Court On Its Own Motion v. State Of Himachal Pradesh
2018-02-28
SANDEEP SHARMA, SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT Sanjay Karol, A.C.J —On the basis of a news report captioned "Forest mafia axes trees in Kotkhai as dept officials caught napping", this Court taking suo motu cognizance issued notice to the State. As per the news report, illicit felling of forest trees has taken place in Village Rukhla and with the Government land being encroached, encroachers have planted apple trees. 2. From the response filed by the Department, contents of the news item are found to be correct. Affidavit dated 7.5.2017 filed by the Chief Conservator of Forests, Shimla Circle, does record factum of illicit felling of trees in relation to which FIR''s stand registered at Police Station, Kotkhai. The matter is under investigation. Also, Departmental inquiry stands initiated against the erring officials. 3. Divisional Forest Officer, Rohru, has also filed his affidavit dated 24.5.2017 admitting the factum of illicit felling of trees and registration of FIR at another Police Station i.e. Tikker. 4. From the affidavit dated 25.5.2017 filed by Chief Conservator of Forests, Shimla Circle, Shimla it is apparent that disciplinary proceedings against Rajneesh Kumar, Forest Guard stand initiated and inquiry is likely to be completed in near future. 5. Dissatisfied with the explanation furnished by the State, learned Amicus Curiae filed his response suggesting that the Department had not taken any action for retrieving the area which stood encroached by the encroachers. Also, Investigating Officer is not conducting the investigation with expedition. 6. From the latest affidavit of Divisional Forest Officer, Theog, it is apparent that joint inspection took place when the learned Amicus Curiae was also present. It was found that more than twelve persons had encroached the Government land, particulars whereof read as under: "6. That no fresh illicit felling has been noticed in the said area as per report by Range Forest Officer Kotkhai after thorough checking of the area in question. Detail of the encroachment of the said forest land is as under: - Sr.No Name & address of encroacher Kh.No/. Areaencroached in hac, Remarks. 1 S/Sh. Om Parkash S/O Sh. Mela Ram R/O Village Reog 314 0-83-12 Land in question has been taken into possession by the Forest 2 Om Parkash S/O Sh. Mela Ram R/O Village Reog 315/1 0-46-80 department on spot 3 Keshav Ram S/O Sh. Balak Ram R/O Village Reog 315/2 01-56-56 4 Shyam Lal S/O Sh.
Areaencroached in hac, Remarks. 1 S/Sh. Om Parkash S/O Sh. Mela Ram R/O Village Reog 314 0-83-12 Land in question has been taken into possession by the Forest 2 Om Parkash S/O Sh. Mela Ram R/O Village Reog 315/1 0-46-80 department on spot 3 Keshav Ram S/O Sh. Balak Ram R/O Village Reog 315/2 01-56-56 4 Shyam Lal S/O Sh. Mathu Ram R/O Village Reog 316/1 01-3-70 5 Smt. Roshni Devi W/O Sh. Dalip Singh R/O Village Reog 317/2 0-12-60 6 Smt. Roshni Devi W/O Sh. Dalip Singh R/O Village Reog 433/1 0-08-57 7 Suresh Chand S/O Sh. Moti Ram R/O Village Reog 317/3 0-34.20 8 Suresh Chand S/O Sh. Moti Ram R/O Village Reog 433/2 0-32-85 9 Ratesh Kumar, Rajesh Kumar & Rajender Kumar S/O Sh. Prem Singh R/O Reog 433/4 0-58-35 10 Beer Singh S/O Sh. Madho Ram R/O Village Reog 433/5 0-08-81 11 Madan Lal S/O Sh. Moti Ram R/O Village Reog 317/1 0-24-53 Refused to vacate the encroached land on protest that the encroached land is less than 5 bigha 12 Smt. Pushpa Devi W/O Sh. Parkash R/O Village Reog 433/3 0-12-98 7. Pursuant to the efforts put in by learned Amicus Curiae, encroachment, at least in first ten cases stands removed. With regard to remaining two encroachers, namely Madan Lal and Smt. Pushpa Devi, as is apparent from the averments made in para-7 of the affidavit, proceedings under relevant provisions stand initiated. Learned Amicus Curiae points out that directions should be issued to the authorities to complete the proceedings at the earliest. Also, the Forest Department should be asked to fence the area to ensure further no encroachment takes place. 8. Mr. Ranjan Sharma, learned Additional Advocate General states that an endeavour shall be made to conclude the proceedings against two encroachers at the earliest and the area retrieved shall be fenced within two months from today. 9. Affidavit also discloses that the case property i.e. timber stands recovered by the police. In so far as criminal investigation is concerned, we direct that the same shall be completed expeditiously and Challan presented preferably within a period of nine months from today. Let an affidavit of compliance be filed 10. In view of the above, we see no reason to keep the present petition alive and as such, close the same.
In so far as criminal investigation is concerned, we direct that the same shall be completed expeditiously and Challan presented preferably within a period of nine months from today. Let an affidavit of compliance be filed 10. In view of the above, we see no reason to keep the present petition alive and as such, close the same. Before parting, we wish to place on record with appreciation, the efforts put in by Mr. Suneet Goel, learned Amicus Curiae, who, on the instructions of this Court, contacted letter petitioner and obtained necessary feedback. 11. Registry is directed to send a copy of this judgment to the Divisional Forest Officers, Theog and Rohru, for necessary action.