News Item Titled Illegal Encroachment of Forest Land Appearing in the Eenadu Chennai Edition Dated 29 01 2025 v. Ministry of Environment Forest and Climate Change through Its Regional Office Rep by Its Regional Director

NGT8 Jul 2025Original Application No. 25/2025

Case brief

AI extract

What is this about?

This suo motu application arose from news reports of illegal forest encroachment in Andhra Pradesh. Following a departmental report confirming pending High Court writ petitions challenging eviction notices and active criminal proceedings, the Tribunal directed authorities to await these outcomes and closed the application.

What did the court decide?

Direction to proceed according to outcomes of pending High Court writ petitions and criminal proceedings; application closed.

News Item Titled Illegal Encroachment of Forest Land… — Environment and Pollution | NGT (2025)

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Item No.2:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Tuesday, the 08^th day of July 2025.

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[Through Physical Hearing (Hybrid Option)]

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Original Application No.25 of 2025 (SZ)

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IN THE MATTER OF

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Tribunal on its own motion Suo Motu based on the news item published in The Eenadu, Chennai Edition, dated 31.01.2025 titled “Illegal encroachment of forest land”

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AND

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1. Ministry of Environment, Forests and Climate Change

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Regional Office,

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Rep. by its Regional Director, Kendriya Sadan, 4^th Floor, E&F Wings, 17^th Main Road, Koramangala II Block, Bangalore – 560 034.

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2. Principal Chief Conservator of Forests (HoFF)

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Aranya Bhavan, P.V.S. Land Mark, Near APIIC Towers, Mangalagiri, Guntur District – 522 503 Andhra Pradesh.

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3. Collector/District Magistrate

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Vivekananda Bhavan, Vellore Road, Chittoor.

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...Respondent(s)

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For Applicant (s): Suo Motu. For Respondent(s): Mr. Sai Srujan Tayi for R1. Mrs. Madhuri Donti Reddy for R2 & R3.

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Judgment Reserved on: 30^th June, 2025.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

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HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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Page 1 of 7

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J U D G E M E N T

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Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

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1. The above captioned Original Application was Suo Motu registered by this Tribunal based on the news item published in Eenadu, Chennai Edition, dated 31.01.2025 titled “Illegal encroachment of forest land” .

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2. The news report stated that there has been rampant illegal encroachment of the Mangalampeta Forest area of Pulicherla Mandal in Chittoor District, State of Andhra Pradesh, by private respondents causing loss of forest cover. In particular, it is stated that in Survey No.295 around 17.69 Acres and in Survey No.296 around 6 Acres of forest land have been encroached by converting the same into a large agricultural field with around 300 to 400 cows rearing sheds.

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3. As the reported encroachment is within the reserve forest area and its conversion into a cowshed is a cause of concern qua environment, notices were issued to the Principal Chief Conservator of Forests & HoFF, Andhra Pradesh and the District Collector, Chittoor District.

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4. In response, the Principal Chief Conservator of Forests & Head of Forest Force (Respondent No.2) has filed a report dated 22.05.2025 . In its report, it is stated that pursuant to the news article in Eenadu newspaper dated 29.01.2025 with title “Adavilo Akrama Samrajyam” , regarding illegal encroachment of forest land in Mangalampeta Reserve Forest of Pulicherla Mandal, the Government of Andhra Pradesh has constituted a Committee on 29.01.2025 comprising (i) the District Collector, Chittoor District, (ii) Superintendent of Police and (iii) the Conservator of Forests, Ananthapuramu, to conduct a joint inspection of the lands due to the severity of the allegations.

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5. The report of the PCCF & HoFF has traced the title of the encroachers by verifying the revenue records and forest records and thereafter, a joint survey was conducted by the

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officials from the Revenue, Forest and Survey & Land Records Departments. Based on the joint inspection, eviction notices were issued to the pattadars and their replies to the eviction notices are considered. Finally, the action taken by the Forest Department is reported.

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6. The relevant portions of the report of the PCCF & HoFF are usefully extracted below:

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“ A) OBSERVATIONS NOTICED ON VERIFICATION OF REVENUE AND FOREST RECORDS:

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It is submitted that, the District Forest Officer, Chittoor has reported that as verified from the revenue and forest records pertaining to lands in Sy. No. 295 and 296 of Mangalampeta Village, Pulicherla Mandal, Chittoor District, the following observations were noticed:

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As per Fair Adangal, FMB and 10(1) account, the lands in Sy.No. 295 extent Ac 17.69 cents, Sy.No. 296 extent Ac 6.00 cents in Mangalampeta Village, Pulicherla Mandal, Chittoor District are classified as 'Patta Dry' and recorded in the name of Sri Challa Kuppu swamulu.

