Supreme Court Directs Removal Of Encroachments & Stopping Of Illegal Resorts In Srivilliputhur-Megamalai Tiger Reserve

Expressing serious concern over the alarming extent of encroachments within the Srivilliputhur-Megamalai Tiger Reserve (SMTR), the Supreme Court issued a series of stringent directions aimed at restoring the ecologically sensitive landscape and ensuring strict compliance with forest and wildlife protection laws. Noting that more than 4,600 encroachers occupying over 5,000 hectares of reserved forest land within the Tiger Reserve, and despite years of enforcement efforts, only 66 encroachers had been relocated and a relatively small portion of the encroached land had been recovered, a bench of Justice Vikram Nath and Justice Sandeep Mehta observed that the pace of action was grossly inadequate considering the ecological significance of the area, which forms the upper catchment of the Vaigai River and serves as a crucial wildlife habitat. “In SMTR alone, only 66 out of 4,601 encroachers have been successfully relocated, and even in respect of these 66 cases, the State has acknowledged that the process of taking over 40 cultivation, buildings and other assets has not been fully completed and continues to remain in suspended animation, thereby permitting continued illegal use of forest land and resources. Only 52.86 hectares out of 5,072.653 hectares under encroachment has been effectively recovered. These meagre figures, when viewed against the massive scale of encroachment and the duration over which this matter has been pending before various fora, reflect a pace of progress that this Court finds difficult to regard as commensurate with the gravity of the situation.”, the Court observed. Taking note of the findings of the Central Empowered Committee (CEC), the Court directed the State Government to prepare and submit a comprehensive, division-wise encroachment eviction plan within one month. The plan must contain clear timelines, designated responsibilities, rehabilitation measures, legal action against encroachers, and post-eviction ecological restoration strategies. The Court was particularly critical of the continued functioning of government facilities within encroached forest settlements. It observed that public distribution system outlets, Anganwadi centres, schools, and other government-supported facilities operating in illegally occupied forest areas effectively legitimised such occupation and discouraged voluntary relocation. Consequently, the Court directed that all government establishments, public utilities, and unauthorised infrastructure within the Tiger Reserve be discontinued, relocated, dismantled, or removed within six months. Furthermore, the Bench ordered disciplinary and legal action against 118 serving and retired government employees identified as encroachers in the reserve. The State was directed to initiate proceedings under the Tamil Nadu Government Servants' Conduct Rules and consider imposing environmental restitution charges payable to conservation funds. The Court also ordered immediate action against illegal resorts and tourism-related infrastructure operating within the Megamalai region. Such establishments are to be made non-operational forthwith, their electricity connections disconnected, and the structures dismantled under the supervision of the Central Empowered Committee. “the matter requires a structured, time bound and closely monitored framework to ensure effective implementation and consequences for noncompliance. The assurances and commitments made in the reply affidavit must translate into concrete, measurable and verifiable action on the ground through effective monitoring, institutional accountability and sustained enforcement. Accordingly, we issue the following directions: i. A time-bound, division-wise encroachment eviction plan shall be prepared and implemented on priority, with clearly defined timelines, measurable milestones, and designated officer level responsibilities. The said plan shall be placed before CEC within a period of one month. ii. The eviction plan shall include comprehensive measures for physical eviction, rehabilitation wherever applicable, legal action against wilful violators, and post-eviction ecological restoration, so as to ensure that reclaimed forest land is not re-encroached. Any failure to comply with the approved plan shall invite administrative accountability at the highest level. iii. The State Law Department shall continuously monitor all proceedings relating to encroachments pending before district courts and other judicial forums and take appropriate measures for their expeditious disposal. The status of all pending cases relating to the encroachments before various forums shall be submitted for perusal of this Court in a tabular form supported by an affidavit on the next date of hearing. iv. Disciplinary and legal action shall be initiated against all identified Government servants found to be encroachers, in accordance with Rule 3 of the Tamil Nadu Government Servants' Conduct Rules, 1973 and other applicable ...

Supreme Court Directs Removal Of Encroachments & Stopping Of Illegal Resorts In Srivilliputhur-Megamalai Tiger Reserve

Yash Mittal

The Court also directed the relocation of all govt establishments in the Megamali reserve region within 6 months.

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Yash Mittal

Supreme Court Directs Removal Of Encroachments & Stopping Of Illegal Resorts In Srivilliputhur-Megamalai Tiger Reserve

Yash Mittal

The Court also directed the relocation of all govt establishments in the Megamali reserve region within 6 months.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Yash Mittal

This is a premium content
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