Remanded

News Item Appearing in Deccan Herald Dated 19.07.2024 Titled Bengaluru Urban District Officials Recover 101 Acres of Encroached Forest Land vs

NGT5 Aug 2024Original Application No. 1045/2024

Case brief

AI extract

What is this about?

This suo motu application discusses alleged illegal encroachment of over 2,000 acres of forest land in Bengaluru. The Bench noted government agency involvement and transfer of the matter to the Southern Zonal Bench for action.

What did the court decide?

Original Application transferred to Southern Zonal Bench, Chennai for appropriate further action and listed for hearing.

News Item Appearing in Deccan Herald Dated 19.07.2024… — Environment and Pollution | NGT (2024)

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Item No. 06

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 1045/2024

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News item appearing in Deccan Herald dated 19.07.2024 titled “Bengaluru Urban District officials recover 101 acres of encroached forest land”

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Date of hearing: 05.08.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondent: Mr. Rajat Jonathan Shaw, Adv. for R - 1 & 2 (Through VC)

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ORDER

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This original application is registered suo motu on the basis of the news item titled “Bengaluru Urban District officials recover 101 acres of encroached forest land” appearing in Deccan Herald dated 19.07.2024.

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The news item relates to the alleged illegal encroachment of over 2,000 acres of forest land out of the 24,690 acres of forest is under the Bengaluru Urban District of Karnataka. As per the news article, the Bengaluru Urban Division has recovered 101.5 acres of forest land this year. The article states that the officials have reclaimed 45 acres and 35.68 guntas in 13 separate cases and additional 55 acres and 23 guntas, which resulted in a total recovery of 101 acres and 18.68 guntas from encroachers between July 2023 and July 2024.

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The news item highlights t hat government agencies were among the encroachers in many cases. Hindustan Machine Tools & Bangalore Development Authority were evicted from 18 acres, and 7 acres and 18 gutas, respectively. Many individuals have also secured status quo orders

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from the Karnataka High Court. The article claims that most years, the recovery is around 10 to 15 acres due to complicated legal procedures.

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The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of Karnataka Forest act 1963, the Forest (Conservation) Act 1980, and the Environment Protection Act, 1986.

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Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 .

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Hence, we implead the following as respondents in the matter for furnishing of current status:

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(1). The Principal Chief Conservator of Forests, Karnataka Aranya Bhavan, Malleshwaram, Bengaluru – 560003.

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(2). District Magistrate, Bengaluru Urban, Kempegowda Road, Behind Kandaya Bhavana, Bengaluru Urban District Bengaluru- 560009.

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(3). Ministry of Environment and Forest, Through its Regional Office, Regional Office (SZ), Kendriya Sadan, 4th Floor, E&F, Wings, 17th Main Road, Koramangala II Block, Bangalore – 560034

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Mr. Rajat Jonathan Shaw, Advocate accepts notice on behalf of Respondent No. 1 & 2 and seeks four week’s time to file the reply. Let Notice be issued to Respondent No. 3 for filing its response before the appropriate Bench of the Tribunal at least one week before the next date of hearing.

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Since the matter falls within the jurisdiction of Southern Zonal Bench of the Tribunal, therefore, the OA is transferred to the Southern Zonal Bench, Chennai for appropriate further action. Let the original record of the OA be transferred to Southern Zonal Bench, Chennai.

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List before Southern Zonal Bench at Chennai on 30.09.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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August 05, 2024 Original Application No. 1045/2024 SN

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News Item Appearing in Deccan Herald Dated 19.07.2024 Titled Bengaluru Urban District Officials Recover 101 Acres of Encroached Forest Land vs

Case brief

What is this about?

What did the court decide?

News Item Appearing in Deccan Herald Dated 19.07.2024 Titled Bengaluru Urban District Officials Recover 101 Acres of Encroached Forest Land vs

Case brief

What is this about?

What did the court decide?

What the court decided

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