Supreme Court Orders Government to Find Alternatives for Managing Landless Squatters
The Supreme Court (SC) has issued a mandamus order directing the government to explore alternative solutions for managing landless squatters without resorting to clearing forests. In a judgment delivered by a constitutional bench comprising Chief Justice Bishwombhar Prasad Shrestha and justices Ishwar Prasad Khatiwada, Ananda Mohan Bhattarai, Sapana Pradhan Malla, and Prakash Kumar Dhungana, the SC emphasized the importance of seeking other measures instead of allocating forest land to address this issue.
The SC highlighted that settling landless squatters on forest land is inappropriate and undermines conservation efforts outlined in the Forests Act, 2076 BS, and the National Parks and Wildlife Conservation Act, 2029 BS. The judgment detailed the adverse effects of forest destruction, including disruptions to the natural water cycle, increased risk of drought, air pollution, and harm to human health. The court stressed that encroaching on forests would disturb wildlife habitats, leading to more animal incursions into human settlements and exacerbating risks such as floods, landslides, and soil erosion.
The SC underscored the right to a clean environment as a fundamental constitutional right, connecting it to forest protection. The judgment pointed out that solving the problem of landless squatters by clearing forests would create additional environmental and legal issues. It noted that international commitments and existing laws do not recognize settlements established by encroaching on forest areas, and distributing forest land for such purposes is prohibited.
Citing precedents, the SC reiterated that public land in forest areas cannot be registered in the name of specific individuals. The court referred to a similar case filed by Nanda Keshar Rai and others, where it was decided that forest land could not be allocated to landless squatters. The SC concluded that the government must consider the welfare of the entire population rather than acting for the benefit of a few individuals or communities.
