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2024 Supreme(Online)(NGT) 3072
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Srikanta Dash – Appellant
Versus
State of Odisha – Respondent
Original Application No.108/2024/EZ
For the Applicant(s): Mr. Akhand
For the Respondent(s): Mr. Jajeswar Nayak|Mr. Dipanjan Ghosh|Ms. Rashhmi Singhee|Mr. Biswa Chandan Mohanty
Tribunal directs removal of confirmed encroachments on reserve forest and government land, environmental compensation recovery despite partial unsubstantiation of allegations.
Headnote:The application alleges illegal encroachment on reserved forest land under relevant forest and environmental laws for farm house construction, tree felling, pond digging, and availing government subsidies for poultry and fish farming, causing pollution and biodiversity loss. Essential facts include site inspection by a joint committee revealing partial encroachments on government waste land and reserve forest, though not on the specific alleged plot. The Tribunal found encroachments confirmed on 0.57 acres of government land and 0.28 ha of reserve forest, with a pending case under Odisha Forest Act. Key issues framed as verification of encroachments on Plot No.305 and surrounding areas, with reasoning relying on joint committee report, affidavits, and records distinguishing private rayati land from encroached government plots and forest boundaries. Ratio emphasizes that while main allegation on Plot No.305 is unsubstantiated, adjacent encroachments exist, warranting restoration despite respondents' denials. Directions issued for immediate removal of encroachments, restoration within one month, computation and recovery of environmental compensation; no costs ordered.
| Table of Content |
|---|
| 1. allegations of forest encroachment and pollution by farm activities. (Para 1 , 2 , 3 , 4) |
| 2. joint committee verifies partial encroachments on government and forest land. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. respondents deny specific plot encroachment. (Para 19 , 20) |
| 4. tribunal analysis confirms adjacent illegal occupations despite main claim failure. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. orders encroachment removal, restoration, and compensation recovery. (Para 32 , 33 , 34) |
ORDER
1. Mr. Akhand, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.
2. Heard learned Counsel for the parties.
(The final order of this case shall be uploaded in the NGT Website by separate sheets of paper)
ORDER
1. The allegation in the present Original Application is that the Private Respondent Nos.11 and 12 are involved in illegal encroachment, clearing of trees and construction of a farm house building over reserved forest land at Akhupadar revenue village of Ranapur Tehsil in Nayagarh District of Odisha. It is alleged that They also built roads within the reserve forest and constructed a farm house in the name and style of ‘Swastik Farm House’ on the disputed land, digging ponds and grabbing lakhs of rupees in the form of government financial assistance under various schemes. It is also stated that financial assistance was provided for Poultry Farm and Fish Farming in those ponds in the Reserved Forest Area and special subsidy was also granted to the encroachers by the Nayagarh Agriculture Department and Horticulture Department for fruit farming.
2. It is alleged that Respondent Nos.11 and 12 have blocked the forest land and cut down the trees and destroyed the natural protected forest land by digging ponds and by carrying out fishing and other illegal works they have polluted the forests and damaged the original form of natural diversities. It is also alleged that in these illegal activities, the departmental officers of Nayagarh district are involved since without their knowledge it would not have been happened.
3. The Applicant has appended photographs as Annexure-I to show the illegal encroachment of forest land, digging pond and other damage to the original form of the reserve forest in Akhupadar revenue village.
4. The Applicant has also appended the Record of Rights (ROR) as Annexure-II, showing land bearing Khata No.154, Plot No.305, Ownership – Reserved, Type of Land – Forest, Area of Land– 4.950 acres under Ranpur Tahasil in Nayagarh District has been illegally blocked and encroached for construction of poultry farm creating serious environmental pollution inside the reserved forest.
5. At the time of admission this Tribunal constituted a Committee comprising of the following members with instructions to inspect the site in question and submit its Report with regard to the allegations made in the Original Application :-
i) District Magistrate, Nayagarh or his representative not below the rank of Additional District Magistrate;
ii) Divisional Forest Officer, Khordha or his representative not below the rank of Assistant Conservator of Forests; and
iii) Senior Scientist, Odisha State Pollution Control Board
6. Collector and District Magistrate, Nayagarh has filed his affidavit bringing on record the Joint Committee Report of an inspection carried out on 02.07.2024 which reads as under :-
“COMMITTEE REPORT OF JOINT VERIFICATION 1N O. A . NO. 108/2024 FILED BY SRIKANTH DASH -VRS- STATE OF ODISHA & OTHERS
The Hon'ble NGT have ordered to constitute a committee comprising of the following members and that the committee shall visit the site in question and submit it's report on affidavit within four weeks with regard to the allegation made in Original Application No. 108/2024
i. District Magistrate, Nayagarh or his representative not below the rank of Addl. District Magistrate, Nayagarh.
ii. Divisional Forest Officer, Khurda or his representative not below the rank o
