RATAN SINGH RAJPUT Vs. STATE OF M P

JUDGEMENT

(1.) This public interest litigation has been filed for removal of encroachments.

(2.) The respondents in their return admitted the fact that the land comprising survey Nos. 51, 52, 60/1, 61, 62, 63, 65, 66, 67, 69, 70, 71 and 72 in total area 107 Bighas 13 Biswas situated at Village Kailashpura (Kundi Khoh), Tehsil Madhusudangarh, District Guna is a part of Forest Compartment No. 775 and the demarcation had been done on the aforesaid land and it was found that two persons namely, Babu Lal s/o Vijay Ram Meena and Sanman s/o Khayali Ram Meena were in possession over the land as encroachers. They had encroached over 2 hect. of forest land. No action has been taken against them because their possession was prior to 24.10.1980, hence, the case was forwarded to the State Government for settlement in terms of forest department policy dated 4.2.1995. It is further submitted that two other persons namely Gajram Singh s/o Khayali Ram and Saudan s/o Khayali were also found in possession as encroachers over 2 hect. each of Forest Compartment No. P-775.

(3.) In regard to construction of the pond, it is submitted that water resources department vide order dated 1.1.2003 granted permission to construct the pond over the Compartment No. P-774, F-776 of the forest land and the proposal of construction of pond has been forwarded to the State Government because for the purpose of construction of pond-over forest land same area of regard land have to be provided to the forest department.