1. Aggrieved by the action of the Respondent No. 4, the Municipal Corporation, Jodhpur, wherein the Corporation was going to launch a Farm House Scheme on the land admeasuring 66 bighas and 14 biswas situated in Khasra No. 885/2 and other part of the land admeasuring 103 bighas situated in Khasra No. 885 belonging to the forest department, this application has been filed with the prayer to restrain the respondent from launching the said Farm House Scheme on the land in question and to ensure the protection of forest land situated in various Khasra recorded as forest and to direct the respondents to immediately stop any activity including construction activities in furtherance of the impugned Farm House Scheme and to preserve the Umeed Sagar Dam from encroachment by the Respondent.
2. The contention of the applicant is that:
(a) that the entire land situated in Khasra No. 885 as a matter of fact is uncultivable land recorded as 'Pahad Bhakhar' and therefore, it is not understandable that how and in what manner the respondent No. 4 is coming out with the said Farm House Scheme on the land which is admittedly recorded in the revenue record as 'Gail-Mumkin Pahad' i.e. uncultivated land and also it is not known that how the Khasra No. 885 has further been bifurcated in 885/2 Min and 885 Min and so also, it is not gathered conclusively that the said original Khasra No. 885 on bifurcation into two mins comprising of 66.14 bighas of land also does not match the figure either in the notification dated 12.07.1990, whereby certain khasras were declared to be the 'protected forest area' nor the same is in consonance with the said Misal Bandobast as well as revenue record. The act of respondent No. 4 in commencing the work on the site by way of cutting the Hilly region certainly amounts to disturbing the ecological balance and is a serious threat to the environment as cutting of Pahad or for that matter the Hilly region is prohibited under the Environmental Laws, more particularly, the Environment (Protection) Act and is also in defiance of various authoritative pronouncements by the Hon'ble Supreme Court and various Hon'ble High Courts including the Rajasthan High Court in this regard.
(b) As a part and parcel of Hilly Region where the land in question is situated, a very old and historical Ummed Sagar Dam/Canal is situated. The said Ummed Sagar Darn was constructed way back in the year 1893 by erstwhile Maharaja Shri Jaswant Singh with the storage capacity of 3000 million cubic feets and the catchment area spread across 800 bighas. But unfortunately due to the rampant illegal encroachments the same has now been reduced into a small pond; dam used to maintain the level of groundwater and wells in the surrounding areas but the area is shrinking speedily and the depth silted. The groundwater in nearby areas as gone down substantially affecting the agriculture prospective of the area around miserably. Needless to say that the Dam used to nurture the inhabitants of the Jodhpur City sufficiently and it did serve the purpose successfully for decades until 2008. However, thereafter the PHED, Government of Rajasthan started using its water. But however, the PHED was all along negligent in properly maintaining this Dam and also rampant encroachments on the catchment area created wreak-havoc of not only to the Dam but also of the catchment area.
3. Issue raised in this application is encroachment of the Forest Land, which has been notified as Protected Forest under Section 29(1) of the Rajasthan Forest Act, 1953, vide notification dated 12.07.1990. Vide notification dated 04.03.1950 published in the official Gazette of Rajasthan with the provisions that the area falling within Arawali Region of the Marwar, which was recorded as Pahad in accordance with the provisions of Section 4 & 6 of the Marwar Forest Act, 1934, is protected forest. The Municipal Corporation, Jodhpur without any authority and against the provision of law is transferring the land to others and developing it into Farm Houses. The Khasra Plot No. 885, as per revenue record is shown as land Pahad, which has been declared as protected Forest area and action of the Respondent is contrary to the circulars/notifications issued by the Government from time to time declaring/notifying the land as protected forest area and also against the Doctrine of Public Trust and Law laid down by Hon'ble the Supreme Court in the matter of T.N. Godavarman.
4. The matter was taken up on 17.08.2020 and notices were issued to the respondents. The committee was also constituted to submit factual and action taken report.
5. In compliance thereof, the committee consisting Collector, Jodhpur, Representative of Forest Department and Representative of State of Pollution Control Board, Rajasthan had submitted the report.
6. The applicant has relied on notification dated. 04.03.1950 whereby the area falling under the Arawali region of the Marwar was declared in accordance with the provisions section 4 & 6 of the Marwar Forest Act 1934 as Pahad, which comprises mountains Dev Kund Pahads, Motipura Pahad, Chanana Machiya Pahad, Lal Sagar Pahad, Bhuteshwar Jod Vyas Ki Baori and their mention in notification dated 12.07.1990. Further that at sl. No. 9 mentioned as "Bada Bhakhar" comprising Khasra No. 885 total land admeasuring 553 bighas and 16 biswas has been recorded as 'Gair Mumkin Pahad' and total area had been declared to be a 'Protected Forest'. If we examine the notification dated 12.07.1990 the Khasra number finds place at Sl. No. 9 and recorded as Protected Forest. The notification further includes the ownership and the land has been recorded in the name of forest department and none has authority to transfer the land without adopting the procedure as contained in Indian Forest Act, 1927 and Forest Conservation Act, 1980. The notification at sl. No. 5 further contains the provision that major portion of the land has been mutated in the name of Forest Department. It is contended by the Learned Counsel for the applicant that the Collector with condition that 20% of the revenue shall be deposited as State revenue, permitted the sale or allotment of the land to others, which is contrary to the provisions of Indian Forest as well as Forest Conservation Act.
7. The Learned Counsel for the applicant has taken reliance of the matter reported as T.N. Godavarman Thirumulpad Vs. Union of India, (1997) 2 SCC 267 [LQ/SC/1996/2183] at page 269, the Hon'ble Supreme Court has held that"-
"The Forest Conservation Act, 1980 was enacted with a view to further deforestation which ultimately results in ecological imbalance; and therefore, the provisions made therein for the conservation of forests and for matters connected therewith must apply to all forests irrespective of the nature of ownership or classification thereof. The word "forest" must be understood according to its dictionary meaning. This description covers all statutorily recognized forests, whether designated as reserved, protected or otherwise for the purpose of Section 2(i) of the Forest Conservation Act. The term "forest land", occurring in Section 2, will not only include "forest" as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership. This is how it has to be understood for the purpose of Section 2 of the. The provisions enacted in the Forest Conservation Act, 1980 for the conservation of forests and the matters connected therewith must apply clearly to all forests so understood irrespective of the ownership or classification thereof."
