NEW DELHI: The Supreme Court on Monday sharply criticised the Uttarakhand government for failing to take action against the systematic encroachment and illegal construction on forest land and forest land encroachment across the state, warning that senior executive officials will be held accountable for prolonged administrative negligence that has allowed large tracts of protected land to be occupied and altered over the past decades.
A vacation bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi took suo motu cognisance of allegations that thousands of hectares of notified forest land have been encroached upon since the formation of Uttarakhand in 2000. The top court expressed strong displeasure that protected forest areas have been altered, sold or built upon with little or no effective intervention by state authorities.
During proceedings, the bench asked the state government what steps had been undertaken to protect forest land against encroachment, noting that persistent inaction pointed to a pattern of negligence by officials entrusted with ecological protection. “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,” the CJI remarked, emphasizing that each executive officer in the state holds responsibility for lapses in enforcement of environmental laws.
The court directed the Uttarakhand government to file a comprehensive counter affidavit within two weeks detailing the status of illegal constructions and encroachments, including exact measurements of the land involved, the nature of structures on forest land, and supporting site plans. This report is intended to provide the apex court with a clear factual basis to assess the scale and characteristics of the violations before it.
Our correspondent reports that the court’s strict orders extend to halting any further construction activity on forest land identified as encroached. Private parties are restrained from transferring or creating any third-party rights on such land until further orders, and vacant parcels; apart from existing residential structures; are to be taken into possession by the Forest Department and relevant district administrations to prevent ongoing misuse.
The Supreme Court also reiterated earlier directives that an enquiry committee, spearheaded by the chief secretary of Uttarakhand and the principal chief conservator of forests, be constituted to conduct a ground-level investigation into how the protected lands were altered or occupied, and to determine whether there has been administrative collusion or oversight failure that enabled the encroachments.
Our correspondent adds that the issue centres on forest regions including and around Rishikesh, where substantial areas originally notified as forest land were allegedly occupied over years without sufficient enforcement of forest protection laws. Allegations have surfaced that parts of land initially granted under older arrangements came under private occupation from two thousand one onwards, raising questions about enforcement of regulatory safeguards and the robustness of land records.
Social activists and environmental groups welcomed the Supreme Court’s intervention, saying judicial oversight was long overdue on an issue that impacts biodiversity, watershed protection, wildlife habitat and the ecological integrity of the fragile Himalayan ecosystem. They said that unchecked encroachments, especially near sensitive ecological zones like river basins and forest corridors, heighten disaster risks such as landslides, erosion and floods, undermining the broader environmental security of the region.
However, some local stakeholders expressed anxiety about potential consequences for landholders and residents who may find themselves affected by investigations and evictions. They underscored the need for fair procedural mechanisms that address legitimate land rights while firmly upholding environmental laws.
The Supreme Court’s orders follow earlier police and administrative efforts to survey and demarcate encroached forest land, including attempts to remove illegal structures and halt further occupation. In some instances, community resistance has surfaced, illustrating the complexities of enforcement in regions where land tenure histories can be contested.
Legal experts said the apex court’s push for detailed disclosure and site-specific documentation reflects a broader judicial trend towards environmental protection and accountability. They noted that the ruling reinforces the constitutional duties of the state under Article 48A and Article 51A(g) to protect and improve the environment for current and future generations.
Observers say that the outcome of this litigation could set significant precedents for how forest encroachments are addressed nationwide, especially in ecologically sensitive states where development pressures and land use conflicts are keenly felt.
Dheeraj reports on governance, public services, jobs, and regional developments across Uttarakhand. He specialises in recruitment news, public-sector updates, and civic issues that impact everyday citizens. His reporting brings accuracy, context, and a grassroots perspective to local journalism.
