Supreme Court Takes Suo Motu Action Over Forest Land Grab, Pulls Up Uttarakhand Govt

The issue arose during the Court’s vacation sitting when a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi took up concerns relating to unauthorised occupation of protected forest land in several hill districts of the State.

Coming down heavily on the State administration, the CJI expressed shock at what he described as complete inaction on the part of authorities tasked with protecting forest land.

Observing that the circumstances warranted urgent judicial intervention, the Court said it was constrained to step in due to the seriousness of the allegations and the apparent failure of the executive machinery.

“What is shocking to us is that the State of Uttarakhand and authorities are sitting like mute spectators when forest land is being grabbed in front of their eyes. Thus we initiate a suo motu case,” CJI Surya Kant remarked.

To prevent further damage while the matter is under consideration, the Bench imposed immediate restrictions. It barred all construction activity on forest land and restrained private parties from creating any third-party rights over such land.

“Private parties are stopped from creating any third party rights and no construction shall take place,” the CJI ordered.

The Court further directed that all vacant forest land, except areas where residential houses already exist, must be taken into possession by the Forest Department without delay.

“Vacant land other than residential houses shall be taken in possession by the forest department,” the Bench said.

In addition to interim protective measures, the Supreme Court ordered the Chief Secretary of Uttarakhand and the Principal Chief Conservator of Forests to constitute a fact-finding committee. The committee has been tasked with assessing the ground situation, identifying the extent of encroachment, and examining how State authorities have responded to the issue so far.

The Bench said the committee’s report would assist the Court in understanding the scale of unauthorised occupation and determining accountability for lapses in enforcement.

The matter has been listed for further hearing on January 5, after the Supreme Court reopens following the winter vacation.

Illegal occupation of forest land has emerged as a persistent concern in Uttarakhand, particularly in ecologically fragile hill regions. Media reports have repeatedly highlighted encroachments across forest stretches, often linked to rapid urbanisation and expansion of semi-urban settlements.

Environmental experts have warned that such encroachments pose serious risks to biodiversity, groundwater recharge, and slope stability in the Himalayan region, making judicial scrutiny critical in ensuring enforcement of environmental laws.