8. The National Forest Policy, 1988 stood enunciated pursuant to Resolution No. 13/52-F, dated 12-05-1952 of Government of India to be followed in the management of State forests in India. The said Policy stood enunciated because over the years forests in India had suffered serious depletion due to relentless pressures arising from ever increasing demand for fuel wood, fodder and timber; inadequacy of protection measures; diversion of forest lands to non-forest uses without ensuring compensatory afforestation and essential environmental safeguards; and the tendency to look upon forests as revenue earning resource. Thus, there was a need to review the situation and to evolve, for the future, a strategy of forest conservation including preservation, maintenance, sustainable utilization, restoration and enhancement of the natural environment. It is this need which led to the enunciation of the National Forest Policy dated 07/12/1988.
9. The principal aim of the Policy was to ensure environmental stability and maintenance of ecological balance. The derivation of direct economic benefit was to be subordinate to the principal aim of the Policy. Under essentials of forest management it is stipulated that exiting forests and forest lands should be fully protected and their productivity improved. It is further stipulated that forest cover should be increased rapidly on hill slopes, in catchment areas and ocean shores. It is further stipulated that diversion of good and productive agricultural lands to forestry should be discouraged in view of the need for increased food Production.
10. Under the Policy a strategy was prescribed vide Para 4. The goal is to have a minimum of one-third of the total land area under forest or tree cover. In the hills and in mountains the aim is to maintain two-third of the area under forest or tree cover in order to prevent erosion and land degradation and to ensure the stability of the fragile ecosystem. Under Para 4.2.3, village and community lands, which is the common feature in north-east regions, not required for other productive uses, should be taken up for development of tree crop and fodder resources and the revenue generated through such programmes should belong to the panchayats where lands are vested in them and in other cases such revenues should be shared with local communities to provide an incentive to them and accordingly land laws should be so modified wherever necessary so as to facilitate and motivate individuals and institutions to undertake tree farming.
11. Para 4.4 deals with diversion of forest lands for non-forest purposes. Under the said para it is stipulated that forest land or land with tree cover should not be treated merely as a resource readily available to be utilised for various projects, but as national asset which requires to be properly safeguarded for providing sustained benefits to the community. Diversion of forest land for non-forest purpose therefore should be subject to most careful examination by experts from the standpoint of social and environmental costs and benefits."
12. Trees play a very important role in maintaining the ecological balance in the biosphere. Since the beginning, trees have furnished us with two of life's essentials, food and oxygen. On an average, one tree produces nearly 260 pounds of oxygen and absorbs up to 48 lbs of carbon dioxide a year. With the evolution of human civilization contribution of trees in making our life comfortable increased several fold, i.e., they provide to meet out necessities such as clothing, shelter, medicine, and tools. Today, their value continues to increase and more benefits of trees are being discovered as their role expands to satisfy the needs created by our modern lifestyles.
Trees contribute to our environment by providing oxygen, improving air quality, climate amelioration, conserving water, preserving soil, and supporting wildlife. During the process of photosynthesis, trees take in carbon dioxide and produce oxygen we breathe. They provide us with fresh air to breathe, shade in summers, food and other benefits without which we cannot even think of living. Trees control climate by moderating the effects of the sun, rain and wind. Leaves absorb and filter the sun's radiant energy, keeping things cool in summer. Trees also preserve warmth by providing a screen from harsh wind. In addition to influencing wind speed and direction, they shield us from the downfall of rain, sleet and hail.
Trees lower air temperature and reduce the heat intensity of the greenhouse effect by maintaining low levels of carbon dioxide. Both above and below ground, trees are essential to the ecosystems in which they occur. Far reaching roots hold soil in place and fight erosion. Trees absorb and store rain water which reduce runoff and sediment deposit after storms. This helps the ground water supply recharge, prevent the transport of chemicals into streams and prevents flooding. Fallen leaves make excellent compost that enriches soil. In the present day scenario trees in Urban Environment help in muffling the urban noise. In Suburban Environment's they help in providing shade canopy and noise buffers and also congenial habitat for suburban wildlife, while in the rural environment they protect the crops from wind, control erosion and create diverse plant and animal habitats.
Despite knowing the importance of trees, human beings are still cutting down the trees and forests have started depleting from this beautiful earth.
13. The Forest Conservation Act, 1980 was enacted with a view to check further deforestation which ultimately results in ecological imbalance; and therefore, the provisions made therein for the conservation of forests and for matters connected therewith, must apply to all forests irrespective of the nature of ownership or classification thereof. The word "forest" must be understood according to its dictionary meaning. This description covers all statutorily recognized forests, whether designated as reserved, protected or otherwise for the purpose of Section 2(i) of the Forest Conservation Act. The term "forest land', occurring in Section 2, will not only include "forest" as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership. This is how it has to be understood for the purpose of Section 2 of the. The provisions enacted in the Forest Conservation Act, 1980 for the conservation of forests and the matters connected therewith must apply clearly to all forests so under stood irrespective of the ownership or classification thereof.
14. Section 2 of the Forest (Conservation) Act 1980 restricts de-reservation of forest or use of forest land for non-forest purposes as under:
"2. Restriction on the de-reservation of forests or use of forest land for non-forest purpose. Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing-
(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;
(ii) that any forest land or any portion thereof may be used for any non-forest purpose;
(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization not owned, managed or controlled by Government; 12
(iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for re-afforestation.
Explanation - For the purpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for-
(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants;
(b) any purpose other than re-afforestation;
but does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes."
15. Rule 9 of the Forest (Conservation) Rules 2003 also provides for proceedings against persons guilty of offences under the act which are as under:
"9. Proceedings against persons guilty of offences under the.-(1) The Central Government may, by notification, authorize any officer not below the rank of Conservator of Forests or the concerned forest officer having territorial jurisdiction over the forest land in respect of which the said offence is said to have been committed, to file complaints against the person (s) prima-facie found guilty of offence under the or the violation of the rules made thereunder, in the court having jurisdiction in the matter.
