. Range Forest Officer, Byrapura Range, Alur Taluk, Hassan District, Karnataka- 573201.

4. Assistant Commissioner of Revenue Department, Town Hall, BM Road, Sakleshpur, Hassan District, Karnataka- 573134.

5. Tahsildar, Taluk Office, Alur Taluk, Hassan District, Karnataka- 573213. ...Respondent(s)

For Applicant(s): Mr. Sai Sathya Jith.

For Respondent(s): Mr. Rajat Jonathan Shaw for Mr. K.M.

Darpan for R1 to R5.

Judgment Reserved on: 25.11.2024.

CORAM HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER

JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The applicant resident of Abbana Village has filed the above Original Application alleging illegal encroachment, unauthorized constructions and non-forest activities taking place in forest land situated in Survey No. 128, Abbana Village, Alur Taluk, Hassan District.

2. The applicant claims to be agriculturist and owner of about 40 acres land in Sy. No. 137/3, 144/1, 145, 146, 147/1, 148/1, 148/2, 149 and 151 of the above mentioned village which is close to a forest area comprised in Sy. No. 128 of Abbana Village. According to the applicant Sy. No. 128 consists of 70.32 acres of forest land, an extent of 3.20 acres (Sy. No. 128/1) was reserved as land for poor and landless people under the ‘Ashraya Yojana Scheme’ for housing the poor and landless and remaining extent of about 67.12 acres of forest land was demarcated as Sy. No. 128/2. It is stated that despite the sub-division, the boundaries for the 3.20 acres allotted under the scheme have not been demarcated, leading to widespread encroachments and misuse of the forest land.

3. It is alleged that unauthorised persons, who do not qualify as beneficiaries under the ‘Ashraya Yojana Scheme’ have encroached approximately 11 acres of forest land and undertaken illegal construction and commercial activities including coffee and silver oak plantations.

4. The grounds raised by the applicant are:

(i) There is no proper demarcation and boundary marking as per ‘Ashraya Yojana Scheme’ to the extent of 3.2 acres inside the forest area in Sy. No. 128.

(ii) The encroachers, who are residing inside the forest are neither poor nor landless and have no right as the ‘Ashraya Yojana Scheme’.

(iii) The encroachers have put up constructions in a total extent of 11 acres which is about 08 acres more than what is permitted in the ‘Ashraya Yojana Scheme’.

(iv) The encroachers are continuing to expand their construction and are indulged in coffee plantation, silver oak plantation which are prohibited as per law.

5. The applicant further submits that the inaction of the state authorities in addressing these illegalities has resulted in deforestation and environmental degradation and on the above grounds has sought for following reliefs:

(i) Direct the respondents to demarcate the extent of 3.20 acres for the purpose of ‘Ashraya Yojana Scheme’ inside the forest land in Sy. No. 128 with proper survey and marking of boundary in terms of the original allocation as per the ‘Ashraya Yojana Scheme’.

(ii) Direct the respondents to remove any unauthorised or illegal person/encroacher insider the forest lands in Sy. No. 128 and evict them from any construction and remove the illegal encroachments and constructions made.

(iii) Direct the respondents to survey and protect the remaining extent of 67.12 acres of forest land in Sy. No.

128.

(iv) Direct the respondents to tak