SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(Ori) 1985

ORISSA HIGH COURT
S.K.PANIGRAHI, J
Pravin Kharia – Appellant
Versus
State of Odisha and Ors. – Respondent
W.P.(C) No.7621 of 2025



Advocates:
For the Appellants/Petitioners: M/s. Rashmi Narayan Patnaik
For the Respondents: Ms. Gayatri Patra, ASC

The court allows cutting of trees on private land, conditioned on afforestation efforts.

Headnote:This Writ Petition challenges the rejection of a permit for cutting trees under the Orissa Timber and other Forest Produce Transit Rules, 1980. The Petitioner claims those trees are on private land, not forested. The State concedes to allow cutting under supervision, conditioned on planting 500 saplings. The Court directs issuance of the permit and supervision of plantation.

1. This matter is taken up through hybrid arrangement.

2. The Petitioner, in this Writ Petition, challenges the Letter No.1558 dated 17.02.2025 issued by the Opposite Party No.2/ Divisional Forest Officer, Bonai Division, Bonaigarh, District- Sundargarh rejecting his letter for issuance of T.T. Permit in respect of trees standing over his lands as provided under the Rules of the Orissa Timber and Other Forest Produce Transit Rules , 1980 on the ground that all the trees are natural trees not planted by the people which looks like a forest as per the guidelines of the Government of Odisha. 3. Heard learned counsel for the Parties.

4. Learned counsel for the Petitioner submits that the Petitioner wants to cut 80 numbers of trees from the aforesaid land which are mostly within the age group of 20-25 years and sound in nature. The approximate height of the said trees is 5 meters to 9 Location: ORISSA HIGH COURT, CUTTACK Date: 08-Aug-2025 16:29:30 meters and the girth is 68 cms. to 115 cms. The trees are mostly Sal, Mahula and Char and the same are standing within the limit of the present Petitioner’s private land which cannot be treated as the trees belonging to the forest. Accordingly, the Petitioner may be allowed to cut/ clear the said trees from the aforesaid land under the supervision of the Opposite Party No.2/ Divisional Forest Officer, Bonai Division, Bonaigarh, District- Sundargarh. He further submits that the Petitioner volunteers to plant about 500 similar saplings in and around the vicinity of his village. An affidavit to that effect has been filed. The same be kept on record.

5. Learned counsel for the State concedes to the submissions made by the learned counsel for the Petitioner.

6. Considering the submissions made by the learned counsel for the Parties, this Writ Petition is disposed of directing the Opposite Party No.2/ Divisional Forest Officer, Bonai Division, Bonaigarh, District- Sundargarh to issue T.T. Permit in respect of the trees standing over the lands of the Petitioner as provided under the Rules of the Orissa Timber and Other Forest Produce Transit Rules , 1980 subject to the conditions that the Petitioner shall plant 500 similar saplings in and around the vicinity of his village. The Opposite Party No.2/ Divisional Forest Officer, Bonai Division, Bonaigarh, District- Sundargarh is further directed to supervise the growth of such plants for Location: ORISSA HIGH COURT, CUTTACK Date: 08-Aug-2025 16:29:30 the next five years. It is also directed that the Revenue Authority shall assist the Petitioner in identifying the land for plantation and the Opposite Party No.2/ Divisional Forest Officer, Bonai Division, Bonaigarh, District- Sundargarh shall extend assistance to the Petitioner by supplying the necessary saplings.

7. Accordingly, this Writ Petition is disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top