Provided that no complaint shall be filed in the court, without giving the person (s) or officer (s) or authority (s) against whom the allegations of offence exist, an opportunity to explain his or their conduct and to show cause, by issuing a notice in writing of not less than sixty days, as to why a complaint should not be filed in the court against him or them for alleged offences.
(2) The officer authorised by the Central Government in sub-rule (1) may require any State Government or its officer or any person or any other authority to furnish to it within a specified period any reports, documents, statistics and any other information related to 13 contravention of the or the rules made thereunder, considered necessary for making a complaint in any court of jurisdiction and every such State Government or officer or person or authority shall be bound to do so."
16. The Hon'ble Supreme Court of India in T.N. Godavarman Thirumulpad Vs. Union of India and others in W.P.(c) No. 202 of 1995 with No. 171 of 1996 which was decided on 12.12.1996 had observed and directed as follows:
"1. In view of the great significance of the points involved in these matters, relating to the protection and conservation of the forests throughout the country, it was considered necessary that the Central Government as well as the Governments of all the States are heard. Accordingly, notice was issued to all of them. We have heard the learned Attorney General for the Union of India, the learned Counsel appearing for the States and the Parties/Applicants and, in addition, the learned Amicus Curiae, Shri H.N. Salve, assisted by Sarvashri U.U. Lalit, Mahender Das and P.K. Manohar. After hearing all the learned Counsel, who have rendered very able assistance to the Court, we have formed the opinion that the matters require a further in-depth hearing to examine all the aspects relating to the National Forest Policy. For this purpose, several points which emerged during the course of the hearing for some time to enable the learned counsel to further study these points.
2. However, we are of the opinion that certain interim directions are necessary at this stage in respect of some aspects. We have heard the learned Attorney General and the other learned Counsel on these aspects.
3. It has emerged at the hearing, that there is a misconception in certain quarters about the true scope of the Forest Conservation Act, 1980 (for Short " the") and the meaning of the word "forest" used therein. There is also a resulting misconception about the need of prior approval of the Central government, as required by Section 2 of the Act, in respect of certain activities in the forest area which are more often of a commercial nature. It is necessary to clarify that position.
4. The Forest Conservation Act, 1980 was enacted with a view to check further deforestation which ultimately results in ecological imbalance; and therefore the provisions made therein for the conservation of forests and for matters connected therewith, must apply to all forests irrespective of the nature of ownership or classification thereof. The word "forest" must be understood according to its dictionary meaning. This description covers all statutorily recognised forest, whether designated as reserved, protected or otherwise for the purpose of Section 2(i) of the Forest Conservation Act. The term "forest land", occurring in Section 2, will not only include "forest" as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership. This is how it has to be understood for the purpose of Section 2 of the. The provisions enacted in the Forest Conservation Act, 1980 for the conservation of forests and the matters connected therewith must apply clearly to all forest so understood irrespective of the ownership or classification thereof. This aspect has been made abundantly clear in the decisions of this Court in Ambica Quarry Works V. State of Gujarat, Rural Litigation and Entitlement Kendra V. state of U.P. and recently in the order dated 29.11.1996 (Supreme Court Monitoring Committee V. Mussoorie Dehradun Development Authority). The earlier decision of this court in state of Bihar V. Banshi Ram Modi has, therefore, to be understood in the light of these subsequent decisions. We consider it necessary to reiterate this settled position emerging from the decisions of this Court to dispel the doubt, if any, in the perception of any State Government or authority. This has become necessary also because of the stand taken on behalf of the State of Rajasthan, even at this late stage, relating to permissions granted for mining in such area which is clearly contrary to the decisions of this Court. It is reasonable to assume that any state government which has failed to appreciate the correct position in law so far, will forthwith correct its stance and take the necessary remedial measures without any further delay.
5. We further direct as under:
I. General
1. In view of the meaning of the word "forest" in the, it is obvious that prior approval of the Central Government is required for any non-forest activity within the area of any "forest". In accordance with Section 2 of the Act, all on-going activity within any forest in any State throughout the country, without the prior approval of the Central Government, must cease forthwith. It is, therefore, clear that the running of saw mills of any kind including veneer or plywood mills, and mining of any mineral are non-forest purposes and are, therefore, not permissible without prior approval of the Central Government. Accordingly, any such activity is prima facie violation of the provisions of the Forest conservation Act, 1980. Every State Government must promptly ensure total cessation of all such activities forthwith.
2. In addition to the above, in the tropical wet evergreen forests of Tirap and Changlang in the State of Arunachal Pradesh, there would be a complete ban on felling of any kind of trees therein because of their particular significance to maintain ecological balance needed to preserve bio-diversity. Al saw mills, veneer mills and plywood mills in Tirap and Changlang in Arunachal Pradesh and within a distance of 100 kms from its border, in Assam, should also be closed immediately. The State governments of Arunachal Pradesh and Assam must ensure compliance of this direction.
3. The felling of trees in all forest is to remain suspended except in accordance with the working plans of the State Governments, as approved by the Central Government. In the absence of any working plan in any particular State, such as Arunachal Pradesh, where the permit system exists, the felling under the permits can be done only by the Forest Department of the State Government or the State Forest Corporation.
4. There shall be a complete ban on the movement of cut trees and timber from any of the seven North-Eastern States to any other State of the country either by rail, road or waterways. The Indian Railways and the State Government are directed to take all measures necessary to ensure strict compliance of this direction. This ban will not apply to the movement of certified timber required for defence or other Government purposes. This ban will also not affect felling in any private plantation comprising of trees planted in any area which is not a forest.
5. Each State Government should constitute within one month an Expert Committee to:
(i) Identify areas which are "Forests", irrespective of whether they are so notified, recognised or classified under any law, and irrespective of the ownership of the land of such forest;
(ii) identify areas which were earlier forests but stand degraded, denuded or cleared; and
(iii) Identify areas covered by plantation trees belonging to the Government and those belonging to private person.
