Allowed

Rabindra Pradhan v. State of Odisha Representated by Chief Secretary Government of Odisha

NGT4 Feb 2025Original Application No. 114/2024

Case brief

AI extract

What is this about?

In an original application alleging illegal tree cutting and construction on forest land for a Gram Panchayat Office, the Tribunal reviewed findings that no Forest Conservation Act approval existed for Plot No. 1793. The Court ordered the demolition of the illegal structure.

What did the court decide?

Demolition of the illegal structure on Plot No. 1793, clearance of debris, and restoration of land to original form within one month.

Rabindra Pradhan vs State of Odisha Representated by… — Civil Procedure and Limitation | NGT (2025)

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Item No.09

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.114/2024/EZ

Rabindra Pradhan

Applicant(s)

Versus

State of Odisha and Ors.

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Respondent(s)

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Date of hearing: 04.02.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Akhand, Adv. (in Virtual Mode)

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For Respondent(s) : Mr. Satyabrata Mohanty, AGA for State of Odisha

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(in Virtual Mode),

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Mr. Dipanjan Ghosh, Adv. for R-7, Ms. Rashhmi Singhee, Adv. for R-9 (in Virtual Mode),

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Mr. Sourav Kumar Palai, Adv. a/w

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Mr. Kabiraj Pradhan, Adv. (in Virtual Mode) for R-10 to 12

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ORDER

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Mr. Akhand, learned Counsel is present (in Virtual Mode) on behalf of the

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Applicant.

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Mr. Satyabrata Mohanty, learned Additional Government Advocate is present (in Virtual Mode) on behalf of the State Respondents, State of Odisha. We observe that his name was also mentioned in the earlier order of the Tribunal dated 27.11.2024 but his name is not reflected in the cause list. The Office of the Tribunal is warned to be careful in future.

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(Final order of the said case will be uploaded in NGT website by

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separate sheets of paper).

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..................................... B. Amit Sthalekar, JM

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Dr. Arun Kumar Verma, EM

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February 04, 2025, Original Application No.114/2024/EZ SKB

Item No.09

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.114/2024/EZ

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In the matter of: Rabindra Pradhan Aged about 50 years, S/o Biswanath Pradhan, At/Po – Jhadapada, PS – Chandapur, Dist. – Nayagarh, Odisha

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…. Applicant(s)

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Versus

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1. State of Odisha

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Represented by Chief Secretary, Government of Odisha, Lokseva Bhawan, Bhubaneswar, Odisha;

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2. Additional Chief Secretary

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Forest, Environment and Climate Change Department, Government of Odisha, Kharvel Bhawan, Bhubaneswar, Odisha – 751001;

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3. Principal Secretary

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Department of Revenue and Disaster Management, Government of Odisha, Secretariat Building, Bhubaneswar, Odisha – 751001;

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4. Collector & District Magistrate

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Nayagarh, At/Po - Nayagarh, Odisha – 752069;

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5. Superintendent of Police Nayagarh, At/Po - Nayagarh, Odisha – 752069;

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6. Divisional Forest Officer, Khurdha, At/Po/Dist – Khordha, Odisha – 752055;

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7. Member Secretary

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Odisha Pollution Control Board, A-118, Unit – VII, Nilakantha Nagar, Bhubaneswar, Odisha – 751012;

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8. Tahasildar, Ranpur

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At/Po - Ranpur, Dist - Nayagarh, Odisha – 752026;

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9. Secretary

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Ministry of Environment, Forests & Climate Change, Govt. of India, Indira Paryavaran Bhawan, Jorbagh, New Delhi – 110003;

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10. Jhadapada Gram Panchayat Represented through its Panchayat Executive Officer (PEO), Village/Po – Jhadapada, P.S. - Chandpur, Dist - Nayagarh, Odisha – 752025;

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11. Souribandhu Sahoo

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Aged about 43 years, S/o Late Benudhar Sahoo, Sarpanch, Jhadapada Gram Panchayat, At - Jhadapada, PS – Chandapur, Dist. – Nayagarh, Odisha – 752025;

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12. Nityananda Jena Aged about 66 years, S/o Late Baban Jena, At – Jhadapada (Balarampur Sahi), Po - Jhadapada, PS -Chandapur, Dist. – Nayagarh, Odisha – 752025

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…. Respondent(s)

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Date of hearing: 04.02.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Akhand, Adv. (in Virtual Mode)

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For Respondent(s) : Mr. Satyabrata Mohanty, AGA for State of Odisha

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(in Virtual Mode), Mr. Dipanjan Ghosh, Adv. for R-7, Ms. Rashhmi Singhee, Adv. for R-9 (in Virtual Mode),

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Mr. Sourav Kumar Palai, Adv. a/w

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Mr. Kabiraj Pradhan, Adv. (in Virtual Mode) for R-10 to 12

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ORDER

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Mr. Akhand, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.

