T N GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) We have perused the affidavits filed on behalf of the State of karnataka on 12-5-1998 and 24-7-1998. Whereas both the affidavits reveal that there has been encroachment of the forest land all over the State and that the encroachment has existed prior to 1978 and has continued till 1997, we are unable to find out the total extent of such encroachment, as that has not been disclosed in the affidavits. We, therefore, direct the State of Karnataka to file an affidavit, indicating the total extent of encroachment of the forest land: (1) as was existing prior to 27-4-1978 all over the State; (2) the position of total encroachment as existing in 1988; and (3) the extent of encroachment which has taken place till 1997. The information shall be furnished district wise. The affidavit shall also disclose the steps taken by the State to retrieve the encroachment and preventive measures taken after the refusal by the Government of India to regularise the encroachment which had occurred after 1978, till date. The State shall also indicate the non-forestry use to which the encroached land has been put by the encroachers and, in particular, where coffee plantation has taken place. The extent of that area, together with the details of the encroachers shall be furnished in that affidavit.

(2.) We notice from the affidavits already filed that a joint survey had been conducted by ADIR, Revenue Department and the Forest Department. The report of joint survey, however, is not placed on the record. The State of karnataka is directed to furnish a copy of the report.

(3.) The learned amicus curiae has brought to our notice that so far as thatkola Reserve Forest is concerned, in District Chickmagalur, there has been large-scale deforestation even after the orders of this Court prohibiting the felling of trees were made.