6. Each State Government should within two months, file a report regarding:
(i) the number of saw mills, veneer and plywood mills actually operating within the State, with particulars of their real ownership.
(ii) the licensed and actual capacity of these mills for stock and sawing.
(iii) their proximity to the nearest forest. (iv) their source of timber.
7. Each State Government should constitute within one month, an Expert Committee to assess:
(i) the sustainable capacity of the forests of the State qua saw mills and timber-based industry.
(ii) the number of existing saw mills which can safely be sustained in the State.
(iii) the optimum distance from the forest, qua that State, at which the saw mill should be located.
8. The Expert Committee so constituted should be requested to give its report within one month of being constituted.
9. Each State Government would constitute a Committee comprising of the Principal Chief Conservator of Forests and another Senior Officer to oversee the compliance of this order and file status reports."
8. In compliance of the order of the Hon'ble Supreme Court, the State Government of Madhya Pradesh has decided as follows:
"(i) Non-cultivable land which are bigger than 10 ha in area and containing more than 200 trees per ha is to be treated as forests.
The list of these types of patches is to be compiled in a prescribed format.
(ii) All patches of land which are recorded as chote-bade jhad ka jungle etc in the revenue records shall be treated as forests. The list of these type of patches is to be compiled in a prescribed format."
17. Before considering the issues which arose in this application it is necessary to look into the scheme and the nature of the proceedings which are holding under the provisions of the Indian Forest Act. This Act was enacted to consolidate the law relating to forest land, the transit of forest produce and other connected matter. Chapter XI of the relates to reserved forest. Section 3 provides the power to reserve forest. This section provides that the State Government may constitute any forest-land or waste-land which is property of the Government or over which the Government has proprietary rights, a reserved forest. Section 3, 4, 5, 6, 7, 8 and 9 are quoted as under:
Power to reserve forests-The State Government may constitute any forest-land or waste-land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided.
4. Notification by State Government-(1) Whenever it has been decided to constitute any land a reserved forest, the State Government shall issue a notification in the Official Gazette-
(a) declaring that it has been decided to constitute such land a reserved forest;
(b) specifying, as nearly as possible, the situation and limits of such land; and
(c) appointing an officer (hereinafter called "the Forest Settlement officer") to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits or in or over any forest-produce, and to deal with the same as provided in this Chapter.
Explanation-For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries.
(2) The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not holding any forest-office except that of Forest Settlement-officer.
(3) Nothing in this section shall prevent the State Government from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest office except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act.
5. Bar of accrual of forest-rights-After the issue of a notification under section 4, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or some person in whom such right was vested when the notification was issued; and no fresh clearings for cultivation or for any other purpose shall be made in such land except in accordance with such rules as may be made by the State Government in this behalf.
6. Proclamation by Forest Settlement-officer-When a notification has been issued under section 4, the Forest Settlement-officer shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation
(a) specifying, as nearly as possible, the situation and limits of the proposed forest;
(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and
(c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in section 4 or section, 5 within such period either to present to the Forest Settlement-officer a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof.
7. Inquiry by Forest Settlement-officer-The Forest Settlement officer shall take down in writing all statements made under section 6, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in section 4 or section 5 and not claimed under section 6 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same.
8. Powers of Forest Settlement-officers-For the purpose of such inquiry, the Forest Settlement-officer may exercise the following powers, that is to say:
(a) power to enter, by himself or any officer authorized by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and
(b) the powers of a Civil Court in the trial of suits.
9. Extinction of rights-Rights in respect of which no claim has been preferred under section 6, and of the existence of which no knowledge has been acquired by inquiry under section 7, shall be extinguished, unless before the notification under section 20 is published, the person claiming them satisfies the Forest Settlement-officer that he had sufficient cause for not prefer-ring such claim within the period fixed under section 6.
18. Section 11 provides that the Forest Settlement Officer shall pass an order admitting or rejecting the claim to right on or any land. Sub-Section (2) of Section 11 provides that if claim is admitted in whole or in part then he will either exclude such land from the limits of the proposed forest and come to an agreement with the owner thereof for the surrender of his rights, or proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894.
19. Section 17 provides for rights of appeal to a claimant against the order of Forest Settlement Officer to such officer of a Revenue Department of rank not lower than that of a Collector, as the State Government by notification in the Official Gazette appoint to hear appeals from such orders. The section also contemplates creation of a court named Forest Court. Section 20 Provides for issue of notification declaring reserve forest. Section 17, 18 and 20 are extract as below:
17. Appeal from order passed under section 11, section 12, section 15 or section 16- Any person who has made a claim under this Act, or any Forest-officer or other person generally or specially empowered by the State Government in this behalf, may, within three months from the date of the order passed on such claim by the Forest Settlement-officer under section 11, section 12, section 15 or section 16, present an appeal from such order to such officer of the Revenue Department of rank not lower than that of a Collector, as the State Government may, by notification in the Official Gazette, appoint to hear appeals from such orders:
Provided that the State Government may establish a Court (hereinafter called the Forest Court) composed of three persons to be appointed by the State Government, and when the Forest Court has been so established, all such appeals shall be presented to it.
18. Appeal under section 17-(1) Every appeal under section 17 shall be made by petition in writing, and may be delivered to the Forest Settlement-officer, who shall forward it without delay to the authority competent to hear the same.
(2) If the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed for the time being for the hearing of appeals in matters relating to land-revenue.
(3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties, and shall hear such appeal accordingly.
(4) The order passed on the appeal by such officer or Court, or by the majority of the members of such Court, as the case may be, shall, subject only to revision by the State Government, be final.
20. Notification declaring forest reserved-(1) When the following events have occurred, namely:-
(a) the period fixed under section 6 for preferring claims have elapsed and all claims (if any) made under that section or section 9 have been disposed of by the Forest Settlement-officer;
(b) if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate officer or Court; and
(c) all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under section 11, elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), have become vested in the Government under section 16 of that Act, the State Government shall publish a notification in the Official Gazette, specifying definitely, according to boundary-marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification.
