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2024 Supreme(Online)(NGT) 4275
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Dr. Arun Kumar Verma, EM
Srikanta Dash – Appellant
Versus
State of Odisha & Ors. – 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
The encroachment on reserved forest land necessitates immediate removal actions by authorities and accountability for environmental damages caused.
Headnote:(A) Odisha Forest Act, 1972 - Section 27(3)
(C) - Allegations of illegal encroachment and construction on reserved forest land - The Tribunal directed the removal of illegal encroachments on reserved forest land, determining that Respondent Nos. 11 and 12 had indeed encroached upon the forest land by clearing trees and constructing a farm house, leading to significant environmental damage. (Paras 1, 12, 28, 32)
(B) Environmental Protection - Obligations of the state - Established that the state and its departments failed to prevent illegal encroachments on forest land thereby compromising environmental integrity; they must take immediate restorative action against violators and address environmental compensation. (Paras 19, 32)
| Table of Content |
|---|
| 1. illegal encroachment and environmental damage due to unauthorized constructions. (Para 1 , 2 , 4 , 12 , 19) |
| 2. obligation of authorities to rectify illegal encroachments and assess environmental impact. (Para 22 , 28 , 30) |
| 3. judicial direction for immediate restoration of encroached forest land and compensation. (Para 32 , 34) |
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 of Asst. Conservator of Forests.
iii. Senior Scientist, Odisha State Pollution Control Board, Berhampur As per direction of the Hon'ble NGT, Collector, Nayagarh being the Nodal Officer in this case constituted the committee taking the following members (1) A.D.M.(Revenue), Nayagarh, the representative of Collector, Nayagarh (2) Asst. Conservator of Forest, the representative of DFO,. Khurda (3) Regional Officer, State Pollution Control B