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The Mangalampeta Block in Chandragiri Taluk of Chittoor district has been notified U/s 4 of the Andhra Pradesh (Andhra Area) Forest Act, 1882 and Proclamation U/s 6 of the Act inviting claims and objections within a period of 3 months from date of publication was published in Chittoor District dated 15.8.1964. Two petitioners namely Sri C. Kuppuswamy, S/o Kupparamaiah, and Sri Desi Venkatareddy, S/o Chinnappa Reddy submitted a petition requesting exclusion of their patta lands which were included in the RF Block.

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The Forest Settlement Officer, Chittoor vide order Ref.B.1421/64, Dt: 03.08.1965, accepted the claim petitioners' request to exclude their patta lands in Sy.Nos. 295 to 299 correlated to Paimashi numbers I to 7 with total extent Ac 75.74 cents from being notified under Mangalampeta RF Block. It is stated by Forest Settlement Officer that the total extent surveyed as Sy.Nos. 295 to 299 came to Ac 75.74 cents, and claim petitioners are entitled to this extent and further agreed to petitioners' request that since the land is in 5 different plots, the patta rand shar be granted by connecting Sy.No. 295 and Sy.No. 299 and the intervening area in one plot.

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The Assistant Settlement officer, Chittoor vide his order S.R.No 50 and 88//11(a)/65 dt 05.09.1966 allowed the claims of petitioners Sri D. Venkatreddy, and Sri Challa Kuppuswamy for a ryotwari patta under Section 11 (a) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 Act and ryotwari patta was issued for the extent of Ac.75.74 cents in Sy.No. 295 and Sy.No. 299.

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Subsequently, the Mangalampeta RF Gazette notification U/s 15 of A.P. Forest Act, 1967 was published vide G.O. Ms.No. 1856 dated 16.09.1968.

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a. Admitting Sy.no. 295 and Sy.no. 299 with extent Ac 75.74 cents or Ac 76.00 cents of Mangalampet village in Chandragiri Taluk as enclosure inside Mangalampeta RF.

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b. Admitting Right of way with a width of 30 feet in favour of the general public for men, cattle carts and vehicles from Cairn No. 167 (RF Boundary line) to the said enclosure.

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Further, the Block No. 7, which is on north-west side of Mangalampeta Village, was split and Sy.nos. from 297 to Sy.no 325 were created on 15.03.1972.

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Further, vide proceedings dt 19.11.1981, Director of Settlements confirmed the orders of Assistant Settlement officer, Chittoor in S.R. No.50 and 88//11(a)/65 dt 05.09.1966 and stated that the respondents Sri C. Kuppuswamy, S/o Kupparamaiah, and Sri Desi Venkatareddy, S/o Chinnappa Reddy are eligible for ryotwari patta for the full surveyed area of Ac 75.74 cents in Sy.no. 295 and Sy.no. 296 correlated to P.Nos. I to 7 of Mangalampeta village.

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As per Encumbrance certificate for above Sy. Nos. 295 and 296, where registration of above Survey Numbers happened in year 2000 and year 2001, it is observed that the land to an extent of Ac.75.74 cents was purchased by the individuals in the address entry, as detailed below :

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a. Sri Peddireddy Mithun Reddy purchased extent Ac.1 1.0 cents in Sy.no 295/1c vide Regd. Sale Deed Doc. No. 2345/2000 Dt:30.12.2000 and extent Ac.10.00 cents in 295/1C vide RSD Doc. No. 01/2001 dt: 01.01.2001 from Sri Desi Reddy Chengareddy.

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b. Sri Peddireddy Laksmu Reddy purchased extent Ac 15.00 cents in Sy.No. 295/1A vide Regd. Sale Deed Doc.No. 2346/2000 dt:30.12.2000 from Smt. Desi Reddy Mangamma.