(2) From the date so fixed such forest shall be deemed to be a reserved forest.
20. Further Section 23, 24 and 26 are extract as below:
23. No right acquired over reserved forest, except as here provided-No right of any description shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or on behalf of the Government or some person in whom such right was vested when the notification under section 20 was issued.
24. Rights not to be alienated without sanction-(1) Notwithstanding anything contained in section 23, no right continued under clause (c) of sub-section (2) of section 15 shall be alienated by way of grant, sale, lease mortgage or otherwise, without the sanction of the State Government:
Provided that, when any such right is appendant to any land or house, it may be sold or otherwise alienated with such land or house.
(2) No timber or other forest-produce obtained in exercise of any such right shall be sold or bartered except to such extent as may have been admitted in the order recorded under section 14.
26. Acts prohibited in such forests-(1) Any person who-
(a) makes any fresh clearing prohibited by section 5, or
(b) sets fire to a reserved forest, or, in contravention of any rules made by the State Government in this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest; or who, in a reserved forest-
(c) kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this behalf,
(d) trespasses or pastures cattle, or permits cattle to trespass;
(e) causes any damage by negligence in felling any tree or cutting or dragging any timber;
(f) fells, girdles, lops, or bums any tree or strips off the bark or leaves from, or otherwise damages, the same;
(g) quarries stone, bums lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest-produce;
(h) clears or breaks up any land for cultivation or any other purpose;
(i) in contravention of any rules made in this behalf by the State Government hunts, shoots, fishes, poisons water or sets traps or snares; or
(j) in any area in which the Elephants' Preservation Act, 1879 (6 of 1879), is not in force, kills or catches elephants in contravention of any rules so made, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid.
(2) Nothing in this section shall be deemed to prohibit
(a) any act done by permission in writing of the Forest-officer, or under any rule made by the state Government; or
(b) the exercise of any right continued under clause(c) of sub-section (2) of section 15, or created by grant or contract in writing made by or on behalf of the Government under section 23.
(3) Whenever fire is caused willfully or by gross negligence in a reserved forest, the State Government may (notwithstanding that any penalty has been inflicted under this section) direct that in such forest or any portion there of the exercise of all rights of pasture or to forest produce shall be suspended for such period as it thinks fit.
Further Section 27(a) provides that act done, order made or certificate issued in exercise of any power conferred by or under this chapter shall, expect as hear in before provided be called for question in any court.
21. The scheme of the Forest Act, is evident from the various provisions as referred above, clearly provides that in the proceeding beginning by notification under Section 4 all claims regarding land included in the notification are adjudicated by an authorized officer all claims to the land can be made and adjudicated. Section 8 gives all powers of the Civil Courts to the Forest Settlement Officer available in trial of the suits. There is a appeal provided under Section 17 to the higher forum. The notification under Section 4 is to be published in Official Gazette appointing Forest Settlement Officer to enquire and determine any right in or any land. Forest Settlement Officer also issues a proclamation in every town and village in the neighbourhood to make the proceedings known to all concerned. The enquiry regarding claims is for the purpose of finding out as to whether the land in question can be declared as reserved forest or it cannot declared reserved forest due to the rights or claims of claimants and the provision further contemplate that even if right or claim of claimants has been established that is procedure for coming to agreement with the owner for surrender of his right or acquire such land in the manner provided by the Land Acquisition Act. The provision of the contemplates extension of all rights regarding land included in the reserved forest. Section 27(a) has been added giving finality to the orders passed in proceeding under the Indian Forest Act and section creates express bar of saying that the order made or certificate issued in exercise to power conferred in Chapter-II shall not be called in question.
22. The matter was again taken up on 26.05.2022 and considering the encroachment on the forest land, the Tribunal observed that the property of the State/Forest land must be protected by the state authorities and any action in negation of constitutional duties comes within the purview of public mischief by the public servant. The relevant portion are quoted below:
"20. The concept of rule of law is that the State should be governed, by the law, not by man. The Constitution of India intended for India to be a country governed by the rule of law. It provides that the constitution shall be the supreme power in the land and the legislative and the executive derive their authority from the Constitution. For the negligence of those to whom public duties have been entrusted, can never be allowed to cause public mischief.
21. When the law protector becomes the law violators, how law will be protected. The basic principle of rule of law is to follow rule/law and not to break or violate it. For the negligence of those to whom public duties have been entrusted can never be allowed to cause public mischief. Public servants if committing wrong in discharge of statutory functions and later on if it was found not be in accordance with law within the knowledge of the officer concerned then it cannot be said to be the work and duty within the definition of State Act.
22. The action and construction is not only disregard to the law but it is negation of the authority of the State by the public official doing the act and expending the budget in accordance with their wishes. An action specifically punitive action does lie for doing what the legislature has authorized if it is done negligently carelessly and in violation of the law. Under our Constitution sovereignty vests in the people. Every limb of the constitutional machinery is obliged to be people oriented. No functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behavior before authorities created under the statute like the commission or the courts entrusted with responsibility of maintaining the rule of law. Each hierarchy in the is empowered to entertain a complaint by the consumer for value of the goods or services and compensation. Any act by any officer in violation of the rules is abuse of power, deliberate maladministration, and perhaps also other unlawful acts causing injury. The servants of the government are also the servants of the people and the use of their power must always be subordinate to their duty of service. A public functionary if he acts maliciously or oppressively and the exercise of power results in harassment and agony then it is not an exercise of power but its abuse. No law provides protection against it. He who is responsible for it must suffer it. Compensation or damage as explained earlier may arise even when the officer discharges his duty malafidely and not in accordance with the guidelines, when it arises due to arbitrary or capricious behavior then it loses its individual character and assumes social significance. Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm him personally but the injury to society is far more grievous. Crime and corruption thrive and prosper in the society due to lack of public resistance. Nothing is more damaging than the feeling of helplessness. An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of standing against it. Therefore the award of compensation for harassment by public authorities not only compensates the individual, satisfies him personally but helps in curing social evil. It may result in improving the work culture and help in changing the outlook.
