Development activities on forest land require prior governmental approval under the Forest (Conservation) Act and adherence to environmental protections as per the Forest Rights Act.

ORDER

1. Mr. Sankar Prasad Pani, learned Counsel assisted by Mr. Ashutosh Padhy, learned Counsel is present (in Virtual Mode) for the Applicant. Learned Counsel has drawn the attention of the Court to the affidavit of the Divisional Forest Officer (DFO), Koraput Forest Division dated 30.11.2024 and submits that the affidavit was notarized on 30.11.2024 by the Notary, Prasant Kumar Patro whereas the signature on the affidavit of the Additional Government Advocate, Mr. Saroj Kumar Jee in the verification at page no.489 is dated 02.12.2024.

2. We are of the view that the affidavit has been notarized on 30.11.2024 which would not invalidate the affidavit itself merely for the grievous fault of the Additional Government Advocate, Mr. Saroj Kumar Jee.

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

ORDER

1. We have heard learned Counsel for the parties and perused the documents on record.

2. The allegation in the present Original Application is that in Koraput District, there is a peak called Deomali which is known for endemic species of flora and fauna and the same is also Forest Land known as Deomali Reserve Forest. It is alleged that the Forest Department is constructing cottages in Deomali Hilltop under Pottangi Block with all-weather cement fiber boards. It is also alleged that ten (10) cottages for night stay of tourists have been constructed with provisions of a dining hall and two dormitories. It is further alleged that the Department has also planted about 1,000 tropical pine saplings brought from Assam for beautification of the landscape of the spot. It is also alleged that due to bauxite deposits on the hilltop, the soil dug up by machines were used to make pits for planting of saplings and other soil was also used to ensure growth of the plants.

3. It is further alleged that the Deomali Project is included under the Centre’s Swadesh Darshan Scheme for development of infrastructure to boost inflow of tourists. The Project is in addition to Rs.16 crores sanctioned by the Tourism Department for integrated development of the hill.

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4. It is also alleged that similarly Semiliguda Forest Range has prepared a proposal for Development of Eco-Tourism Complex, at an estimated cost about Rs.4.5 Crores and the same is being executed by the Semiliguda Forest Range Office, Koraput District. The nature of the ongoing construction and what has been proposed at Deomali Hilltop are outlined as follows: -

“Parking area Development, Pathway with nature trail leading to Deomali Peak Grand entrance gate with security cabin and ticket counter

• Open dining with kitchen, store and pantry

• Driver’s and staff Dormitory

• Laundry and wash, 10 Nos. model Eco-cottages,

• Reception, office with lounge and toilet,

• Construction of viewpoints-02 Nos.

• Construction of common toilet-02 Units.

• Police sentry post with Barrack

• Water intake and water supply with construction of overhead tank, Electrification throughout project area with DG Generator Set installation with transformer,

• Installation of solar system, an alternative to Electric power,

• Landscaping and Park development around cottage area, • Fencing around cottage area and Signage”

5. It is stated that the Divisional Forest Officer (D.F.O.), Koraput Wildlife Division, has issued tender notice for Rs.3.95 Crores for Civil Works at Deomali, the last date of the bid being 15.12.2022.

6. The Semiliguda Forest Range Project is stated to be spread over 10.4 hectares or 26 acres of Forest land and requires prior approval under the