Supreme Court takes suo motu cognisance of forest land encroachment in Uttarakhand

THE SUPREME COURT ON MONDAY took suo motu cognisance of large-scale encroachment and illegal occupation of the protected forest land in Uttarakhand, directing an immediate halt on all construction activities on such land and ordering the State’s Chief Secretary to constitute a fact-finding committee to examine the extent of encroachments and official inaction.

The bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi took suo motu notice of large-scale encroachments and grabbing of the protected forest lands including unauthorised construction, while hearing a petition by one Anita Kandwal challenging November 14, 2025, Uttarakhand High Court order. Taking note of the allegations and materials placed on record, the Bench converted the proceedings into a suo motu case, observing that the situation warranted urgent judicial intervention.

Expressing strong disapproval of the State administration’s conduct, the Chief Justice said the authorities had failed to act despite forest land being openly encroached upon.

“What is shocking to us is that the State of Uttarakhand and its 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 Kant remarked.

To prevent further deterioration of the situation, the Court issued immediate protective directions, barring any construction activity on forest land and restraining private parties from creating third-party rights. “Private parties are stopped from creating any third-party rights and no construction shall take place,” the Chief Justice ordered.

The Bench also directed that all vacant forest land, except areas where residential houses already exist, be taken over by the Forest Department forthwith. “Vacant land other than residential houses shall be taken in possession by the forest department,” the CJI said.

In addition, the Court instructed the Chief Secretary of Uttarakhand and the Principal Chief Conservator of Forests to set up a fact-finding committee to assess the ground situation. The committee has been tasked with submitting a detailed report on the nature and scale of encroachments, the identity of those involved, and the response—or lack thereof—by concerned State authorities.

The Court emphasised that these directions were necessary to preserve forest land and prevent irreversible damage while the matter remains under judicial scrutiny.

The Bench directed that the case be listed for further hearing on January 5, after the Court reopens.

Encroachment of forest land has emerged as a serious concern in Uttarakhand, with reports indicating that protected and ecologically sensitive areas, particularly in hill districts near expanding urban and semi-urban regions, have been progressively occupied for private use. The issue has raised alarm over environmental degradation and the apparent failure of enforcement agencies to act in time.