The Chhattisgarh High Court in the case D.K. Soni v. State of Chhattisgarh & Ors observed and has asked the state government for filing a reply to the PIL against alleged large-scale unlawful conversion of forest land for the non-forest purposes.
The bench comprising of Acting CJ Goutam Bhaduri and Justice N.K. Chandravanshi stated while considering the issue involved, wherein the reply of State would be necessary.
In the present case, the PIL was moved by one Lawyer D.K. Soni wherein it is alleged that unlawful conversion of forest land for non-forest purposes. Thus, the PIL filed specifically questions that the construction of several Aavarti Charai Kendra (the Recurring Grazing Centres) and the Cow shelter on forest land in the state.
It has also been stated in the petition that the state launched the ‘Narwa, Garwa, Ghurwa, Badi Program’, wherein it aimed to conserve and for promoting the welfare of cows and cattle by constructing of the cattle sheds or Gauthans in villages. Thus, the said facilities also include arrangements for fodder.
The petitioner in the plea states that it has been directed by the Forest Department to Chief Conservator of Forests and the Divisional Forest Officers for cutting grass from forest areas and to supply it to the cattle sheds and grazing centres, where a bio-gas centre will also be established.
Further, it has been argued in the plea that such activity results in violation of the Forest Conservation Act, 1980, as stated under Section 2 of the Act that without the prior approval of the Central Government, no forest land or any portion of land can be used for non-forest purposes.
The plea filed also alleged that the state authorities have unlawfully changed the use of land without obtaining permission from the central government and the state authorities have neglected that forest rights can only be granted to the forest-dwelling Scheduled Tribes and the other traditional forest dwellers under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Further, it has been alleged in the plea that the state authorities have not sought permission from the central government under any of the laws prescribed.
As per the plea filed, the progress report for the program shows that a total of 1527 centres have been proposed and currently, 1307 centres are in operation.
Accordingly, the petitioner stated that it clearly indicates that the state government has been extensively converting forest land for non-forest purpose.
