The Tribunal ordered the Secretary (Home), MP, to constitute a committee to remove encroachment from forest land in Balaghat, noting threats to officials and the need for joint police-administration operations.
Direction to Secretary (Home), MP to constitute a committee within 03 months to enforce rule of law and remove encroachment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.05
BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 51/2021 (CZ)
Hemendra Kumar Applicant (s)
State of Madhya Pradesh & Ors Respondent(s)
Date of hearing: 16.12.2021
CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s): Mr. Prabhat Kumar Yadav, Adv. For Respondent(s) : Mr. Sachin K.Verma, Adv Mr. Rohit Sharma, Adv Ms. Parul Bhadoria, Adv
ORDER
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Balaghat, M.P. and (iii) A Representative from Madhya Pradesh Pollution Control Board was constituted with the directions to submit the Factual and Action Taken Report.
In compliance of the Hon'ble NGT order a committee of following officers visited the site located at village- Bori Beat No. 1706 Tehsil-Birsa Dist-Balaghat on 10th September, 2021:
Field Observations:
Earlier Action Taken by Authorities:
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Legal action of removing the encroachment could not be carried out because of threats made by encroachers about harming themselves and unavailability of police force which caused an eruption of dispute causing a law and order situation.
| S No | Name of offender | Area freed from encroachment (approx) |
|---|---|---|
| 1 | Rambhaj S/o Tirath Gandharv Village Dorli |
0.750 Hac. |
| 2 | Anuj S/o Premlal Teli, Village Bori | 0.750 Hac. |
| 3 | Pitam S/o Kanhaiya Teli Village Bori | 0.500 Hac. |
| 4 | Jalam S/o Jhunau Village Singhanpuri | 2.500 Hac. |
| 5 | Gendsing S/o Barsan Gond Village Singhanpuri |
0.500 Hac. |
| 6 | Hirmotin bai W/o Dheeraj Sahu Village Bori |
3.500 Hac. |
| 7 | Sukhu S/o Vishnu Gond Village Bori | 0.500 Hac. |
Recommendations:
In the above mentioned forest land there is definite chances of eruption of law and order Situation while carrying out encroachment removal operations. That is why a joint operation of district administration, police department and forest department in needed. Thus, this issue should be proposed to the task force so that the legal proceedings of eviction of encroachers can be done with proper planning involving district administration, police department and
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forest department with proper number of female frontline staff.
Encroachers which mostly include villagers belonging to ST/SC threaten the government officials about harming themselves; falsely accusing the officials of breaking the provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act 1989 and complaining with other false accusations. Thus govt. officials should be given immunity for lawfully discharging their public functions.
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The Original Application No. 51 of 2021 is finally disposed of.
Sheo Kumar Singh, JM
Arun Kumar Verma, EM
16TH December, 2021 O.A. No. 51/2021 (CZ) PU
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3 issues framed by the court
Whether authorities should constitute a committee to remove illegal encroachment on forest land.
Whether immunity should be granted to officials facing false accusations by encroachers.
What measures are needed to enforce rule of law while removing encroacher from forest land.
1 provisions across 1 enactments
Hemendra Kumar
State of Madhya Pradesh
Sheo Kumar Singh
Arun Kumar Verma
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