23. Absence of arbitrary power is the first essential of the rule of law upon which our whole constitutional system is based. In a system governed by rule of law, discretion, when conferred upon executive authorities, must be confined within clearly defined limits. The Rule of Law means that the decisions should be made by the application of known principles and rules, such decisions should be predictable and the citizens should know where he is. If decision is taken without any principle or without any rule, it is unpredictable and such decision is the anti-thesis of a decision taken in accordance with the Rule of Law. Even where there is no ministerial duty as above, and even where no recognised tort such as trespass, nuisance, or negligence is committed, public authorities or officers may be liable in damages for malicious, deliberate or injurious wrong-doing. There is thus a tort which has been called misfeasance in public office, and which includes malicious abuse of power, deliberate maladministration, and perhaps also other unlawful acts causing injury.
24. An ordinary citizen or a common man is hardly equipped to match the might of the State or its instrumentalities. That is provided by the rule of law. It acts as a check on arbitrary and capricious exercise of power. The servants of the government are also the servants of the people and the use of their power must always be subordinate to their duty of service. A public functionary if he acts maliciously or oppressively and the exercise of powers results in harassment and agony then it is not an exercise of power but its abuse. No law provides protection against it. He who is responsible for it must suffer it.
25. The Jama Bandi Khatauni prepared for the Samvat 2059 to 2062 reveals that the total area is recorded in the name of Department of Forest, Jodhpur as forest. Dy. Conservator of Forest vide his correspondence No. 10728 dated 07.01.2022 has informed the Collector as follows:
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23. In view of the above encroachments the Joint Secretary, State of Rajasthan was directed as follows:
"The reply submitted by the respondents No. 1, 2, 3 & 4 i.e. State of Rajasthan reveals that there certain encroachments but the project as mentioned by the applicant under taken by the Municipal Corporation Jodhpur is not within the knowledge of the respondents and while considering the proposal like this environmental rules shall be followed. The perusal of the report submitted by the forest department reveals that there are encroachment of the land and it is the duty of the State to protect the forest land.
Accordingly, the Chief Secretary, State of Rajasthan and Principal Chief Conservator of Forest, State of Rajasthan are directed to strictly follow the guidelines and provision contained in section 2 of the Forest Conservation Act, 1980 and also follow the guidelines issued in T.N.T.N. Godavarman Thirumulpad Vs. Union of India, (1997) 2 SCC 267 [LQ/SC/1996/2183] as quoted above and the provisions contained in the Indian Forest Act, 1927. The Principal Chief Conservator of Forest, Rajasthan is further directed to ensure that the land recorded in the name of forest must be protected and the relevant record must be always maintained in the forest department. The Chief Secretary and the Principal Chief Conservator of Forest shall ensure that there shall not be any encroachment on the forest land and if there are encroachments, necessary steps must be initiated within a reasonable time to remove the encroachments. The Forest Department must initiate prosecution proceedings in addition to removal of encroachments in accordance with law. Further action taken report be submitted before the next date of listing, by the authorities mentioned above."
24. Learned counsel for the Applicant has submitted that:
(a) It is settled proposition of law that no illegal activity is permitted either on the area which is exclusively an area falling within the protected forest land or for that matter a part and parcel of the Hilly Region.
(b) The illegal activities being carried on by the respondents in furtherance of the above referred Scheme are devastating, adversely effecting flora and faunas of the areas, allowing of the same would definitely going to adversely affect the environment as well as ecology. Thus, the respondent No. 4 being a responsible agency of the State cannot be expected to act in defiance of the 'Doctrine of Public Trust'.
(c) The Public Trust Doctrine primarily rests on the principle that certain resources like air, sea, water, mountains and the forest for such a great importance of the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being gift of nature, they should be made freely available to everyone irrespective of status of life. Thus the doctrine enjoys upon the Government to protect the resources for the enjoyment of the general public rather them to permit for use of private ownership or commercial purposes.
The said doctrine serves two purposes- (i) it mandates effective management of resources; and (ii) empowers the citizens to question the ineffective management of the natural resources. And various common resources/properties including the river, sea-sore, mountain, air etc. that are held by the Government in trusteeship for the uninterrupted use of the public. Hence, the sovereign could not therefore, transferred the public trust properties to a private party.
25. The learned counsel for the Rajasthan State Pollution Control Board has submitted that the issue with respect to deciding the nature of the land and adjudging the legality of the Jodhpur Development Authority to transfer the land from forest to residential is not within the ambit and scope of Rajasthan State Pollution Control Board or the allied acts by which, the Pollution Control Board is governed. He further contended that the primary duty of forest department is to protect the forest land.
26. Reply submitted by the Respondent No. 8 and 9 (on behalf of the Forest department) are as follows:
(i) That, in order to preserve and protect the forest wealth of Jodhpur urban area, the forest land containing forest wealth of Chandna, Motisara, Devkund, Lalsagar Bhuteshwar, Machiya, Vyas Bawdi I, Vyas Bawdi II, Vyas Bawdi III, Vyas Bawdi IV, Badabhakhar. Under the provisions of section 4 of the Marwar Forest Act, 1934, it was published in the Gazette on the State Government to get the Gazette notified. After this the Rajasthan Forest Act 1953 was implemented after the present State of Rajasthan came into existence. Under the provision of the, the re-initial Gazette notification of all the above forest blocks by the forest department proposals were submitted to the State Government on 12.07.1990 to be published in on 05.11.1992 the initial notification of the forest land of all the above forest blocks was published in the Rajasthan Gazette as a protected Forest. This preliminary gazette notification was published under the provisions of sections 29(3) of the Rajasthan Forest Act 1953. All the forest land of the above forest blocks currently holds the legal existence of the protected forest.
(ii) That the 553 bigha 16 biswa land of Khasra number 885 of Mauja Gaon of Bada Bhakar, the forest block under this office and 27 bigha 2 biswa land of 885/2 assumes the legal existence of the protected forest. The total forest area of this forest blocks, Badabhakhar, is 1610 bighas and 22 biswa. IN THE Gazette notification published in the Gazette dated 05.11.1992, the name of the forest blocks Badabhakhar is mentioned at number 9. The applicant has attached a copy of the said Gazette notification.
