Settlement of forest land is void without prior Central approval under the Forest (Conservation) Act; a jurisdictional error does not validate an illegal title.

Judgment :

Sanjeeb K Panigrahi, J.

1. In this Writ Petition, the petitioner seeks a direction from this Court to quash the impugned orders dated 18.05.2012 of the RDC (Central Division) and 26.08.2015 of the Sub-Collector, Athagarh, and to restore the Tahasildar’s settlement order dated 27.08.2001 in Encroachment Case No. 467/2001, thereby protecting the petitioner’s lawful possession over the case land.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) The dispute concerns Government land under Khata No. 294, Plot No. 1069 of Mouza Kusupangi, District Cuttack, measuring approximately Ac.1.200. The land was originally recorded as Patra Jungle and later recorded as Taila in the name of the petitioner following proceedings before the Tahasildar, Athagarh.

(ii) The Tahasildar, Athagarh, by order dated 27.08.2001 in Encroachment Case No. 467/2001, settled the suit land in favour of the petitioner. Subsequently, an ROR was published in his name as Khata No. 265/252, Plot No. 1069/1607.

(iii) The petitioner applied for conversion of part of the land to homestead under Section 8(1) of the Odisha Land Reforms Act, and in OLR Case No. 167/2005, was directed to deposit a premium of Rs. 14,400, which he deposited.

(iv) The Revenue Inspector, Nidhipur, had earlier submitted a report in Form-G alleging unauthorized occupation of Government land by the petitioner, leading to initiation of encroachment proceedings.

(v) On 30.01.2009, the Additional Tahasildar, Athagarh, filed Encroachment Appeal No. 5 of 2009 before the Sub-Collector, Athagarh, challenging the 2001 settlement order of the Tahasildar. The appeal was filed after obtaining permission from the Collector, Cuttack, in accordance with Government Notification No. S-60/91-56606 dated 21.11.1992 and Collector’s Letter No. 1651 dated 07.06.2008.

(vi) The petitioner filed objections in the said appeal, and after hearing, the Sub-Collector, by order dated 26.08.2015, set aside the Tahasildar’s order dated 27.08.2001, directed correction of the ROR to revert the land to Government Khata, and ordered resumption of possession.

(vii) During pendency of the said appeal, the Sub-Collector, Athagarh, informed the Member, Board of Revenue, Cuttack, by Letter No. 642 dated 02.02.2009 regarding the alleged irregularities in settlement. The Member, Board of Revenue, in turn, directed the Revenue Divisional Commissioner (Central Division), Cuttack, to take appropriate action.

(viii) Acting on the said direction, the RDC (Central Division), Cuttack, initiated OPLE Suo Motu Revision Case No. 4 of 2010, issued notice to the petitioner, and by order dated 18.05.2012, set aside the Tahasildar’s order dated 27.08.2001, holding the settlement to be irregular and directing eviction from the case land.

(ix) Reports on record, including an R.I. enquiry dated 05.01.2009, indicated that the petitioner possessed other land measuring Ac.6.52 and had an annual income of approximately Rs. 40,000.

(x) The petitioner has alleged that several other persons have been granted settlement or conversion of land from the same Khata and Plot to Gharabari category and continue in possession, whereas his case alone was reopened and cancelled.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

3. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(i) The suo-motu Encroachment Appeal filed after eight years was barred by limitation and ought to have