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 boundar