A city court has ordered the registration of a criminal case against Additional Deputy Commissioner, Bengaluru North Division, M.G. Shivanna, and Bengaluru East Tahsildar Ajith Kumar Rai for allegedly converting forest land into revenue land.
Deputy Conservator of Forest, Bengaluru Urban Division, N. Ravindra Kumar had filed a private complaint under Sec 200 CRPC r/w sec B of the Forest (conservation) Act 1980 and rule 9 of the Forest (conservation) Rule 1980 against the duo.
The Court of the Metropolitan Magistrate ordered the filing of the criminal case on November 29 following a complaint by the Deputy Conservator of Forest accusing the duo had allegedly converted 17 acres and 34 guntas of forest land (survey number 47) in Kothanur to Revenue land.
The complaint was filed after the State government did not grant sanction to the Forest Department to prosecute the duo.
“The complainant herein sought permission from the competent authority to prosecute the accused persons who are government officials. However, the competent authority inisited on FIR, chargesheet, witness list and documents to grant sanction. Constrained by the same, complainant prayed to pass necessary orders as early as possible,” the order states.
The court further said that the government’s prior sanction is needed in corruption cases and not for charges made under the Forest Conservation Act as the apex court had ruled the land in question is that of forest land.
“As the land in question is forest land, in the duty of preservation of which is thrust upon every citizen and more specifically the courts of law and taking note of the fact that there is a blatant violation of Hon’ble High Court’s order, and also considering that, no hardship would be caused to accused if cognisance taken and summons issued against them as an opportunity of being heard will be granted after their appearance. As the allegations are not made under the Prevention of Corruption Act and the alleged offence under the Conservation of Forest Act relies on the authority of the Hon’ble Apex court mentioned supra, this court is of considered view that, it is a fit case to take cognisance and summon the accused,” the order stated.
Environment Minister Eshwar Kandre said that this is the first time a case has been booked under this Act. “This is a warning to government officials that if they help anyone with encroachment of forest land, then a strict criminal case will be filed against them,” Mr. Khandre said.
