Supreme Court Expands Scope of Proceedings in Forest Land Grabbing Case

Uttarakhand Authorities Criticized; Enquiry Committee Ordered to Investigate Systematic Land Encroachment

In a significant move, the Supreme Court of India has expanded the scope of proceedings in the case of alleged systematic forest land grabbing by private individuals in Uttarakhand. The apex court, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, has taken suo motu cognizance of the situation, criticizing the state authorities for their passive stance on the matter.

The case, titled Anita Kandwal v. State of Uttarakhand, involves a dispute over 2866 acres of forest land, which was initially notified as government property. A portion of this land was leased to Pashulok Sewa Samiti, a society in Rishikesh, which further allocated parcels to its members. A collusive decree between the society and its members has complicated the ownership claims, with liquidation leading to the surrender of 594 acres back to the government. Despite this, private individuals have continued to occupy the land, claiming ownership through questionable means.

Expressing shock at the passive role of the Uttarakhand authorities, the Supreme Court has directed the Chief Secretary and Principal Chief Conservator of Forest to form an Enquiry Committee. This committee will investigate the facts and submit a report to the court. Additionally, private individuals are restrained from alienating, encumbering, or creating third-party rights over the forest land. Construction activities are prohibited, and the Forest Department, along with the concerned Collector, is tasked with taking possession of vacant land not used for residential purposes.

The court has mandated that a compliance report be submitted by the next hearing on January 5, 2026, ensuring prompt action and accountability from the state authorities. This proactive approach by the Supreme Court aims to uphold the integrity of forest land and prevent illegal encroachments.

Bottom Line:

Protection of forest land - Systematic grabbing of forest land by private individuals - State authorities criticized for being silent spectators - Enquiry Committee to be constituted to examine facts and submit a report - Directions issued for possession of vacant land and restriction on alienation, encumbrance, or construction activity.

Statutory provision(s): Protection of forest land, Restriction on alienation, Systematic land grabbing, Directions for possession by Forest Department.

Anita Kandwal v. State of Uttarakhand, (SC) : Law Finder Doc Id # 2825485