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2024 Supreme(Online)(NGT) 3405

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
1. PRAKASH CHANDRA NAYAK S/O DURYODHANNAYAKAGED ABOUT 47YEARS AT- PATARPADA PO- PATAMANDIRPS- PARAJANG DIST- DHENKANALODISHA – Appellant
Versus
1. STATE OF ODISHA REPRESENTED BY ADDITIONAL CHIEF SECRETARY FOREST AND ENVIRONMENT DEPARTMENT GOVERNMENT OF ODISHA – Respondent


Advocates:
For the Petitioner: SANKAR PRASAD PANI
For the Respondent:

ORDER

1. The allegation in the Original Application is that the Project Proponent i.e., Respondent No.6 is cutting trees in land which is otherwise forest land by illegal diversion of forest land for the purposes of industrialization. It is stated that 7.5 acres of Sabik Kisam Forest Land is being usurped by Respondent No.6 for the benefit of Respondent No.7 i.e., M/s Western Integrated Waste Management Facility Private Limited which is projected to set up Common Hazardous Waste Treatment, Storage and Disposal Facility (CHWTSDF) at Village- Patamrapada, Teshil-Parjang, District-Dhenkanal, Odisha.

2. The contention of the Applicant is that the land in question is forest land recorded as Forest Land (Sabik Jungle) in the Revenue Records and no Forest Clearance has been obtained.

3. Mr. Sankar Prasad Pani, learned Counsel for the Applicant has referred to the Bhulekh Record at page 40 of the Original Application and submits that in respect of the land in dispute i.e. Khatian No.1023, Plot No.5 though under the head “Kisam” it is mentioned “Taila-2” but under the ‘remark’ column the nature of the land has been described as “Sabik Kisam Jungle”. Learned Counsel further referred to the docu

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