In A First, Kerala High Court Undertakes 'Virtual Site Visit' Of Alleged Encroachment In Forest Land

In an unprecedented step, the Kerala High Court on Tuesday, took a virtual view of 56.77 hectares of land in Agali Village. 

The Division Bench comprising Chief Justice S.V. Bhatti and Justice Basant Balaji, in a matter pertaining to encroachment of forest land in Agali Village, had directed the parties to visit the forest site and give a virtual access to the same, after identifying the location. 

The plea was filed by One Earth One Life in the year 2004. It is the case of the petitioner that the State had failed to contest the case properly before the Forest Tribunal, and it is challenging the orders of the Tribunal that the present plea was filed. It was averred by the counsel for the petitioner Advocate Daisy Thampi that the contesting party had suppressed material facts before the tribunal, and that the title to the property had been found invalid by the Sub Court as early as in 1963.

"The case is that, they have taken 500 acres on lease. They have restored the property as per the tribunal's award somewhere else. Suppressing that also they approached the Tribunal. They have played a double fraud," it was averred. 

The question which arose before the Court in this case was as to whether a private forest stood vested in the Government by law as per the averments of the State, or whether it ceased to be a forest land as such, as per the averments of the claimants. The petition also seeks a direction to be issued to the respondents to take effective steps to prevent the breaking up of or clearing of the said forest land until the final disposal of the matter. 

When the matter came up before the Court yesterday, the Court had directed the parties to visit the subject site by 1.30 P.M. the next day, and to also give virtual access to the site after identifying the subject matter at 1.45 P.M. 

The Court has now posted the matter for further consideration on June 12, 2023. 

Deputy Solicitor General of India S. Manu, the Government Pleader, and Advocates Joshi N. Thomas, Mohanakannan, Sathyanatha Menon, Kavery S. Thampi, and Arunkumar P. appear on behalf of the various respondents in this case. 

Case Title: One Earth One Life v. Union of India & Ors.