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The allegation in the present Original Application involves tree cutting and illegal construction of building and occupation of forest land on Khata No.387, Plot No.1793, Area Ac. 1.70 dec. in Jhadapada Mouza under Ranapur Tahasil in the District of Nayagar, Odisha by Respondent Nos.10, 11 and 12.

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It is alleged that Respondent No.12 has already cleared all the trees from the land and constructed a one room pucca building over it; since 2017 the Respondent No.10 i.e. Jhadapada Gram Panchayat has been using it as his office violating all the environmental norms; the Respondent Nos.10, 11 and 12 have jointly started foundation works for construction of a new building of area 1200 square feet over the said land since April, 2024 without requisite approval.

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The Applicant has appended photographs of the previous constructed house and foundation works for new construction as Annexure-3. A copy of the Record of Rights (ROR) of Khata 387, Plot No.1793 in Jhadapada Mouza under Ranapur Tahasil has also been enclosed as Annexure-1.

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The Applicant has also referred to Writ Petition (C) No.20308 of 2021 in the High Court of Orissa at Cuttack in which the Hon’ble High Court of Orissa has passed the order dated 30.07.2021.

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The judgment and order of the Hon’ble High Court of Orissa at Cuttack dated 30.07.2021 passed in W.P. (C) No.20308/2021, Jharpada Grama Panchayat vs. State of Odisha and Ors., reads as under:-

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“ORDER 30.07.2021

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1. This matter is taken up by video conferencing mode.

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2. Heard Mr. Nepoleon Sahani, learned counsel for the Petitioner and Mr. P.P. Mohanty, learned Addl. Government Advocate for the State.

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3. In this Writ Petition the Petitioner has challenged the order dated 26.2.2021 passed by the Sub-Collector, Nayagarh in Lease Appeal Case No.10/2020 rejecting the appeal filed by the Petitioner, who is a Sarpanch, Jharpada Grama Panchayat, to settle a peace of land in its favour for construction of the Grama Panchayat Office. However, it is seen from the record that the said petition has been rejected only on the ground that the land sought to be settled in favour of the Petitioner are recorded as Jungle in Sabik Settlement as per the Letter of the Chief Secretary No.4822/CS dated 12^th February, 2015 any land recorded as Jungle in Sabik Settlement cannot be settled in favour of any person or institution without appropriate permission of the Forest Conservation and Disaster Management Department, Odisha. So prima facie the orders passed by the Sub-Collector does not suffer from any infirmity. We do not find any merit in the Writ Petition to issue notice. The Petitioner may file an appropriate application before the Collector, Nayagarh identifying another suitable land for construction of the Grama Panchayat.

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4. The Writ Petition is accordingly dismissed.

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5. As the restrictions due to resurgence of COVID-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation with seal by the concerned advocate Mr. Nepoleon Sahani, learned counsel for the Petitioner, or Mr. P.P. Mohanty, learned Addl. Government Advocate for the State, in the manner prescribed vide Court’s Notice No.4587 dated 25^th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.”

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The stand of the Respondent No.6, Divisional Forest Officer, Khordha, in his affidavit dated 19.09.2024 is that the Kissam of the land i.e. Khata No.387, Plot No.1793, area 1.70 Ac. in Jhadapada Mouza under Ranpur Tahasil of Nayagardh District is Chhota Jungle and no diversion proposal has been received from any corner for sanction under the Forest (Conservation) Act, 1980. It is further disclosed that the Sarpanch, Jhadapada Gram Panchayat has applied for sanction of a piece of land for construction of Community Centre and Fair Price Shop of Jhadapada Mouza of Ranpur Block of Nayagarh District under Section 3 (2) of Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter referred to as ‘Act, 2006’) on the following plots on 24.01.2024:-

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*Record*	*Year* *Settlem*	of *ent*	*Plot* *No.*	*Khata* *No.*	*Kisaam*	*Mouza*
Sabik	Prior	to	1005	192	Chhota
	1988				Jungle	Jhadapada
Hal	1998		1795	387	Patita

