The National Green Tribunal (NGT) took Suo Motu cognizance of the issue of encroachment of over 5000 hectares of forest land in Kerala.
The Petition is registered suo-moto on the basis of the news item appearing in the daily newspaper dated 08.01.2024 .
The news item revealed that as per the Kerala Forest Department, annual administrative report 2021-22 over 5000 hectare of forested land in the State has been encroached upon.
News item further reveals that of 5024.535 hectares of forest land encroached upon, the large chunk of 1998.03 hectares is in the Kottayam High Range Circle which includes the Kothamangalam, Kottayam, Munnar, Marayoor and Mankulam divisions.
It also reveals that the second highest portion i.e. 1599.61 hectare of encroached forest land is in the Palakkad Eastern Circle and that the third is the Kannur Northern Circle with 1085.67 hectare under encroachment.
The news item raises substantial issue relating to compliance of provisions of the Scheduled enactments.
“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, the Principal Bench of Justice Prakash Shrivastava , Dr. A Senthil Vel and Dr. Afroz Ahmad impleaded the following as respondents in the matter:
1) Principal Secretary, Environment and Forest Department Karnataka.
2) Principal Chief Conservator of Forest, Kerala Forest Department.
3) Chief Wildlife Warden, Kerala Forest Department.
Since the matter relates to the Southern Zone Bench, Chennai, therefore , the Bench transferred the matter to the Southern Zone Bench for appropriate further action. Office is directed by the NGT to transfer the original record to the Southern Zone Bench and the matter is listed on 12th April, 2024.