A view of the Supreme Court of India building in New Delhi. (FILE Photo | Express)
India

SC slams Uttarakhand over massive forest encroachment; orders eviction from vacant land

The ruling comes amid alarming statistics revealing that approximately 11,900 hectares of the total 53.48 lakh hectares of vital ecological area were illegally occupied, as of April 2023.

Narendra Sethi

DEHRADUN: The Supreme Court of India has expressed severe displeasure over the widespread illegal encroachment and unauthorized occupation of forest land in Uttarakhand, ordering immediate repossession of all vacant land, excluding existing residential structures.

The ruling comes amid alarming statistics revealing that nearly 38 lakh hectares out of the state’s total area of 53.48 lakh hectares are designated as forest land—making up 71.05 percent of the territory. As of April 2023, approximately 11,900 hectares of this vital ecological area were illegally occupied.

The Court’s strong directive follows revelations indicating a significant failure by state authorities to protect these resources.

"What shocks us is that encroachment on forest land continued unabated, while the Uttarakhand State and its officials remained mere spectators," remarked the Chief Justice of India (CJI) during the hearing.

The Supreme Court took up the matter suo motu, expanding the scope of a petition originally filed by Anita Kandwal.

Data presented earlier paints a grim picture. A reply in the Lok Sabha in 2022 indicated that 10,649 hectares were encroached upon, placing Uttarakhand third among Himalayan states in terms of forest land grabbing.

Further affidavit details submitted to the National Green Tribunal (NGT) by the Forest Department expose a staggering loss: 2,400 hectares were lost to encroachers in the six years leading up to January 2025, despite the state government claiming to have successfully reclaimed 2,023 hectares during the same period.

In 2017, encroachment stood at 9,506 hectares across 31 forest divisions. The apex court has mandated that a status quo be maintained on all disputed lands, strictly prohibiting any sale, transfer, or creation of third-party rights.

"Excluding bona fide residential houses, the Forest Department and the Collector must take immediate possession of all vacant forest land," the Court directed. Furthermore, no new construction will be permitted on these parcels.

The revelation brought to the court's notice is that "the illegal occupation has reportedly extended even into ecologically sensitive zones, including the Corbett and Rajaji Tiger Reserves. Reports suggest not only illegal occupation but also the outright sale and purchase of forest land and the construction of unauthorized religious structures within these protected boundaries."

A major contributing factor cited for the continuous encroachment is the bureaucratic hurdles faced by the Forest Department in reclaiming land after leases expire. Additionally, new settlements and illegal cultivation by Van Gujjars on lands allotted for fodder have exacerbated the problem.

The state government has stated it is taking action, including recent successful drives to free up forest land, such as the operation in Puchhdi, Ramnagar, last week. However, the Supreme Court’s latest order signals a zero-tolerance approach going forward.

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