The Supreme Court of India delivered a sharp rebuke to the Uttarakhand government on Monday for its prolonged inaction against the widespread encroachment of forest land in Rishikesh. The land was originally allotted in 1950 to Gandhian disciple Mira Behn.
Two Decades of Systematic Land Grab
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi expressed deep concern over the state's role as a 'silent spectator' for over two decades. The court observed that the facts prima facie reveal how private individuals systematically grabbed thousands of acres of forest land while the state administration remained inactive from 2000 until 2023.
The bench did not mince words, stating that the situation 'smacked of a nexus between the executive and squatters'. It further emphasized that the unauthorized residential rights enjoyed by encroachers for more than twenty years strongly indicated collusion among politicians, bureaucrats, and the encroachers themselves.
Historical Allotment and Recent Recoveries
The contested land has a historical lineage. A part of the 2,866 acres notified as forest area was leased to the Pashulok Sewa Samiti, an organization linked to the ashram established by British-born Gandhian Mira Behn (Madeleine Slade). This society was liquidated and surrendered 594 acres back to the forest department on October 23, 1984. Despite this, private individuals later took control of the land.
During the hearing, Uttarakhand's deputy advocate general, Jatinder Kumar Sethi, informed the court that the state had recovered approximately 500 acres of forest land from encroachers in 2023. He added that an additional 50 acres were reclaimed in a drive conducted in the three days preceding the hearing in Rishikesh, assuring the court that the anti-encroachment drive would continue.
Court Directs Detailed Inquiry and Affidavit
Unsatisfied with the explanations, the Supreme Court has demanded a comprehensive account from the state government. It has ordered Uttarakhand to file a detailed affidavit describing:
- The full extent of the encroachment.
- The nature of illegal constructions on the forest land.
- The names of officers responsible for protecting government land in the area between 2000 and 2023.
Furthermore, the bench has enlarged the scope of the petition and directed the state's chief secretary and the principal chief conservator of forests to constitute a special inquiry committee. This committee is tasked with examining all aspects of the issue and submitting a report directly to the Supreme Court.
The court also reinforced its interim order from December 22 last year, which restrains all private individuals from alienating the land, encumbering it, or creating any third-party rights. The judges remarked, 'What seems shocking to us is that Uttarakhand and its authorities are sitting as silent spectators when the forest land was being systematically grabbed in front of their eyes.' This case highlights a critical test of environmental governance and administrative accountability in the state.
