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Item No.06

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL

EASTERN ZONE BENCH, KOLKATA

(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.117/2022/EZ

IN THE MATTER OF:

LOKANATH UPADHYAY,

Son of Biswanath Upadhyay,

Of Shasan Kandagaradi, Mukundapur,

Kandagaridi, Baleshwar,

Odisha-756042

……..Applicant(s)

Versus

1.UNION OF INDIA,

Service through Secretary,

Ministry of Environment, Forest and Climate Change

Government of India, having its Office at Indira Paryavaran

Bhawan, Jor Bagh Road, New Delhi-110003,

2.THE STATE OF ODISHA,

Service through Additional Chief Secretary,

Forest, Environment and Climate Change Department,

Government of Odisha, having its office at Kharavel Bhavan,

Bhubaneshwar, Odisha

3.THE CHIARMAN,

Odisha State Pollution Control Board,

Government of Odisha, having its office at

Parivesh Bhavan, A/118, Nilakantha Nagar,

Unit-VIII, Bhubaneswar-751012,

4.MEMBER SECRETARY,

Odisha State Pollution Control Board,

Having its office at paribesh Bhavan, A/118,

Nilakantha Nagar, Unit-VIII,

Bhubaneswar-751012,

5.THE DISTRICT MAGISTRATE,

Balasore, having his office at Kacheri Road,

Vivekananda Marg, Manikhamb, Balasore,

Odisha-756001,

6.THE DIVISIONAL FOREST OFFICER,

Balasore Wildlife Division, having his office at kuruda, Baleshwar,

Odisha-756056,

7.THE REGIONAL CHIEF CONSERVATOR OF FOREST,

Bhanjpur, Baripada Circle,

Mayurbhanj, Odisha-757002,

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8.THE TAHASILDAR NILGIRI,

P.S.-Nilgiri, District-Balasore, Odisha-756040,

9.KRUPASINDHU MOHANTY

(Biju Mohanty), son of Late Shyamasundar Mohanty,

Resident of Mukundapur,

Kandagaradi, Nilgiri, Balasore-756042,

……Respondent(s)

Date of hearing: 13.04.2023

CORAM:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER

HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

For Applicant(s)

: None

For Respondent(s) : Mr. Tarun Patnaik, ASC for R-2,5,6,7 & 8 (in Virtual Mode),

Mr. Sankar Prasad Pani, Adv. for R-9 (in Virtual Mode),

ORDER

1.

No one is present for the Applicant.

2.

Mr. Sankar Prasad Pani, learned Counsel appearing (in Virtual

Mode) has filed Vakalatnama on behalf of the Respondent No.9;

Private Respondent.

3.

The allegation in this Original Application is that about 79-80 trees

have been cut-down at Baba Bisweswar Mahadev Bijesthal,

situated in Khatian No. 731, Kandagaradi, under Mouza-

Kandagaradi Gram Panchayat, P.S.- Niligiri, P.O.-Kandagaradi, Via-

Bahanaga, District-Balasore. These trees comprise of Acacia, Neem,

Mahaneem, Eucalyptus, Gambhari, Saguan (Teek Wood) species

etc. It is stated that these trees have been cut-down for

construction of a ‘Ceremonial Hall’.

4.

Reliance has been placed on the letter of the Revenue Inspector,

Santaragadia, dated 24.05.2022 (page no. 29 of the paper book),

addressed to the Tahasildar-Niligiri, District-Balasore, stating

therein that about 79 Aakashia trees have been cut-down at Plot

No.578 near Biseswar Temple and have been stored inside the

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boundary of Shree Krupasindhu Mohanty, (Respondent No.9

herein).

5.

It is also stated that the trees in question would constitute a

‘Forest’ and no permission has been taken in this regard from the

Central Government as required under Section 2 of the Forest

(Conservation) Act, 1980, as well as from the State Government

under the Orissa Preservation of Private Forests Rules, 1963.

6.

Affidavit dated 09.11.2022 has been filed on behalf of Respondent

No.5 i.e., Collector and District Magistrate, Balasore, wherein it is

stated that the Respondent No.9 cut the trees on 23.05.2022

standing over Khata No.730, Plot No.577, for which permission had

never been applied for and, in fact, permission had been sought in

respect of Khata No.731, Plot No.578 but the trees were felled even

before any order could be passed on the application seeking such

permission. It is stated that the Revenue Inspector, Santargadia

conducted a field inspection and stated that 79 acacia trees ha