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TMI Blog2022 (6) TMI 1478X X X X Extracts X X X X X X X X Extracts X X X X ..... d line cleared to a width of 20' or by natural boundaries as specified therein, has not been given effect to. The legislators of the State of Odisha enacted Orissa Forest Act, 1972 giving paramount consideration to the protection and management of the forests and forest produce. Chapter-II of the Orissa Forest Act, 1972 deals with Reserved Forest . Section-3 thereof provides that the State Government may constitute any land which is the property of the Government or over which the Government have proprietary rights of the reserved forest in the manner provided therein. In view of aforesaid provisions of law, the procedure which is required to be followed to declare the forest as reserved under Section 21 of the Orissa Forest Act by issuing notification, but the same has not yet been done so far as the present quarry area is concerned. In absence of any materials available on record with regard to compliance of the provision of law, the order passed by the Divisional Forest Officer vide letter dated 16.10.2020 under Annexure-11 issuing clarification regarding proposal of environment clearance of Laigura Stone Quarry over an area of 4.81 acres or 1.95 hectare at village Laigura, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of Rule 26(2) of the Odisha Minor Mineral Concessions (Amendment) Rules, 2014 to opposite party no. 5-Tahasildar, Kuchinda to grant lease of the stone quarry for a period of five years over Ac. 4.81 decimal. The said application was registered as Touzi Case No. 140 of 2016 of Kuchinda Tahasil. The other owners had submitted their no objection certificates in shape of affidavit. On 17.10.2016, the Tahasildar, Kuchinda had invited objections and no objection was received within the stipulated period. After necessary scrutiny, opposite party no. 5-Tahasildar, Kuchinda recommended the application of the petitioner to opposite party no. 4-Sub-Collector, Kuchinda, who duly recommended the application of the petitioner to opposite party no. 3-Collector, Sambalpur. On 19.06.2017, opposite party no. 3, being the competent authority, declared Laigura Stone Quarry as a new sairat. The schedule of the land described in Form-J by the petitioner was approved by the Collector, Sambapur for Laigura Stone Quarry. Pursuant to such approval, the Deputy Collector (Revenue), Sambalpur, on 20.06.2017, wrote a letter to the Tahasildar, Kuchinda to take further necessary action as per the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Name of Rayat Khata No. Plot No. Area 1. Gochhara Rajkoishore Deo S/oHarish Ch. Deo 43 693/3058 692/3087 Ac. 0.21 Ac. 0.38 2. Laigura Lokanath Pradhan 121/67 692/3237 Ac 1.82 Total Ac. 2.41 As per Revenue Department records and maps, the disputed stone quarry is situated on the Revenue Land having the above Plot No. and Khata No. But as per the Revenue Department Notification on Langaposh-Baliturei PRF(A) having No. FS4986/79/5997 dt. 28/01/1980 and its map the said stone quarry comes inside the notified PRF area. On 10.07.2019 the Tahasildar, Kuchinda who was present in the JV also directed to Sri Rajkishore Deo for not to lift any stone from this quarry till further orders. From the Notification's Prismatic Compass and Chain Survey readings a fresh map was also prepared and verified it in the field during JV. After all these efforts in could not be cleared up whether the Land in question is a Revenue Land or Forest Land because both the Department claim the right over it as per the official records available with them. 2.3. On 16.10.2020, the Divisional Forest Officer, Bamara wrote a letter to the Member Secretary, State Environment Impact Assessment Authority (SEIAA), Odish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Hence this writ petition. 3. Mr. Asok Mohanty, learned Senior Counsel appearing along with Mr. S. Mohanty, learned counsel for the petitioner vehemently contended that the letter dated 16.10.2020 under Annexure-11 issued by the Divisional Forest Officer, Bamara Wildlife Division is illegal, arbitrary and thus cannot sustain in the eye of law, in view of the letters dated 29.01.2020 and 16.10.2020 of the Divisional Forest Officer, Bamara Wildlife Division addressed to the Collector District Magistrate, Sambalpur and Member Secretary, State Environment Impact Assessment Authority, (SEIAA), Odisha, Bhubaneswar respectively that the plots of Laigura Stone Quarry are not coming under the protected reserve forest. Therefore, the order refusing to grant environment clearance cannot sustain in the eye of law. It is further contended that save and except Section-4 notification, no further follow up action has taken place till today. Therefore, inclusion of disputed plots under Langposh-Baliturei PRF(A) , as alleged, has no justification. Furthermore, the disputed plots are not included in the notification and in absence of the said plot numbers in the notification, the map cannot be reli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate the quarry in question. 5. This Court heard Mr. A. Mohanty, learned Senior Counsel appearing along with Mr. S. Mohanty, learned counsel for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State by hybrid mode. Pleadings having been exchanged between the parties, with the consent of learned counsel for the parties, the matter is being disposed of finally at the stage of admission. 