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Judgment
Grievance in this application is against encroachment of the forest land in Malsi Forest in Bindal Rao in Rajpur Area, Dehradun. Reference has been made to an order of the Uttarakhand High Court dated 18.09.2019 in WPPIL No. 58 of 2019, Urmila Thapa v. State of Uttarakhand & Ors. though copy of the order has not been furnished. The applicant has stated that he approached the Nagar Nigam, Forest Department, SHO, Rajpur and District Magistrate, Dehradun but no response has been received.
Vide order dated 01.09.2021, the Tribunal sought a factual and action taken report from a joint Committee of PCCF (HoFF), Uttarakhand, SEIAA, Uttarakhand and the District Magistrate, Dehradun.
In pursuance of above, a report has been filed by the PCCF (HoFF), Uttarakhand on 31.03.2022 to the effect that there was no encroachment on forest land. Relevant extracts from the report are:
“xxx ……………………………….xxx……………………………..xxx
That on being informed vide letter No.104/29-5 dated 01.10.2021 of the Office of the APCCF Environment, Uttarakhand about the findings of the committee constituted by this office vide letter No. 521/P.O. dated 20.09.2021, the District Magistrate, Dehradun furnished an action taken report vide letter No. 4097/c.p.o/jaanch-2022 dated 17.02.2022 ANNEXURE-2.
In his report, the District Magistrate Dehradun has submitted as follows:-
a. That in the concerned site, survey of privately owned Khasra No. 311 (0.185 Ha) of Malsi mauja with reference to the boundaries of Khasra No. 310 was done by the Revenue Inspector/Revenue Sub-Inspector in compliance to the order of Tehsildar Sadar, Dehradun who was working under the directions of the Sub-Divisional Magistrate, Dehradun.
b. That the Tehsildar Sadar, Dehradun submitted his report on 17.02.2022. As per the said report, the owners of Khasra No. 311 have encroached and have illegally built retaining wall in a part of Khasra No. 310. Khasra No. 310 is registered as river bed under the control of the Nagar Nigam, Dehradun.
c. That the Additional Commissioner, Nagar Nigam, Dehradun vide its letter No. 712/bhumi/2022 dated 19.02.2022 ANNEXURE-3 has informed that the encroachment jointly confirmed by the officials of Nagar Nigam, Dehradun and the Revenue Department have/has been removed and the illegally constructed retaining wall from Khasra No. 310 has been physically demolished and removed using excavators etc. Photographs of the demolition and physical removal of illegally built retaining wall and other structures are attached herewith as ANNEXURE-4.
It is humbly submitted that neither encroachment of forest land has taken place nor has there been any illegal felling of trees in the area mentioned by the applicant. In the same vein it is humbly submitted that the owners of Khasra No. 311 had encroached upon and illegally built some structures in Khasra No. 310 that belongs to the Nagar Nigam, Dehradun and the said encroachment and illegally built structures have been demolished and physically removed.”
In view of above, no further order appears to be necessary at this stage.
The application is disposed of.