Excelsior Correspondent
JAMMU, Mar 6: In three miscellaneous applications moved on behalf of forest dwellers seeking clarification of the observations made by the Division Bench vide its order dated July 3, 2019, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Sanjeev Kumar has directed the Forest Department to strictly adhere to the relevant law while evicting any encroacher from the forest land.
After hearing Advocates KM Bhatti and SM Choudhary for the applicants whereas Advocate General DC Raina with Deputy AG Deewakar Sharma appearing for the Forest Department, DB observed, “we do not see anything which is objectionable in the order passed by this court earlier. However, we make it clear that if the State authorities seek to evict any encroacher within the forest land, they may do so by strictly adhering to the relevant law governing the field”.
“If the applicants have specific individual grievances, and, if they feel that they have been sought to be evicted without following due process of law, as they claim to be the forest dwellers, they may approach the competent forum for redressal of their grievances”, the DB said.
In yet another application, Division Bench, after hearing Advocate HA Siddiqui for the applicant and Advocate General DC Raina with Deputy AG Deewakar Sharma, observed, “the applicant is seeking direction for eviction of respondents from the land covered under Survey No. 509, 510 & 511 of village Pathanater Tehsil Mendhar”.
“It is for the concerned authorities to do the needful for evicting the respondents from the land if the same has been encroached upon by these respondents or any other person(s) in the area”, the DB said. With this observation, the present application stands closed.
In the main PIL filed by SAVE an NGO working for animals, Division Bench granted time to Advocate SS Ahmed for filing views on the status report filed by Forest Department and JMC.
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