State must compute and recover environmental compensation for illegal tree felling on government land and ensure prompt official action.

ORDER

1. Mr. Sankar Prasad Pani, assisted by Mr. Ashutosh Padhy, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.

2. Rejoinder Affidavit dated 28.01.2025 has been filed by the Applicant; the same is taken on record.

3. Case called out. No one is present on behalf of the Respondent No.6 to 11, Private Respondents although the name of Ms. Amrita Satapathy is printed in the cause list. On 01.10.2024, Ms. Amrita Satapathy, learned Counsel had appeared (in Virtual Mode) and prayed for and was granted four weeks time for filing counter affidavit, but till date no counter has been filed although more than three months have passed.

(Final order of the said case will be uploaded in website in separate sheets of paper).

ORDER

1. The Applicant is stated to be a resident of Village Laxminarayanpur (Lakhapada), adjacent to village Chimma where trees are alleged to be felled. It is also stated that public complaints in this regard have been made to the District Magistrate, Khordha, DFO, Khordha, Tahasildar, Begunia, Forest Range Officer, Tangi but no action has been taken against the accused person/persons. It is alleged that about 100 fruit bearing trees and 30 full grown matured trees and other allied species have been illegally felled without any permission from the DFO, Khordha.

2. It is alleged that on 21.05.2024 large scale felling of trees of various species such as Kasi, Nimb, Kochila, Sala, Jackfruit, Mango, Accacia was started from Government land bearing Khata No.318, Plot No.254 and Khata No.319, Plot No.1071, 343 and 347. It is stated that the kissam of the land is Patita (Waste Land) and Smasan.

3. The complaint letter dated 22.05.2024 addressed to the District Magistrate, Khordha, DFO, Khordha, Tahasildar, Begunia, with its English translation has been filed as Annexure-3 to the paper book.

4. The Collector & Dist. Magistrate, Khordha has filed affidavit dated 27.09.2024. Along with this affidavit an Inspection Report of a Joint Committee constituted by him of an inspection carried out on  23.08.2024 has been filed. The Inspection Report reads as under:-

“COMMITTEE REPORT OF JOINT ENQUIRY IN O.A. NO. 138/2024/EZ FILED BY SN BISTHINUPRIYA MOFHANTY VRS- STATE OF ODISHA & OTHERS

The Hon’ble NG vide Order passed m OA No.128/2024/F7. directed all the respondent to hile then counter atfidavit. In order o enquire into the allegations made MmO\ NG 182024717 Additional District Magistrate, Khordha constituted a committee vide order 10278 on dated 21.08.2024 of following members and also directed that the committee to visit the spotin-question and submit the detailed report the Collector Khordha by 23.08 2024

 Sub-Collector, Khordha

 Assistant Conservator of Forests, Khordha 

 Tahasildar, Begunia

The Committee members visited the spot in question and carried out enquiry on2308.24 1030 am. During the visit of committee ACF I/c Tangi, Forester Bhusandapur, RI Sikko, representative from Complainant site were also present in the spot. Some villagers of chima participated in the enquiry so motu. The team examined the contents of the allegation made in the original application of the petitioner in details with the help ol available records. The pointwise observations were made as follows 

Action Taken:

Tahasildar. Begunia had lodged a FIR against the miscreants of Chimma on dated 23/08/24 at Jankia Police station”.

5. An affidavit dated 21.09.2024 has been filed by the Divisional Forest Officer (DFO), Khordha stating therein that there is a morrum road over the plot no. 1071, 343, 347 under the Pradhan Mantri Gram Sadak Yojana (PM