Advocate seeks provision in Act for making encroachment of forest land cognizable, non-bailable

Bengaluru: In order to put a curb on encroachment of forest lands, Virendra Patil, an advocate from Shivamogga, has made a representation to the Ministry of Environment and Forests and to the Additional Chief Secretary (Forest) to add a provision to the Karnataka Forest Act 1963, making all forest offences cognizable and non-bailable.

"Many offences registered under various sections of the Karnataka Forest Act, 1963, are non-cognizable and a Range Forest Officer (RFO) would require permission from the jurisdictional magistrate to go ahead with investigation. As per Clause II of the First Schedule to the Code of Criminal Procedure Code (CrPC), 1973, an offence punishable with imprisonment for less than three years or with fine only is a non-cognizable offence," the representation read.

On March 1, R Padmavathi, Deputy Inspector General of Forests (Central), forwarded Patil's representation to the Additional Chief Sectretary to the Government of Karnataka (Forest, Ecology and Environment Department) for further action.

Patil told The Hans India that Bihar and Andhra Pradesh have already amended their Forest Act and have made the offences cognizable, enabling RFOs to book and investigate the case directly without having to get permission from the magistrate.

"As per the Hon'ble Supreme Court order encroachers of forest land onwards 24.10.1980 to be evicted. However, it was found that former forest officers and present forest officers failed to register FIR and file charge sheet against forest encroachers. Present and Former Forest officers have committed the offence u/s 3A and 3B of forest Conservation Act 1980. In order to protect the forest for future generations strict penal provision requires. Hence All forest offences shall be cognizable and non-bail able, this subject necessarily to be," Patil said in his representation.

As per the Karnataka Forest Manual Encroachments of Forest lands it is the primary duty of the concerned Forest Guard in respect of his beat and the Section Forester in respect of his Section to prevent unauthorized occupation of land in the Reserve Forests. Any Forest Officer not below the rank of an Assistant Conservator of Forests must give a notice to the violators unauthorisedly occupying any land in the Reserved Forest asking them to appear before them within 15 days as to why he/they should not be evicted from the land in the reserved forests unauthorisedly occupied by him/them.

After recording the proceedings, the Forest Officer may pass orders evicting the person from the land unauthorisedly occupied in the reserved forest and also ordering the removal of structures or destruction of crop, buildings and other constructions raised

by him/them on the land. Only simple and clear cases however, should ordinarily be compounded and those which involve large sums of money or indicate a clear intention to do damage should be prosecuted.