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2022 Supreme(Ori) 123
IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, S. K. MISHRA, JJ.
Raj Kishor Deo – Appellant
Versus
State of Odisha & Ors. – Respondents
W.P(C) No. 37866 of 2020
Decided On : 20-06-2022
For the Appellant :Mr. Asoka Mohanty, with M/s. S. Mohanty, A.Das and T. Nayak, Advocates
For the Respondent:Mr. P. P. Mohanty, Addl. Govt. Advocate
Compliance with statutory procedures for declaring reserved forests under the Orissa Forest Act, 1972 is mandatory.
Headnote:
Illegal, arbitrary and unjustified refusal to grant environment clearance for Laigura Stone Quarry - Odisha Forest Act, 1972 - Section 4, 6, 21
Fact of the Case:
The petitioner sought to quash the letter refusing to grant environment clearance for Laigura Stone Quarry, claiming that the land did not belong to the protected reserve forest. The petitioner had executed lease agreements for the land and applied for a stone quarry lease. The Revenue and Forest Departments conducted joint verifications to determine the land status.
Finding of the Court:
The court found that the proposed reserved forest had not been notified under Section 21 of the Orissa Forest Act, 1972, and the Forest Settlement Officer had not conducted the required inquiry. The court held that the refusal to grant environment clearance was illegal and arbitrary.
Issues: Dispute over whether the land belonged to the Revenue Department or the Forest Department and if it came under the proposed reserved forest area.
Ratio Decidendi: The court emphasized that when a power is given to do a certain thing in a certain way, it must be done in that way or not at all. The court cited previous cases to support the principle that compliance with statutory procedures is mandatory.
Final Decision: The court quashed the letters refusing to grant environment clearance and directed the Tahasildar to take necessary steps in accordance with the law.
JUDGMENT :
B.R. SARANGI, J.
The petitioner, by means of this writ petition, seeks to quash the letter no. 4207 dated 16.10.2020 under Annexure-11, which was issued by opposite party no.6-Divisional Forest Officer, Bamara Wildlife Division, Sambalpur to opposite party no.7-Member Secretary, State Environment Impact Assessment Authority (SEIAA), Bhubaneswar requesting him not to grant environment clearance in respect of Laigura Stone Quarry on the ground that the land was not demarcated, even if three joint measurements were conducted by the Revenue Department and Forest Department and the plots were proposed to be included for constitution of the Langposh-Baliturei Protected Reserve Forest (PRF); as well as letter no. 9803/SEIAA dated 26.11.2020 under Annexure-12 issued by opposite party no.7 rejecting the proposal for grant of environment clearance in respect of Laigura Stone Quarry as per letter no. 4207 dated 16.10.2020.
2. The factual matrix of the case, in brief, is that the petitioner is the owner of the land appertaining to plot no. 692/3087, khata no. 43, measuring Ac. 0.38 decimal, Kissam Goda-2 of Village-Gochhara in the district of Sambalpur. Lokanath Pradhan, Jenamani Pradhan and Purna Chandra Pradhan of the same village are the owners of the plots adjacent to the plot of the petitioner. On 27.06.2016, petitioner executed lease agreements with Lokanath Pradhan and Arjun Pradhan, who are sons of late Jenamani Pradhan, and also Purna Chandra Pradhan in respect of their plots for a period of twenty-five years. After execution of the said agreements, as the kisam of the land is Goda-2 and stones are available on the surface of the land, including the land of the petitioner, the petitioner had applied in Form-J under the provisions of Rule 26(2) of the Odisha Minor Mineral Concessions (Amendment) Rules, 2014 to opposite party no.5-Tahasildar, Kuchinda to grant lease of the stone quarry for a period of five years over Ac. 4.81 decimal. The said application was registered as Touzi Case No. 140 of 2016 of Kuchinda Tahasil. The other owners had submitted their no objection certificates in shape of affidavit. On 17.10.2016, the Tahasildar, Kuchinda had invited objections and no objection was received within the stipulated period. After necessary scrutiny, opposite party no.5-Tahasildar, Kuchinda recommended the application of the petitioner to opposite party no.4-Sub-Collector, Kuchinda, who duly recommended the application of the petitioner to opposite party no.3-Collector, Sambalpur. On 19.06.2017, opposite party no.3, being the competent authority, declared Laigura Stone Quarry as a new sairat. The schedule of the land described in Form-J by the petitioner was approved by the Collector, Sambapur for Laigura Stone Quarry. Pursuant to such approval, the Deputy Collector (Revenue), Sambalpur, on 20.06.2017, wrote a letter to the Tahasildar, Kuchinda to take further necessary action as per the provisions of Odisha Minor Mineral Concessions (Amendment) Rules, 2014. Accordingly, on 21.06.2017, the Tahasildar, Kuchinda wrote a letter to the petitioner to submit mining plan and environmental clearance of Laigura Stone Quarry. After receipt of the said letter, petitioner prepared mining plan of Laigura Stone Quarry, which was approved by the Deputy Director of Geology, Sambalpur. After approval of the mining plan, petitioner submitted the same before the Tahasildar, Kuchinda and requested him to forward the proposal/ application for necessary environmental clearance.
2.1 On 31.05.2018, the Tahasildar, Kuchaindaopposite party no. 5 wrote a letter to the Chairman, District Level Environment Impact Assessment Authority, Sambalpur to grant necessary environmental clearance in respect of Laigura Stone Quarry. In the year 2019, during pendency of the environmental clearance, Range Officer, Kuchinda and the other forest authorities forcef
