One Earth One Life vs Union Of India & Ors.

Soumen Sen, C. J.

This Public Interest Litigation has been filed by an organization registered in the year 1988 under the Societies Registration Act, 1860, alleging that the circular issued by the Government of Kerala dated 6^th November, 2025 (Ext. P6) is an attempt to regularise encroachers after a cut-off date has been clearly earmarked, i.e., 1^st January, 1977, by the Ministry of Environment, Forest and Climate Change, Government of India.

The learned counsel appearing on behalf of the organization has referred to various Exhibits, including Exts. P4 and P5, to demonstrate that the attempt made by the Government of Kerala to conduct joint verification for the purpose of collecting information of the settlers is an attempt to regularise encroachers who are not covered by the permission granted by the Ministry of Environment, Forest and Climate Change on 31^st January, 1995. The learned counsel has referred to Rule 2(f) of the Kerala Land Assignment (Regularisation of Occupations of Forest Lands Prior to 1.1.1977) Special Rules, 1993, and has submitted that, by virtue of the said Rule, it is no more open for the State of Kerala to undertake a fresh exercise for the purpose of identification of encroachers in any of the districts, irrespective of the fact whether they are covered under the permission letter of the Government of India dated 31^st January, 1995.

We have carefully perused the Government of Kerala circular dated 6^th November, 2025. In our respectful reading of the said circular along with Exts. P1 and P4, it appears that the permission of the Ministry of Environment, Forest and Climate Change was restricted to forest land in the districts of Idukki, Pathanamthitta, Thrissur, Ernakulam and Kollam, and does not cover any other district where forest land could be found. The exercise appears to be to identify the list of encroachers who may be entitled to the benefit of regularisation under the Kerala Land Assignment (Regularisation of Occupations of Forest Lands Prior to 1.1.1977) Special Rules, 1993, on account of their status as encroachers prior to 1^st January, 1977. Moreover, it appears that no finality can be attached to the said circular, as there is no permission on record suggesting that the encroachers have been identified and that they have been rehabilitated on forest land.

In our view, this Public Interest Litigation is premature. Even if an exercise is undertaken in terms of the circular dated 6^th November, 2025, formal approval of the Ministry of Environment, Forest and Climate Change is required for the purpose of diversion of land for the regularisation of pre 1^st January, 1977 encroachments.

With the aforesaid observations, we dispose of the writ petition.