----------------------------------------------------------------------- Documented by Goa Desc Documentation Service & circulated by Goa Civic & Consumer Action Network (GOA CAN)<[EMAIL PROTECTED]> Ph:2252660 ----------------------------------------------------------------------- ---------------------------------------------------------------------- Forest Dept succeeds in property case after 29 years --------------------------------------------------------------------------------------- The Department of Forests, after a long drawn legal battle, has succeeded in safeguarding its possession of 384 hectares of forest land in Mangal village, Quepem Taluka.The battle which has been on for almost 29 years concluded recently with the dismissal of the petition of Y D Chowgule who has been contesting against the Forest Department on the submission of him being the rightful owner of the said area under dispute.
The plaintiff submitted that he was the exclusive owner in possession of 12 properties which were purchased by him and has had 'exclusive and peaceful possession' until the forest department started 'disturbing' his possession. He submitted that the forest department had no forest in the area of 384 hectares and that the forest department has no right to hold the 300 cashew trees illegally planted by them.
As per the petition, the cause of action arose on December 30, 1972, August 4, 1973 and August 9, 1974 where the plaintiff has been praying for reliefs of declaration, mandatory injunction and removal of 300 cashew trees including permanent injunction against the government to refrain from interfering in the plaintiff's possession of the said properties.
According to the defendants, the plaintiff's properties fell within the government forest situated at Mangal known as Chanfeacho Dongor and Codelavho Dongor which forms part of the land notified as National Forest by the then Portuguese government in gazette dated January 11, 1951. And the said land was brought under the purview of the Indian Forest Act 1927.
The government submitted that the plaintiff has unlawfully encroached in the suit properties and tried to grow coconuts, mangoes and pineapples and several offences had been booked against him. The government denied that the plaintiff was the owner of the suit properties which are belonging to the government and has further stated that they are the owners and possessors of the said properties.
The Communidade of Bali who had also impleaded itself as a party to the civil suit, claiming ownership rights over the suit lands, was also dismissed.
The forest department relied on old Portuguese documents notifying the Mangal forest areas as 'Mata National' where after liberation cairns were erected along the forest boundary during 1964-65.
In 1969 a timber coupe was auctioned by the forest department in Mangal Forest and a cashew plantation was raised in this coupe. The attention of the court was also drawn to alleged attempts made by agents of the plaintiff to damage the cairns.
The District and Sessions Court, South Goa, after going through the case relied on evidence of eyewitnesses examined on behalf of the government and documents produced which showed that the forest at Mangal belongs to the government and has been under the government administration with a definite name at least from the year 1951.
The court observed that the government having so considered that the forests belonged to it should could continue maintaining it for better protection of the environment. It expressed the view that the Communidade nor the plaintiff can be allowed to lay a claim to the said forest with inauthentic documents.
The suit was accordingly dismissed in favour of the Forest Department by District and Sessions Judge , South Goa, N A Britto.The Forest Department was represented by advocate F Colaco.
Chief Conservator of Forests Dr D Pandey speaking to Herald on the landmark judgement stated that this order would go a long way in ensuring protection of forest lands in Goa and the government's commitment in safeguarding the same if it was confronted with similar cases in the future. -------------------------------------- HERALD 19/7/03 page 3 --------------------------------------
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