Order of the National Green Tribunal (Central Zonal Bench, Bhopal) in the matter of Satyam Shekhar Vs District Conservator Forest (Alwar) & Others dated 05/12/2024.

The matter related to illegal construction of concrete road on land dedicated for drainage of rainwater on Khasra no.36 located at village Kesarpur, Alwar. The court was informed that an article was published in the local newspaper 'Patrika' dated February 24, 2024 stating therein that the land measuring about 4.15 hectares is owned by the forest department and the canal/nala passing through the area is dedicated for drainage of rainwater. It was further stated that an illegal road is being used by the landowners having their plot in the area.

Construction of illegal concrete roads over the area is being done which is forest land without obtaining any permission or sanction from the forest department. A letter was sent from the office of the Deputy Conservator of Forest, Alwar to the Deputy Director informing about the illegal construction of concrete road on the drainage area passing through Khasra no.36 and the Forest Conservator had also requested for removal of encroachments made upon the said drainage area.

A letter was submitted before the concerned authority alleging that the owner of Khasra No 36, village Kesarpur, Alwar had illegally constructed a concrete road on forest land without any prior approval from the government authorities. It was also stated that an RTI application was filed in which it was informed that the Khasra no.36, village Kesarpur, Alwar was transferred 25 to 30 years ago from the forest department to the Horticulture Department, Rajasthan and that the land in question falls under the Irrigation Department (Rajasthan).

The court directed notice to be issued to the authorities which included District Collector, Alwar; District Conservator Forest, Alwar; Irrigation branch Water Resources Department and Assistant Director Horticulture Department, Alwar. All the respondents have been directed to file their counter-affidavits within four weeks.