ORDER

1. In this case the Applicant has alleged use of kisam Gramya Jungle bearing Plot No. 363 and 323 in Khata No. 644 measuring about 15.43 acres situated at Manikunda village under Marshaghai Tehsil, Kendrapada District, Odisha without obtaining clearance under the Forest (Conservation) Act, 1980.

2. During the course of the proceedings, a Committee comprising of the District Magistrate, Kendrapada and Divisional Forest Officer, Cuttack was constituted by the Tribunal with a direction to jointly conduct an inspection of the area in question and, after verification of the facts, to submit a report. It was further directed that if the allegations were found to be correct, appropriate action in accordance with law be taken against such violation.

3. The report filed in compliance of the above inter alia stated as follows:-

“4. As per the report of the Tahasildar, Marshaghai, there is no alternate suitable non-forest government land available in that area for the said Mega Piped Water Supply Project.

5. That the team observed that there is no tree felling over the alleged forest land and there is no forest growth over the alleged plot except few numbers of Acacia species on the boundary of the plot.

6.That the team observed that the above area recorded under mouza Manikunda, Plot No. 363 & 323, Khata No. 644 under Marshaghai Tahasil having Kissam Gramya Jungle under Revenue Department.

7. The team observed that the executive engineer, RWS&S Division, Kendrapara started the Mega Piped Water Supply Project work over the alleged land by constructing masonary compound wall over 179 Rmt., temporary labour shed over 540 Sqft., digging of earth for bore well and treatment plant and stored the construction materials as it was an urgent work as per his version.

8. The team observed that the User Agency Executive Engineer, RWS&S Division, Kendrapara has applied for diversion of the forest land for non-forestry use under Scheduled Tribe and Other Traditional Forest Dwellers Act, 2006, as the area required for the Project is less than one hectare.”

4. On 23.04.2019 an additional affidavit was filed by the applicant stating that despite the land being a forest land for which no clearance had been obtained as required under law, the work was still continuing. However, from the report we had noted that the District Magistrate had already taken action by issuing directions to stop all activities being undertaken in the forest land till the completion of the process of forest diversion proposal and to dismantle the labour sheds including removal of heavy machinery and construction materials.

5. In view of the facts and circumstances, we had directed the MoEF to submit its views and the District Magistrate, Kendrapada and the Divisional Forest Officer, Cuttack to undertake further inspection for the purpose of verifying the correctness of the statements made in the additional affidavit.

6. A consequential report submitted by the District Magistrate, Kendrapada and the Divisional Forest Officer, Cuttack revealed the following:-

“a. The team observed that the Project Mega Piped Water Supply is sanctioned by the Government of Odisha PR & DW Department to mitigate the acute drinking water scarcity in that area for 46703 nos of households i.e. 265177 nos. of individuals.

b. That the team observed that there is no tree felling over the alleged forest land and there is no forest growth over the alleged plot except few numbers of Acacia species on the boundary of the plot.

c. That the team observed that the above area recorded under mouza Manikunda, Plot No. 363 & 323, Khata No. 644 under Marsaghi Tahasil having kissam Gramya Jungle under Revenue Department.

d. The Team observed that the Executive Engineer, RWS &S Division, Kendrapa continuing the Mega Piped Water Supply Project work over the alleged land by constructing masonary compound wall over 179 Rmt, temporary labour shed over 540 sqft. constructionof bore well and treatment plant and stored the constructio