The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the alleged illegal encroachment of over 2,000 acres of forest land out of the 24,690 acres of forest under the Bengaluru Urban District of Karnataka.
The petition is registered suo motu on the basis of the news item dated 19.07.2024.
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.
The news item highlights that 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 guntas, respectively. Many individuals have also secured status quo orders from the Karnataka High Court.
The article claims that most years, the recovery is around 10 to 15 acres due to complicated legal procedures.
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.
“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 and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
(1). The Principal Chief Conservator of Forests.
(2). District Magistrate, Bengaluru Urban.
(3). Ministry of Environment and Forest.
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 30.09.2024.