The Divisional Forest Officer v. The Deputy Commissioner And ORS
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURI DICTION [ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/9/2023 The Divisional Forest Officer Vs.
The Deputy Commissioner and others Mr.Vishal Kumar Biswas ... for the appellant [on behalf of Mrs. Anjili Nag] Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the respondent nos.1 & 3 Mr. V.D.Sivabalan Mr. A.S.Kumar ... for the respondent Nos.4&5 Ms. A.S.Zinu ... for the respondent no.2 February 15, 2023 [SR] Item No.5 Memo of appearance filed by the respondent nos.4 & 5 be taken on record.
Ms. A.S.Zinu, respondent no.2, appears in person. Mr. Shatadru Chakraborty, learned counsel appearing for the respondent nos.1 and 3. Mr. Vishal Kumar Biswas, learned counsel appearing for the appellant.
Heard learned counsel for the parties including the respondent no.2, who appears in person.
The appeal arises out of the order dated 23rd December, 2022 passed by Hon'ble Single Judge on the basis of a report submitted by the Deputy Commissioner, South Andaman District.
The appeal has been filed by the Forest Department claiming that the land in question comes within the jurisdiction of the reserved forest area. Respondent no.2, as
writ petitioner, had filed a writ petition claiming a stretch of land for giving a pathway to her house. The Coast Guard, respondent nos.4 and 5 and the Forest Department, the present appellant also laid claim over the land. The writ petition was disposed of by directing the Deputy Commissioner, South Andaman District to evict the persons from encroached land leaving apart the extent of land allotted to Coast Guard and the area covered by the Forest Department.
In the present appeal, it is urged by learned counsel appearing for the appellant that there is government notification to the effect that the area comes within the reserved forest and that notification has not at all been consulted by the Deputy Commissioner, South Andaman District, at the time of preparation of the report. It is well settled in law that any land, which comes under the forest, cannot be parted or cannot be put to different use without the permission under section 6 of the Forest Conservation Act.
In view of such fact, we dispose of the appeal directing the Chief Secretary, Andaman and Nicobar Administration to call a meeting of the Forest Department, Revenue Department and the competent officer of the Coast Guard. The respondent no.2 should also be given an opportunity to present her case before the Chief Secretary.
The Chief Secretary, if he feels such requirement, may get the land demarcated by a joint verification of the competent officer of the Forest Department, Revenue
Department and the Coast Guard in accordance with the notification relating to declaration of the reserve forest. After such joint verification, the parties shall be given opportunity of hearing and the matter shall be decided as to whom the land in question belongs, whether it belongs to the Forest Department or the Revenue Department. Respective departments are directed to produce the records in their custody in support of their claim.
We feel persuaded to observe here that a passage outside the land of Forest Department may be provided to the respondent no.2 for ingress and egress to and from her house. But such passage may not be provided in the forest land without necessary permission under section 6 of the Forest Conservation Act. So, the Chief Secretary may look into the grievance of the respondent no.2 in a practical manner to avoid any disadvantage to her.
We direct the parties to abide by the decision taken by the Chief Secretary.
The entire exercise should be completed within a period of three months from the date receipt of copy of this order. With the above observations, the appeal is disposed of. It is made clear that we have not decided the claim of any of the parties on merit and all the questions are kept open to be decided by the Chief Secretary.
( Chitta Ranjan Dash, J.) ( Md. Nizamuddin, J. )