‘Remove encroachments within a month’
NANITAL: Hearing a public interest litigation (PIL) related to alleged encroachment by hotels and resorts on the forest land around Corbett tiger reserve in Nainital and Almora districts, the Uttarakhand high court Monday issued a slew of directions to the authorities concerned for removing the encroachments within a month.
The high court division bench comprising acting chief justice Rajiv Sharma and justice Manoj Kumar Tiwari, also ordered for filing of FIRs against the encroachers.
The PIL was filed by Mayank Mainali, chairperson of Himalayan Yuva Gramin Vikas Sanstha, a Ramnagar based NGO, in 2012. The next hearing in the case has been fixed on November 13.
The HC said it has passed orders earlier on the basis of the Advocate Commissioners’ report on the alleged encroachments by hotels and resorts around Corbett. On June 14 this year, the court had appointed a highpower committee to investigate into the alleged encroachments by the hotel and resorts around Corbett. The committee submitted its report to the court on June 18 listing the alleged encroachments around Corbett.
The high court said a startling revelation has been made by the high-power committee members that respondent no. 13 (Corbett Ramganga resort) had encroached upon 56 nalis and 1 mutthi of forest land. The court directed the divisional forest officer of Almora to remove the encroachment in accordance with law within a month. It also ruled that an FIR be registered against the resort owner.
The court also noted that according to the Advocate Commissioners, encroachment of forest land has been made by respondent no. 6 (Ranges View Resort, Ramnagar) by raising construction of two rastas (paths) on the forest land of Van Panchayat. “Challans have been made, however, for expansion of boundaries into forest and third rasta (path) to connect the two parcels of land of respondent. No challan has been made. The sub-divisional magistrate, Ramnagar, is directed to do the needful to remove the encroachment within a month.” Respondent no. 9 (Jim’s Jungle Retreat Dhela) has changed the angle of the corner of the boundary as per the report by extending it towards the forest area. “Counsel appearing on behalf of respondent no 9 submits the boundary wall has been removed. This shall be verified by the divisional forest officer, Ramnagar, and (if) not removed, the same will be removed within a period of one month.”
The court stated that respondent no. 25 (Solluna Resort Merchula) has encroached upon 9 nalis and 6 mutthis of forest land. “The DFO Almora is directed to remove this encroachment in accordance with law within one month. FIR be also registered against the owner of respondent no. 25 for encroaching upon forest land,” the order stated.
DFO Ramnagar had also brought to the court’s notice previously that orders in nine case were pronounced.
“One party has been evicted forcibly. Nine appeals have been filed against the orders passed by the DFO before the Conservator of Forests. The CCF is directed to decide the appeals within a period of four weeks.”