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c. Smt. Peddireddy Indiramma purchased extent Ac. 10.80 cents in Sy.No. 295/1B vide Regd. Sale Deed Doc.No 2347/2000 dated:01.01.2001 from Sri Desireddy Sreeramulu reddy and extent Ac.0.89 cents in 295/1D and extent Ac 9.11 cents in 296/1 vide RSD Doc no. 02/2001 Dt: 01-01-2001 from Sri Desi Reddy Sarveswara Reddy.

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d. Sri Peddireddy Dwaraknatha Reddy purchased extent Ac. 18.94 cents in Sy.No. 296/2 vide Regd. Sale Deed Doc.No. 139/2001 Dt:02.02.2001 from Sri Challa Kupparamaiah, Smt. Enamandram Lakshmi Devamma, Sri Enamandram Sivakumar, and Sri Enamandram Sivaram.

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As per Manual RoR-1B Register, the lands in Sy.Nos. 295 and 296, total extent of Ac.75.74 cents were mutated in the names of pattadars 1. Sri Peddireddy Mithun Reddy, 2. Sri Peddireddy Ramchandra Reddy, 3. Peddireddy Dwarakanatha Reddy and 4. Smt. Peddireddy Indiramma on 16.02.2006 and issued manual PPB/TD, signed by Tahsildar, and TD countersigned by RDO.

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B) CONDUCTION OF JOINT SURVEY AND ITS FINDINGS:

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ln this regard, it is submitted that a joint survey of subject land was conducted by the departmental officials of Revenue, Forest and Survey & Land Records on 3 1.01.2025, 07.02.2025 and 10.02.2025 by issuing prior notice to the pattadars. The joint survey team have concluded the following findings.

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As per the Mangalampeta Forest Gazette Notification dated: 16.09.1968, an enclosure area of Ac.75.74 cents (or 76 acres) was permitted. However, on-ground observations, all the four pattadar’s land under possession has been fenced as a single property, which measures to an extent of Ac.103.98 cents, resulting in an encroachment of forest land to an extent of Ac.32.63 cents i.e. the area under enjoyment and possession of the pattadars beyond the enclosure boundary prescribed in the Gazette of Mangalampeta Reserve Forest. It is also observed that out of the 26 cairn numbers describing the enclosure boundary as per the forest gazette, 15 cairn numbers fall inside the fencing area (area under enjoyment and possession of the pattadars).

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In addition to this, the joint survey team have noticed deviation in the alignment of the Right of Way.

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Unauthorized use of Forest Resource - digging of borewell inside the forest area to supply water to the farmland in the enclosure without due permission.

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It is submitted that the joint survey team have concluded that the above pattadars have encroached the forest land to an extent ofAc.32.63 cents (beyond the enclosure boundary) in Mangalampeta Reserve Forest, which was notified U/s 15 of A.P. Forest Act, 1967 vide G.O. Ms. No. 1856, Food & Agriculture (Forest-III) dated: 16.09.1968. The Committee has submitted the Joint Inspection Report to the Government of Andhra Pradesh (Annexure-II).

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C) ISSUANCE OF EVICTION NOTICE TO THE PATTADARS:

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It is submitted that the Forest Range Officer, Chittoor East Range has issued Eviction Notice vide Rc.No.07/2025/FRO-CE, dt: 11.03.2025 (Annexure III), to the pattadars duly intimating that they have encroached the forest land to an extent of Ac.32.63 cents in Mangalampeta RF, beyond the enclosure area and directed the pattadars to remove the fencing laid in the encroached forest land beyond the enclosed area immediately, otherwise action will be taken by the Forest Department as per the provisions of the Andhra Pradesh Forest Act, 1967 and Rules made thereunder.

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D) REPLY SUBMITTED BY THE PATTADARS IN RESPONSE TO THE EVICTION NOTICE ISSUED:

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It is submitted that in response to the eviction notice issued, the pattadars have submitted their replies Dt: 26.03.2025 (Annexure-IV), along with their explanations to the Forest Range Officer, Chittoor East, duly requesting to drop the eviction notice dated 11.03.2025, by virtue of the orders passed by the Hon'ble High Court of A.P., Orders of Hon'ble High Court of A.P., vide W.P. Nos. 3600, 3601, 3693, 3694 of 2025, (Annexure-V) dated 13.02.2025 are submitted for perusal.