(iii) The copy of the order dated 15.07.2015 issued by the District Collector, Jodhpur has been received by this office as a document attached with this case. This order has been published in the Gazette dated 27.10.2015. The land mentioned in this order will be given to the Chief Secretary, Autonomous Government Department, Rajasthan Government, order dated 04.01.2012 and Chief Executive Officer, Municipal Corporation, Jodhpur in compliance with the order dated 06.05.2012, Tehsildar Jodhpur. Via letter number 743 dated 29.03.2012 it has been told to be transferred to Municipal Corporation Jodhpur. In the lower numbers of this list from 01 to 52, the land of Chaupasni Jagir, Soothla and Gaon Revenue Village has been told to be transferred to the Municipal Corporation, Jodhpur. The applicant has written on the lower number 45 of this list, the Khasra No. Out of 885/2, 66 bighas have been told to transfer 14 Biswa protected forest land to transfer to Municipal Corporation, Jodhpur. In order to find out the opportunity status of the forest land, on 31.05.2018, in relation to the demarcation of this area, a joint survey team had prepared a joint opportunity Panchnama.
(iv) That in compliance with the order dated 15.07.2015 issued by the District Collector Jodhpur, which has been published in the Rajasthan Gazette on 27.10.2015, 27 bighas have been transferred from the Forest Department's Khasra No. 885/2 to the Municipal Corporation. 3 biswa has been physically marked on the spot and at present this forest land is physically in the possession of the Forest Department. District Collector Jodhpur has been informed by this officer through letter number 10728 dated 19.01.2022 and letter number 11126 dated 01.02.2022 to cancel the order regarding transfer of forest land of Khasra number 885/2 to Municipal Corporation.
(v) Information about any form house scheme in the forest land of 885/2 has not come to the notice of this office. The District Collector, Jodhpur was apprised about not transferring 27 bigha 3 biswa land of Forest Department to the Municipal Corporation. This forest land has been marked by the joint survey team on the spot.
(vi) That the land type of the land of Khasra No. 885 and 885/2 is non-possible hill which is confirmed from Gazette dated 05.11.1992. The land type of the said Khasra is also confirmed by Misal settlement and Revenue settlement. The forest area of Jodhpur city has an important place in the environment and ecosystem and the environment is affected by any type of crime occurring in the forest area. Doing any kind of illegal work in the forest area of Jodhpur is a punishable act under the Rajasthan Forest Act 1953 and other Acts. The orders given by Hon'ble Supreme Court and Hon'ble Rajasthan High Court from time to time regarding environmental protection have been complied with.
27. The Deputy Conservator of Forest vide letter No. F/Vidhi/2022/10728 dated 19.01.2022, addressed the District Collector, Jodhpur to demarcate the forest land and further to provide the revenue record. Further vide letter correspondence dated 01.02.2022 the Deputy Conservator of Forest communicated the District Magistrate, Jodhpur to take legal necessary action in view of the provisions contained in Rule 14(4) of Rajasthan Land Revenue (Agriculture land) Rules, 1970.
28. Rajasthan Pollution Control Board has further filed an application with the copy of the circular whereby the Chief Secretary has issued directions to concerned departments to protect the forest land.
29. Respondent Nos. 1, 2, 3 and 4 has filed the reply with the facts that:
(i) At present no scheme is proposed by the Municipal Corporation Jodhpur South on Khasra No. 885/2. If any min plan will be proposed which will be done keeping in view all the while environment norms etc.
(ii) In future, if the Municipal Corporation proposes any scheme, then according to the rules, all the environmental rules will be followed and the orders given by the Hon'ble Supreme Court, Hon'ble High Court and Hon'ble National Green Tribunal from time to time will be followed.
(iii) At present there is no construction activity is going on said land 885/2. Therefore, no scheme has been launched by the District Collector or other rest of the respondents (1, 2, 3, 4) in Khasra No. 885/2
30. The detailed reply as submitted by Respondent No. 5 (the Chief Engineer, Public Health Engineering Department, Jodhpur) contains following facts:
5. According to Rajasthan Gazette dated 05.11.1992, Khasra No. 885 and 885/2 is part of Bada Bhakar block. It is the boundary of Bada Bhakar block (Annexure - No. 02) as mentioned in the said Gazette. House No. 8, Chaupasni Filter house (constructed in the year 1936) Annexure No. 04). Water pipe line of difference sizes for water supply of Jodhpur city from Takhtsagar dam to Chaupasni filter house (Annexure No. 05) both the above Khasra is located in the details of raw water pipe lines are as follow:
A. 450 mm diameter pipe line for the army.
B. 300 mm diameter pipe line for railways.
C. 300 mm diameter pipe line for industrial unit.
The work related to various types of water distribution system on the land in these Khasra is being done by the department since the year 1936. From the time of construction of Takhtsagar dam, the work related to this dam and control of gate/volve (public work department and water supply department since 1958, only public health engineering department, water pumping station/Railway pump room built in this measles and intake will and pipe line of different sixes are being used.
Over a period of time, with the increase in water demand and for the expansion of the city, construction of new filter house for water supply in rural areas/increasing the capacity of old filter houses and with increasing demand of water in the army area, pipeline of different sizes have been installed and it is being done continuously process. At present 100 mm to 1100 mm. Various pipe lines of diameter, various filter plots are passing through these khasras for supplying water to various institutions. 90 MLD in November 2020. Namta's water treatment plant and pump room (Annexure R/06) have been made operational and in these Basaro 1100 mm. Bease pipe line from Takhtsagar filter plot to new High Court has been installed for the water supply. This land will be required during the further upgradation work of the filter plot located on the land of these khasra due to increase in the population in a city.
Municipal Corporation Jodhpur Khasra No. 885/2 farm house scheme (Annexure No. 07 of the petition). Due to lack of space, it is not possible to shift various pipelines related to water supply in the approach road of this scheme proposed by the Municipal Carporation, Jodhpur in this regard, the Superintending Engineer , Municipal Circle, Jodhpur has informed the Commissioner Municipal Corporation, Jodhpur vide letter Dated 13.10.2020 (Annexure R/08) and objection has also been lodged during the work of the site. Therefore, in the public interest, it would be appropriate to cancel the farm house scheme proposed by the Municipal Corporation, Jodhpur.
