The Supreme Court has expressed strong disapproval of the ongoing encroachment on forest land in a state, highlighting a concerning nexus between bureaucrats and squatters. The court has taken a firm stance against the illegal occupation of these vital ecological areas, emphasizing the failure of state authorities to protect these resources.
The court's concern stems from alarming statistics revealing the extent of the problem. In Uttarakhand, as of April 2023, approximately 11,900 hectares of forest land were illegally occupied out of the 53.48 lakh hectares of total ecological area. This data underscores a significant failure by state authorities to protect these resources. The Chief Justice of India (CJI) remarked during a hearing that the encroachment continued unabated while state officials remained mere spectators.
Data presented to the Lok Sabha in 2022 indicated that Uttarakhand ranked third among Himalayan states in terms of forest land grabbing, with 10,649 hectares encroached upon. An affidavit submitted to the National Green Tribunal (NGT) by the Forest Department further revealed that 2,400 hectares were lost to encroachers in the six years leading up to January 2025, despite the state government's claim of reclaiming 2,023 hectares during the same period. In 2017, encroachment was recorded at 9,506 hectares across 31 forest divisions.
The Supreme Court has ordered the immediate repossession of all vacant forest land, excluding existing residential structures. The court's ruling emphasizes that land grabbers cannot seek refuge under the law. The court has also directed state governments and Union Territories to reclaim reserved forests allotted to private parties. Chief Secretaries of States and Administrators of Union Territories are directed to form Special Investigation Teams to examine if forest lands in the possession of their respective Revenue Departments have been allotted to private parties for non-forest activities. The authorities are instructed to take back possession of such forest lands from private individuals and entities and hand them over to the forest departments.
In a related case, the Supreme Court declared illegal the allotment of 11.89 hectares of reserve forest land in Pune for agricultural purposes in 1998 and its subsequent sale to a builder the following year. Chief Justice Gavai stated that the case exemplified how the nexus between politicians, bureaucrats, and builders results in the conversion of precious forest land for commercial purposes. The court quashed the Environmental Clearance granted to the builder in 2007 and ordered the land to be transferred to the forest department.
These rulings highlight the Supreme Court's commitment to protecting forest lands and preventing their exploitation through illegal encroachment and bureaucratic malfeasance. The court stressed that the executive, acting under the doctrine of public trust, cannot abdicate natural resources and convert them into private ownership or for commercial use. The court has directed that all transfers of land from the revenue department to the forest department be completed within one year. The Supreme Court's intervention underscores the urgent need for state governments to take decisive action to protect forest lands and prevent further encroachment.