6. On the basis of factual matrix, as discussed above, the dispute which revolves around in this case is whether the land in question where the Laigura Stone Quarry situates belongs to the Revenue Department or the Forest Department and if so, does it come under the proposed reserved forest area? 7. Even though counter affidavits are filed by opposite parties no. 5 6 on 16.07.2021 and 22.07.2021 respectively, the same could not give a correct picture to resolve the conflict between the Revenue Department and the Forest Department. Therefore, in course of hearing, on 09.05.2022, this Court passed the following order:- This matter is taken up through hybrid mode. 2. Heard Mr. Ashok Mohanty, learned Senior Advocate along with Mr. S. Mohanty, learned counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dience to the above order, an additional affidavit was filed by Jitendra Kumar Behera, Assistant Conservator of Forest, Bamara on behalf of opposite party no. 6, paragraphs-3 4 whereof reads as follows:- 3. That it is humbly submitted that on 22.07.2021, the Opp. Party No. 6 has already field counter affidavit in the present writ application, inter-alia, stating that the Govt. of Odisha, Revenue Department vide Notification No. FS-486/79- 5997/R, dated 28.1.1980, issued a notification U/s. 4 of the Orissa Forest Act, 1972, wherein proposed to constitute Langposh- Baliturai proposed reserve forest. 4. That it is humbly submitted that the proposal of reserved forest has not yet been notified U/s. 21 of the Orissa Forest Act, 1972. Copy of the letter dated 3.9.2021 of the D.F.O. Bamara Wild Life Division, Sambalpur along with Notification dated 28.1.1980 issued by the Govt., Revenue Department are annexed herewith and marked as Annexure-M/6 Series. 9. Referring to such pleadings and documents available on record under Annexure-M/6 series, the letter dated 03.09.2021 of opposite party no. 6 addressed to the Additional Govt. Advocate makes it clear that the proposed reserved forest has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of the Act and notification u/s. 21 of the Orissa Forest Act, 1972 in respect of reservation of Langposh-Baliturei A forest Block under Bamara Forest Division are not traceable. However, we have requested to the Govt. in Forest Environment Department, Odisha, to provide a copy of notification, if issued and available at their end. Copy of the letter dated 9.9.2021 of the Collector, Sambalpur is enclosed herewith and marked as Annexure-A/5. 11. In view of pleadings available on record, now it is to be examined with reference to the law governing the field. The legislators of the State of Odisha enacted Orissa Forest Act, 1972 giving paramount consideration to the protection and management of the forests and forest produce. Chapter-II of the Orissa Forest Act, 1972 deals with Reserved Forest . Section-3 thereof provides that the State Government may constitute any land which is the property of the Government or over which the Government have proprietary rights of the reserved forest in the manner provided therein. Sections-4 6 of the Orissa Forest Act, 1972, being relevant for the purpose of this case, are extracted hereunder: 4. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on declaring the forest reserved, which reads as follows: 21. Notifications declaring forest reserved- (1) When the following events have occurred, namely: (a) the period fixed under Section 6 for preferring claims has elapsed and all claims, if any, made under that section or Section 9 have been disposed of by the Forest Settlement Officer; (b) if any such claims have been made the period limited by Section 17 for preferring appeals from the orders passed on such claims has elapsed, and all appeals, if any, presented within such period have been disposed of by the appellate authority; (c) if any such appeals have been presented, the period limited by Section 19 for making an application for revision of the appellate order has elapsed, and all applications, if any, made within such period have been disposed of by the revisional authority; and (d) lands, if any, to be included in the proposed forest, which the Forest Settlement Officer has under Sec. 11 elected to acquire under the Land Acquisition Act, 1894 (1 of 1894) have become vested in the State Government under Section 16 of that Act. the State Government may publish a notification specifying according to boundary marks erect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rissa, 132 (2021) CLT 927. 16. The affidavit filed on behalf of opposite party no. 6 clearly indicates that a notification was issued by the Government in Revenue Department on 28.01.1980 in exercise of powers conferred under Section-4 of the Orissa Forest Act, 1972 declaring that it has been proposed to constitute as reserved forest lands of Mauza-Langposh Baliturei of Bamra Forest Division of Kuchinda Tahasil in the district of Sambalpur. Though details of the boundary description of the land has been mentioned and in exercise of powers under Section 4, the State Government has appointed the Forest Settlement Officer, Sambalpur to enquire into and determine the existence, nature and extent of any rights or privileges claimed by or alleged to exist in favour of any person in or over the lands comprised within the limits specified above or in or over any forest produce to be found thereon and to deal with the same as provided in Chapter-II of the said Act, but no proclamation has been issued till date by the Forest Settlement Officer in compliance of Section-4 of the Act itself nor any inquiry has been conducted by him as per Section-7 of the said Act. Mere issuance of notification ..... X X X X Extracts X X X X X X X X Extracts X X X X
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