MADURAI: Observing that encroachment of forest lands cannot be regularised to protect the livelihood of some individuals, the Madurai Bench of the Madras High Court refused to grant relief to 25 petitioners who sought direction to quash a notification issued by the state forest department in 2012, declaring nearly 146.75 hectares of land in Sengurichi village in Dindigul as 'reserve forest'.
Justice GR Swaminathan passed the order on a joint petition filed in 2015. According to the order, the petitioners were carrying out agricultural activities in Sengurichi village. Their lands were declared as 'reserve forest' under the Tamil Nadu Forest Act, 1882, through the above notification on September 10, 2012.
Claiming that many people in adjoining lands have been allowed to continue their farming activities, the petitioners alleged that they were being discriminated against. Stating that their livelihood was under threat, they approached the court. Though the petitioners alleged that the government did not follow proper procedure while issuing the notification, the judge rejected the argument by noting that the notification was issued and published in the gazette by following necessary procedures. Moreover, the forest settlement officer heard and admitted the claims of many persons and declared only 146.75 hectares, out of the 168.98 hectares initially proposed, as reserve forest, the judge noted, adding that this shows there was due application of mind in the decision.
"The contention that the petitioners' livelihood would be affected cannot be a ground for invalidating the impugned notification. The Supreme Court has also held that encroachment of forest land cannot be regularised. In matters relating to the protection of forest lands, the court has to defer to the wisdom of the executive," the judge observed and dismissed the petition.