No forest clearance required for road restoration on non-forest 'Rasta' plots; S.2 FCA applies only to Gramya Jungle.

ORDER

1. Mr. Sankar Prasad Pani assisted by Mr. Ashutosh Padhy, learned Counsel is present for the Applicant.

2. This Original Application has been filed by the Applicant with the allegation that road from Balabhadrapur to Dhipmal is being constructed on Plot Nos.773 and 9 in Khata No. 510, Kissam Gramya Jungle in Gudupangi Mouza of Nayagarh District.

3. The contention of the Applicant is that this land having an area of 53.69 Acres and 8.94 Acres respectively is Revenue forest land (Gramya Jungle) but no Forest Clearance has been obtained as required under Section 2 of the Forest (Conservation) Act, 1980.

4. Earlier also an Original Application No.12/2021/EZ had been filed in respect of Khata No. 510, Plot No.773 of Gudupangi Mouza for the same area on the same allegations and the said Original Application was dismissed and it was directed that in the eventuality of using portion of revenue forest land for construction purpose either for widening of road and black topping then necessary clearances for diversion of forest land for non-forest purpose under Section 2 of the Forest (Conservation) Act, 1980, besides obtaining consent of Gram Sabha under Forest Rights Act, 2006, be taken in accordance with law.

5. Para-17 of the order of the Tribunal dated 29.09.2021 reads as under:-

“The Original Application No.12/2021/EZ is devoid of merits and same is accordingly dismissed. We, however, make it clear that in the eventuality of using the portion of revenue forest land for construction purpose by either widening of road and black topping then necessary clearances for diversion of forest land for non-forest purpose under Section 2 of the Forest (Conservation) Act, 1980 besides obtaining consent of Gram Sabha under Forest rights Act, 2006 be taken in accordance with law.”

6. Section 2 of the Forest (Conservation) Act, 1980, also reads as under:-

“2. Restriction on the de-reservation of forests or use of forest land for non-forest purpose- Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing(cid:151)

(i) That any reserved forest (within the meaning of the expression “reserved forest” in any law for the time being in force in that State)or any portion thereof, shall cease to be reserved:

(ii) That any forest land or any portion thereof may be used for any non-forest purpose.

(iii) That any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by Government, (iv) That any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation.

Explanation.(cid:151) For the purposes of this section “non-forest purpose” means the breaking up or clearing of any forest land or portion thereof for any purpose other than reafforestation.

(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants;

(b) any purpose other than reafforestation, but does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts,