38.6c New Delhi, India, Thursday, July 25, 2024

Forest Cover Decreasing, Encroachments Increasing: J&K HC Directs Forest Department to Take Urgent Steps [READ ORDER]

By M.V Manasa      09 October, 2020 02:09 PM      0 Comments
Jammu Kashmir Forest Department

In regard to the depleting forest cover in Jammu & Kashmir, the Single Bench of Justice Rajesh Bindal observed that certain steps need to be taken by the UT administration to improve the situation and find remedies. The Court observed that the way the forest department functions in the valley is not at all up to the mark and that it is not even monitoring the forest areas to prevent illegal encroachment. 

As per the order, Justice Bindal said that This court is constrained to observe that the way the forest department is working cannot be appreciated. It has a large area under its control in the Union Territory of Jammu & Kashmir but unfortunately, not being monitored properly though there are ways and means to do the same. Forest cover is decreasing as encroachments are increasing day by day. Illegal forest cutting is also rampant. Some urgent steps are required to be taken to take care of our green cover.

Justice Bindal was hearing a writ petition filed by Mohammed Sadiq Wani, which seeks a direction upon the forest authorities to extend the time limit of his permission for collection of non-timber forest produce (NTEF) from the Marwah Forest division. The Court said that On year to year basis, the contracts are awarded for extraction/collection and removal of NTFP...In such a situation, how extension for extraction/removal of NTFP can be envisaged is a mystery. It cannot be comprehended as to how at the same time two persons can be allowed to extract and remove NTFP, from the same area. This may create disputes amongst the contractors.

The Bench observed that Foolproof method or removal is also required to be put in place. Under what circumstances, the contractor, who had been awarded a contract for extraction of NTFB for a particular period can be granted extension when the period of extension may overlap with the period for which next years contract be awarded.

The Court directed the Forest Secretary to the UT Administration and the Chief Conservator of forest in the valley to take appropriate action in the matter. But no relief was granted to the petitioner for the availability of an effective alternate remedy already provided in an extraction contract in the form of arbitration.



Share this article:

Leave a feedback about this

Trending Judiciary
Investor Vishvanidhi Dalmia accused of collusion in NSEL Scam, Maharashtra Govt Affidavit reveals [Read Affidavit]

Investor Vishvanidhi Dalmia accused of colluding with NSEL's prime accused Jignesh Shah, as revealed in Maharashtra Government's affidavit filed in Bombay High Court.

24 July, 2024 09:34 AM
Trending Judiciary
SC declines re-test of NEET UG, 2024

SC declines re-test for NEET UG 2024 due to insufficient evidence of systemic paper leak, affecting only 155 students and preserving the sanctity of the exam.

24 July, 2024 10:00 AM


Trending Judiciary

Supreme Court allows compounding of offence in cheque dishonour case, emphasizing the priority of compensatory aspects over punitive in settlements.

19 July, 2024 09:12 AM
Trending Judiciary
Allahabad HC directs Passport Authority to decide on application without prior court permission in pending criminal cases [Read Order]

Allahabad HC directs Passport Authority to decide applications without prior court permission for individuals with pending criminal cases within a specified timeframe.

19 July, 2024 10:03 AM
Trending Judiciary
Restrictions in law not to prevent constitutional court from granting bail if right to speedy trial infringed: SC [Read Judgement]

SC affirms constitutional courts can grant bail despite restrictive laws if the right to a speedy trial under Article 21 is infringed.

19 July, 2024 10:17 AM
Trending Judiciary
Sexual harrasment charges against WB Governor: SC to examine constitutional immunity

The Supreme Court will examine a plea to investigate sexual harassment allegations against West Bengal Governor C V Ananda Bose, challenging his constitutional immunity.

19 July, 2024 01:46 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email