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NGT takes suo motu cognizance of illegal encroachment in Chhattisgarh’s Khudia forest

The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to encroachment in the Khudia forest range of Mungeli forest division in Chhattisgarh.

The Petition is registered suo-moto on the basis of the news item dated 02.07.2024.

As per the article, illegal agricultural work is being carried out by cutting forest and building fields and huts in about 214 hectares of forest area in Kansari complex under Karidongri range of forest area Khudia. The article alleges that the villagers have requested the removal of encroachment in the protected forest area of compartment number 1523 of Kansari complex.   

The article further states that earlier, orders have been issued against the encroachers including eviction proceedings but the encroachment continued this year also. Due to this, a crisis situation has arisen for the grazing land of animals. The encroachers have hampered the animal movement in these areas, forcing them to wander  to other places in search of food. Furthermore, the encroachment has caused damage to the plants and trees in the area.  

The above matter indicated Bench violation  of the Environment Protection Act, 1986 and the Forest Conservation Act, 1980.

The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.  

“Power of the Tribunal to take up the matter in suo-motu exercise of power 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.”

Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi , Dr. A. Senthil Vel and Dr. Afroz Ahmad  impleaded the following as respondents in the matter:

i. Principal Chief Conservator of Forest, Chhattisgarh Principal Chief Conservator of Forests (HoFF).

ii. Chief Wildlife Warden,Chhattisgarh . 

iii. Ministry of Environment, Forest and Climate Change.

iv. District Magistrate, Mungeli .

The Bench issued notice to the Respondents.

Since the matter relates to the Central Zonal Bench, Bhopal, therefore, the Bench transferred the matter to the Central Zonal Bench  for appropriate further action.Office is directed by the NGT to transfer the original record to the Central Zonal Bench and the matter is listed on 24.09.2024.

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