16. The letter No. 8376-81 dated 27.12.2021 (Annexure R/09) which is as follow:
A. Umaidsagar dam is located in Chaupsni Jagir Village, according to the official record the filling area of Umaidsagar dam is Khasra No. 5 rakwa No. 742.14 bighas are registered in the name of agriculture Department. (Annexure No. 10 and 11 the petition).
B. The measles below the dam (7) 59 bighas, variety gair mumkin bagh is registered in the name of Agriculture Department on 12.12.2005.
C. Remaining Khasra No. 71 gair mumkin bera, Khasra No. (22) and Khasra No. (23) 10.10 Bighas of land. The department was given a lease for 20 years by the Deputy Secretary, Agriculture Department.
D. Apart from this, Khasra No. (21) out of 15.09 bighas of total land, 5.03 bighas of land the department was given to the City improvement Authority now (Jodhpur Development Authority) for making filter plant, clean reserve and pump house etc,
E. On 16.06.2016 under the Chairmanship of District Collector, Jodhpur, Umaid Dagar dam, in the meeting held regarding maintenance and use, it was decided that the Agriculture Department. The land registered in the name of Khasra No. (5) to the public self Department. It was decided to right to Mr. Commissioner Agriculture Department to Jodhpur.
H. Executive Engineer, District Khanda, Jodhpur vide letter No. 8187-92 dated 08.01.2018 has requested Commissioner Jodhpur Development Authority to take necessary action to remove encroachment from the area concerned.
31. In compliance of the order dated 26.05.2022, the Deputy Conservator of Forest, Jodhpur has submitted the compliance report as follows:
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32. A further Compliance report was called vide order dated 07.09.2022 and in compliance thereof, the Deputy Conservator of Forest has submitted the reply/compliance report on 10.10.2022 with the facts that the land which was under encroachment have been mutated in the name of forest department and the Tehsildar, Jodhpur vide his communication letter No. 2258 dated 17.08.2022 has informed the action taken in the revenue site. It is further submitted that there is a cremation ground and the matter has been reported to the competent authority for taking legal action and this has been registered as case No. 4/2022 under Section 91 of Rajasthan Land Revenue Act, 1956. The copy of the order passed by the competent authority (Court of Deputy Conservator of Forest, Jodhpur) case No. 4/2022 order dated 19.09.2022 has been annexed with report.
33. The Urban Development and Housing Department of the Government of Rajasthan was directed to submit the report and take action and in compliance thereof, it has been submitted that vide notification dated 12.07.1990, this land of Jodhpur district was declared as protected forest which includes land of Khasra No. 885 and 885/2 of village Gewa which has been recorded in the revenue record as Ger Mumkin Pahad. The copy of the notification dated 12.07.1990 has been filed as Annexure A-1.
34. It has further been argued that the action for removal of encroachments is the responsibility of Municipal Corporation, Jodhpur and the forest department. In view of the facts on 09.09.2022 the Secretary, Department of Forest was directed to see the matter personally and to ensure that there shall not be any encroachment on the forest land. The Secretary, Forest attended the proceedings of the Tribunal on 19.10.2022 through Video Conference and submitted that action has been taken to protect the forest land. The affidavit filed by the Secretary, Forest is as follow:
(i) The land related to forest block Bada Bhakher revenue Village Ganva having Khasra No. 885 and 885/2 is under the forest department, that it is important to mention that the mutation is being carried out by revenue department in favour of Forest department and at present no mutation is pending in the aforesaid Khasra No.
(ii) The forest land related to forest block Bada Bhakher revenue Village Mandore are following having its Khasra number 1259, 1262, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307 and 1406 is being registered under the Forest Department as per revenue records. Subsequently Tehsildar Jodhpur vide his letter number 2258 dated 17.08.2022 informed to Collector Jodhpur that mutation in the above Khasra number is carried out by revenue department in favour of Forest Department. Collector Jodhpur has provided the copy of the aforesaid letter to this office and enclosed the copy of Jamabandi as proof. At present no mutation is pending in above Khasra number.
(iii) In compliance of the order dated 07.09.2022 passed by the Tribunal, the Forest Secretary Government of Rajasthan held a meeting dated 29.09.2022 of all concern officers in Jaipur. Collector Jodhpur and Commissioner Nagar Nigam Jodhpur were present via video conference and other concern officers were present physically in this meeting. In the matter of encroachment of shavdah griha, Collector Jodhpur informed that the said land will be jointly surveyed by revenue officials and forest department officials and if found that this shavdah griha is situated in forest land then the diversion proposal will be submitted by concern user agency or the authorities will take appropriate action as per existing law. Forest department has already registered encroachment case vide case No. 04/2022 against commissioner Nagar Nigam South Jodhpur under Section 91 of Land Revenue Act, 1956 aforesaid matter is been pending.
35. And lastly on 29.09.2022, the Secretary, Forest, State of Rajasthan held a meeting in the presence of Additional Chief Conservator of Forest and another officers of the Department which was attended by the Collector concerned and directions has been issued that the proceedings which is pending as case No. 4/2022 should be expedited by the authorities concerned and direction has been issued to the authorities to remove the encroachments as soon as possible and for the cremation ground necessary permission for change of forest land shall be taken from the competent authority in accordance with the provisions contained in Forest Conservation Act, 1980.
36. In view of the above discussions, the proper and necessary action has been taken by the State authorities and it is for the forest department to protect the forest land by way of demarcation, fixing of pillars and regular inspection. In case of any encroachment, the authorities concerned must take legal and necessary action in accordance with law.
37. Respondents are further directed to ensure that existing encroachment is removed in accordance with law and there shall not be any further encroachment on the forest land. The matter of cremation ground shall be decided by the authorities concerned in accordance with law, within three months.
38. With these observations the Original Application No. 64/2022 stands disposed of.
