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Judgment
Grievance in this application is against construction of 8 km road from Village Thune to Baddi in Patheri for which tender bearing No. NIT No. 16/SE/PMGSY/S/E-Tendering dated 11.10.2021 has been issued on the ground that the land on which construction is proposed is 'Kahcharai' (grazing) land.
We have heard learned counsel for the applicants. It is submitted that construction of road on common land, part of which is forest land, is not permissible without requisite permission as per Forest (Conservation) Act, 1980. The Chief Engineer (PMGSY), Srinagar filed an application dated 09.11.2021 for approval of the Central Government but even before seeking such approval, tender dated 11.10.2021 has been issued.
Even though there is an application seeking permission for approval under the Forest Act, there is no material to show that the land in question is in forest land or there are trees thereon. According to the project report (Annexure-A-5), road is being constructed to avoid hardship to the villagers under the Pradhan Mantri Gram Sadak Yojana (PMGSY).
Having regard to the fact that the project is of a public utility and neither any cutting of trees has been alleged nor it is categorically shown that the land in question is a forest land, we are not inclined to interfere with the road construction in question. However, we direct the DFO, Ganderbal, to look into the matter and if forest land is involved, due process of law be followed.
The Application is disposed of.
A copy of this order be forwarded to the DFO, Ganderbal by email for compliance.
I.A No. 221/2021 is also disposed of.