Jungle-recorded land cannot be used for non-forest purposes like Gram Panchayat office without Forest Conservation Act permission.

ORDER

1. Mr. Akhand, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.

2. The allegation in the present Original Application involves tree cutting and illegal construction of building and occupation of forest land on Khata No.387, Plot No.1793, Area Ac. 1.70 dec. in Jhadapada Mouza under Ranapur Tahasil in the District of Nayagar, Odisha by Respondent Nos.10, 11 and 12.

3. It is alleged that Respondent No.12 has already cleared all the trees from the land and constructed a one room pucca building over it; since 2017 the Respondent No.10 i.e. Jhadapada Gram Panchayat has been using it as his office violating all the environmental norms; the Respondent Nos.10, 11 and 12 have jointly started foundation works for construction of a new building of area 1200 square feet over the said land since April, 2024 without requisite approval.

4. The Applicant has appended photographs of the previous constructed house and foundation works for new construction as Annexure-3. A copy of the Record of Rights (ROR) of Khata 387, Plot No.1793 in Jhadapada Mouza under Ranapur Tahasil has also been enclosed as Annexure-1.

5. The Applicant has also referred to Writ Petition (C) No.20308 of 2021 in the High Court of Orissa at Cuttack in which the Hon’ble High Court of Orissa has passed the order dated 30.07.2021.

6. The judgment and order of the Hon’ble High Court of Orissa at Cuttack dated 30.07.2021 passed in W.P. (C) No.20308/2021, Jharpada Grama Panchayat vs. State of Odisha and Ors., reads as under:-

“ORDER

30.07.2021

1. This matter is taken up by video conferencing mode.

2. Heard Mr. Nepoleon Sahani, learned counsel for the Petitioner and Mr. P.P. Mohanty, learned Addl. Government Advocate for the State.

3. In this Writ Petition the Petitioner has challenged the order dated 26.2.2021 passed by the Sub-Collector, Nayagarh in Lease Appeal Case No.10/2020 rejecting the appeal filed by the Petitioner, who is a Sarpanch, Jharpada Grama Panchayat, to settle a peace of land in its favour for construction of the Grama Panchayat Office. However, it is seen from the record that the said petition has been rejected only on the ground that the land sought to be settled in favour of the Petitioner are recorded as Jungle in Sabik Settlement as per the Letter of the Chief Secretary No.4822/CS dated 12^th February, 2015 any land recorded as Jungle in Sabik Settlement cannot be settled in favour of any person or institution without appropriate permission of the Forest Conservation and Disaster Management Department, Odisha. So prima facie the orders passed by the Sub-Collector does not suffer from any infirmity. We do not find any merit in the Writ Petition to issue notice. The Petitioner may file an appropriate application before the Collector, Nayagarh identifying another suitable land for construction of the Grama Panchayat.

4. The Writ Petition is accordingly dismissed.

5. As the restrictions due to resurgence of COVID-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation with seal by the concerned advocate Mr. Nepoleon Sahani, learned counsel for the Petitioner, or Mr. P.P. Mohanty, learned Addl. Government Advocate for the State, in the manner prescribed vide Court’s Notice No.4587 dated 25^th March, 2020 as modified by Court Notice No.4798 dated 15^th April, 2021.

7. The stand of the Respondent No.6, Divisional Forest Officer, Khordha, in his affidavit dated 19.09.2024 is that the Kissam of the land i.e. Khata No.387, Plot No.1793, area 1.