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2025 Supreme(Online)(NGT) 1727
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Arun Kumar Verma, EM
Youth United for Sustainable Environment Trust – Appellant
Versus
State of Odisha – Respondent
Original Application No.26/2025/EZ | I.A. No.59/2025/EZ
For the Appellants/Petitioners: Mr. Sankar Prasad Pani, Mr. Ashutosh Padhy
For the Respondents: Mr. Partha Sarathi Nayak, Ms. Papiya Banerjee Bihani, Mr. S. S. Tripathy, Mr. Pritam Pradhan, Mr. Rakesh Behera
State authorities must enforce accountability for environmental violations, including illegal encroachments on forest land.
Headnote:(A) Environmental Protection Laws - Encroachment of forest land - Mandating removal of encroachments and restoration of land - Environmental compensation for illegal actions must be computed and recovered. (Para 42)
(B) Responsibilities of State Authorities - Authorities must ensure prompt action against environmental violations and take accountability for lapses. (Para 44)
Facts of the case:
The Applicant alleged illegal encroachment by the Respondent on forest land for a Dhaba operation. The Tribunal noted the absence of forest growth despite land being designated as forest area.
Findings of Court:
The Tribunal directed investigation into the illegal dumping of fly ash and accountability measures against State authorities for dereliction of duty.
Issues: The case addressed the legality of encroachments on forest land and the responsibilities of State authorities.
Ratio Decidendi: The Tribunal asserted that the Odisha State Pollution Control Board must take necessary actions and enforce accountability regarding environmental violations.
Result: The Original Application is disposed of with directions to the Odisha State Pollution Control Board to investigate the dumping of fly ash and take necessary action.
| Table of Content |
|---|
| 1. illegal encroachment of forest land (Para 2 , 3 , 4 , 5) |
| 2. responsibilities of authorities regarding encroachments (Para 32 , 33) |
| 3. need for action against environmental violators (Para 41 , 42 , 44) |
ORDER
1. Heard Mr. Sankar Prasad Pani, learned Counsel assisted by Mr. Ashutosh Padhy, learned Counsel appearing (in Virtual Mode) for the Applicant.
2. The present Original Application has been filed by the Applicant seeking the following reliefs:-
I. Direct the DM Dhenkanal and DFO Dhenkanal to remove the encroachments from the forest land and restore the land to its original condition by removing the Flyash and Dolochar from the land.
II. Direct the State respondents to compute environmental compensation for illegally encroaching the forest land without prior approval from the competent authority, and to recover the same from the Private respondents.
III. Fix the accountability/responsibilities of the concerned Govt. authorities for their inaction and willful dereliction of duties causing damage to the forest land and environment.
IV. Pass such other orders/directions as may be deemed fit and proper in the bonafide interests of justice.”
3. The allegation of the Applicant is that the Respondent No.8, Suresh Sahoo, Private Respondent has illegally encroached the Khalpal Reserve Forest land within Mahabirod Forest Range and Revenue land (Under Parjang Tahasil, Mouza-Kualo, Khata No-824 and Plot No-1 recorded as Kisam Gochara) for approach road to one Dhaba (Hotel New Surya) and Parking Place for Heavy Vehicles without any permission from the competent authorities. It is alleged that the Respondent No.8 has illegally encroached part of Khalpal Reserve Forest land and Govt Revenue Land for his hotel/dhaba’s parking and approach road.
4. It is alleged that the Respondent No.8 has encroached more than 5 Acres of Land including the Reserve Forest Land and a parking space has been carved created out of this encroached land for renting it out to various vehicle owners.
5. It is also alleged that the Respondent No.8 has illegally constructed a Vehicle Washing Centre, Garage and Dyanamo Repairing Workshop which is also managed by the Respondent No.8.
6. It is stated that on 04.09.2024 one Rasmi Samal had filed a complaint petition before the District Magistrate Dhenkanal alleging illegal parking of vehicles in the reserve forest as well as government land. On receipt of the complaint, the District Magistrate, Dhenkanal ordered the Revenue Inspector, Kualo to visit the alleged site and file a field enquiry report and accordingly the Revenue Inspector, Kualo visited the site and submitted his field enquiry report dated 19.09.2024 confirming that during the field enquiry some heavy vehicles were parked over the vacant section of the Reserve Forest which is adjacent to the schedule land.
7. The land schedule has been given in the letter dated 19.09.2024 (page no.20 of the paper book) which is as under:-
LAND SCHEDULE
| Village | Khata No. | Plot No. | Kissam | Area (in Ac.) | RT |
|---|---|---|---|---|---|
| Kualo | 824 | 01 | Gochar | 15 | Govt. of Odisha |
8. The report further mentions that a ‘Prohibition’ board has been displayed in front of the grazing land and often penalty has been imposed against illegal parking over the said land to prevent unauthorized parking. However, during inspection, not a single vehicle was found parked over the said section of the Reserve Forest.
9. It is also stated that the Applicant also sent an e-mail complaint to the Ministry of Environment, Forest and Climate Change (MoEF&CC), Integrated Regional Office, Bhubaneswar vide his letter dated 26.08.2024 upon which the Ministry of Environment, Forest and Climate Change (MoEF&CC) wrote to the Additional Chief Secretary, Forest Environment & Climate Change Department, Government of Odisha on 08.10.2024 for inquiry and taking necessary action.
10. It is stated that the Additional Chief Secretary, Government of Odisha, thereafter vide his letter dated 28.11.2024 wrote to the Collector & DM, Dhenkanal to look into the matter