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E) ACTION TAKEN BY THE FOREST DEPARTMENT:

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It is submitted that the Forest Department have taken all possible efforts to evict the above pattadars from the forest land by following the due procedure. Meanwhile, on ground verification, it is observed that the fencing laid inside the Reserve Forest, was removed by the pattadars after the completion of joint survey. The work of construction of boundary pillars around the enclosure is ongoing and will be completed in few days. The subject land is under the possession of Forest Department. Once the case is booked, 90 days period will be given to file Charge Sheet before the Hon'ble Court and during this period, it is essential to obtain all relevant documents and records from all the related parties and concerned departments. The Notices U/s 94 of BNSS have been prepared to obtain documents such as title deeds, pattadar pass books from the pattadars and sent to the pattadars through registered post on 14.05.2025. The notices U/s 35 (3) of BNSS have been sent by 15.05.2025 to the pattadars wherein they are directed to appear before the Forest Range Officer, Chittoor East at 11.00 am on 25.05.2025. The charge Sheet in this regard is under preparation based on the inputs from the public prosecutor.

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It is to submit that the Forest Range officer, Chittoor East has stated that upon verification of encroached forest land at Elukadoni locality, compartment No. 104 of Mangalampet RF, the native species viz., Chigara, Odisa, Billudu, Pedda Ullindra, Balasa, Sundra, Danthi, Rela, Musti, Alli, Narava, Beedi leaves and Hill Broom are found in the said encroached forest area and those native species have been lost due to encroachment of forest land by the encroachers. The encroachers have removed those native species in the forest land and planted 560 Nos. trees (Mango - 533 Nos., Neredu - 26 Nos., and coconut Tree - 1 No.) in the encroached forest land and hence the Forest Range officer, Chittoor East has seized the said trees by following the due process.

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The Forest Range Officer, Chittoor East has laid two sample plots and arrived the tree growth in the encroached forest area as 'Eco ClassIV: very dense' and assessed the destruction value as Rs.1,26,52,750/(As per Van Sanrakshan Evam Samvardhan Adhiniyam, 1980, the rate of Net present value per ha = 9,57,780/- as per Chapter 3 - Net present value - Table : Revised Net Present value rates based on fitment factor. For 32.63 Acres or 13.2105 ha the Net Present Value is Rs.1,26,52,750/-).

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The Forest Range officer, Chittoor East has registered the case vide POR No. 03/2025-26, Dt:04.05.2025 against the encroachers U/s 20 (1) (c) (ii) (vii) (x) & 58 of A.P. Forest Act, 1967 and U/s 61 (2) of BNSS punishable u/s 20 (1) (d) (ii) & 52 (d) of A.P. Forest Act, 1967 & u/s 61 (2) of BNSS) [Imprisonment: minimum of 3 months up to 3 years and with fine up to Rs.5000/-]. The entire case records have been produced before the Hon'ble Court of First-Class Magistrate, Pakala through the Public Prosecutor and the Hon'ble Judge has gone through the case and accepted the case vide Received No. 405/2025, dated:08.05.2025. ”

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7. As per the report of the PCCF & HoFF, the eviction notices issued by the Forest Range Officer, Chittoor East, are challenged in Writ Petition Nos.3600, 3601, 3693, 3694 of 2025 before the Hon’ble High Court of Andhra Pradesh. In the said writ petitions, the Hon’ble High Court of Andhra Pradesh has issued notices to the authorities and directed the officials to follow the due process of law, if any coercive action is sought to be taken.

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8. From the above, it is clear that the eviction notices are under challenge before the Hon’ble High Court of Andhra Pradesh and they are still pending consideration. Any eviction proceedings that may be taken by the authorities would be subject to the outcome of the writ petitions referred to above.

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9. For the offence of encroachment into the forest, cases were registered vide POR No.03/2025-26 dated 04.05.2025 against the encroachers under the Andhra Pradesh Forest Act, 1967 and the Bharatiya Nagarik Suraksha Sanhita (BNSS). The Learned First-Class Magistrate, Pakala, has seized of the matter and the final orders are yet to be passed.

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10. Since the authorities have already taken appropriate action against the encroachers, they are directed to proceed in accordance with the outcome of the writ petitions (supra) pending before the Hon’ble High Court of Andhra Pradesh, as well as the criminal proceedings before the learned First-Class Magistrate, Pakala.

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11. Accordingly, the Original Application [O.A. No.25 of 2025 (SZ)] is closed.

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Sd/-

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Smt. Justice Pushpa Sathyanarayana, JM

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Sd/Dr. Satyagopal Korlapati, EM

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