Frustrated by the Tamil Nadu government’s inability to evict “encroachers” in the Agasthyamalai landscape, the Supreme Court recently said the matter required a structured, time bound, and closely monitored framework. A Bench of Justices Vikram Nath and Sandeep Mehta said that encroachments within the protected areas of the Agasthyamalai landscape, including the Kalakad Mundanthurai Tiger Reserve, the Srivilliputhur-Megamalai Tiger Reserve and the Kanyakumari Wildlife Sanctuary, have persisted over decades despite specific directions issued by the Madras High Court and the top court.
In fact, the Supreme Court went as far to suggest using the paramilitary to evict the encroachers to preserve and protect the ecologically sensitive regions. The CEC submitted its interim report and made several recommendations, including a time-bound, division-wise encroachment eviction plan. Further, the CEC observed that the Srivilliputhur-Megamalai Tiger Reserve is one of the most ecologically vulnerable areas, as it forms the upper catchment of the Vaigai River, a critical water source for five downstream districts. The CEC noted that these encroachments are old, with many of them involved in the permanent cultivation of crops such as silk cotton, cardamom, and beans, and that in spite of clear orders from the High Court to remove encroachments, no significant progress has been made so far. In reply to the CEC report, the State of Tamil Nadu filed a detailed affidavit listing the steps taken by the authorities. It candidly acknowledged the challenges faced such as resistance from encroachers, ongoing court cases, and that many encroachers were landless and from economically weaker sections. it however could not be a perpetual justification for the indefinite postponement of legally mandated eviction and restoration measures, they noted While the SC judges acknowledged that the complexity of the rehabilitation task was real and could not be understated. It also sought a blanket moratorium on the extension of welfare schemes, public utilities, transport facilities, electricity supply, and infrastructure support within encroached forest areas, so as to ensure that illegal occupation is neither incentivised nor legitimised. It also ordered a complete prohibition on approval or commencement of any new non-forestry activity within Agasthyamalai.
Last year, the top court had directed the Central Empowered Committee (CEC) to conduct an extensive survey of the Agasthyamalai landscape in order to identify all instances of non-forestry activities going on contrary to the Forest Conservation Act, 1980 and the Wild Life (Protection) Act, 1972 etc. As per official records of 2020, around 4,595 individuals are encroaching upon 5,071.27 hectares of reserved forest land. Moreover, a total of 116 government and public utility structures have been constructed inside forest lands without prior approval. Alarmingly, a total of 118 individuals listed as encroachers have been identified as serving or retired government employees, including personnel from the Army, Police, Forest Department, and other State departments. The top court directed that disciplinary and legal action be initiated against all identified 118 Government servants found to be encroachers.
