Jeanne Pinto vs Deputy Conservator of Forests and another. Regular First Appeal 988/2013 decided on 6 January 2021.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/358139/1/RFA988-13-06-01-2021.pdf
Relevant paragraphs: 35. It is known that the authorities are taking action on small fishes i.e., encroachers of small extent of lands like 1 or 2 acres. They never bother about whales who encroach more than 50 acres of land. Admittedly, in the present case, appellant has encroached 68 acres 33 guntas of government land. It is high time for the authorities working under the Government to introspect themselves about their duty towards general public and the nation, and discharge their duty to protect the government land. Otherwise, holding higher posts in the State becomes meaningless.
36. It is well settled that every public servant is a trustee of the Society and all in facets of public administration, every public servant has to exhibit honesty, integrity, sincerity and faithfulness in implementation of the political, social, economic and constitutional policies to integrate the nation, to achieve excellence and efficiency in the public administration. A public servant should exhibit transparency in implementation and of accountability for due effectuation of constitutional goals. Though the Hon’ble Apex Court in the case of Godavarman (supra) laid down the guidelines for protecting the forest lands, still the State authorities are silent spectators and allowed land grabbers to encroach government lands especially forest lands. Therefore, it is high time for every successive governments to introspect themselves and take a stringent measures to protect the government lands. Otherwise, one day, the forest lands in the State will vanish and ecological imbalance of the nature will ruin the society. It is duty of the every individual or State to protect and improve the environment, safeguard the forests and wildlife in the country as contemplated under Article 48A of the Constitution of India which provides for protection and improvement of environment and safeguarding of forests and wild life. The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. As per Article 51A(g) of the Constitution of India, it is the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. It is well settled that not only human beings, but also the living creatures have fundamental right to live with dignity within the meaning of Article 21 of the Constitution of India. Their rights to live are also recognized by the Constitution of India.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 