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It is stated that necessary permission has been granted by the Divisional Forest Officer for diversion of 0.488 Ha. of forest land for construction of Community Centre and Fair Price Shop of Jhadapada Mouza of Ranpur Block under Nayagarh District under Section 3 (2) of the Act, 2006. It is stated that permission was granted for “Community Centre” and “Fair Price Shop” only on Plot No.1795 and not for Gram Panchayat Office over Plot No.1793. Copy of the order of the Divisional Forest Officer, Khordha Division, Khordha dated 15.02.2024 (page no.48 and 49 of the paper book) reads as under:-

“To,

The Sarapanch,

Jhadapada Gram Panchayat

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Sub: Grant of Permission of diversion of 0.488 Ha./Ac.1.220 of forest land for construction of community center and fair price shop of Jhadapada mouza of Ranpur block, Nayagarh district under Section-3 (2) of Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

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Ref: Your Office Letter No.54 dated 24.01.2024.

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Sir,

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A proposal for diversion of forest land for diversion of forest land under Section-3 (2) of Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 for construction of community center and fair price shop for the public utility in the Hall-Khata no.387, Plot no.1795, kisam-Patita and Sabik Khata no.192, Plot no.1005 of Kisam-Chhota jungle in Athakahani Mundia of Jhadapada mouza, GP-Jhadapada of Ranpur block in Nayagarh district was received by this office on dated 25.01.2024. This area of 0.488 Ha./Ac. 1.220 is coming under Athakahani Mundia of Jhadapada mouza. The concerned Gram Sabha has passed a resolution in favour of the project on dated 15.08.2023. The Range Officer, Ranpur has examined & scrutinized the project for its eligibility as per the guidelines prescribed by Govt. of India, Ministry of Tribal Affairs vide their letter No.23011/15/2008-SG-II dtd. 18.05.2009.

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Keeping in view the above circumstances, the project proposal is approved & permission is hereby accorded in favour of the Sarapanch, Jhadapada Gram Panchayat necessarily (herein referred to as User Agency) subject to fulfillment of the following conditions.

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1. The Status of the land shall remain unchanged.

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2. The Forest land allowed for diversion of forest land for construction of community center and fair price shop

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for the public utility in the middle place of the Gram Panchayat i.e. Hall-Khata no.387, Plot no.1795, kisam-Patita and Sabik Khata no.192, Plot no.1005 of Kisam-Chhota jungle in Athakahani Mundia of Jhadapadamouza, GP-Jhadapada of Ranpur block under Nayagarh district shall not be used for any other purposes.

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3. Area shall be demarcated by you in the field and after demarcation the existing forest land should be improved by the User Agency under supervision of Gram Sabha/Palli Sabha.

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4. No trees are found to be felled.

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5. No trees are to be trimmed during construction of community center and fair price shop for the public utility in the middle place of the Gram Panchayat i.e. Hall-Khata no.387, Plot no.1795, kisam-Patita and Sabik Khata no.192, Plot no.1005 of Kisam-Chhota jungle in Athakahani Mundia of Jhadapada mouza, GP-Jhadapada of Ranpur block under Nayagarh district as per the proposal approved.

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6. No crushing/breaking of stones shall be allowed inside forest areas. Materials shall be procured from authorized source for use in the project.

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7. No labour camps shall be established on the forest land.

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8. No work shall be allowed after sunset.

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9. The implementation for diversion of forest land for construction of community center and fair price shop for the public utility in the middle place of the Gram Panchayat i.e. Hall-Khata no.387, Plot no.1795, kisam-Patita and Sabik Khata no.192, Plot no.1005 of Kisam-Chhota jungle in Athakahani Mundia of Jhadapada mouza, GP-Jhadapada of Ranpur block

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under Nayagarh district shall not obstruct natural flow of water.

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10. The User Agency shall be responsible for any loss to the flora/fauna in the surroundings & therefore shall take all possible measures to conserve the same. Any damage done in this regard shall be compensated by the User Agency within the project cost as per the assessment of the DFO, Khordha.

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An undertaking by the User Agency is required to be submitted in the office of the Range Officer, Ranpur before execution of work of the approved project.

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It is stated that the fact-finding Committee constituted by this Tribunal inspected the site on 02.07.2024 and it was found that a room exists over the aforesaid land which is approximately 489 sq. ft. and Jhadapada Gram Panchayat Office is functioning there temporarily as informed by the Sarpanch, Jhadapada and other villagers. It is also stated that the Tahasildar, Ranpur, initiated an Orissa Prevention of Land Encroachment (OPLE) Case bearing No.293/2020-21 against the encroacher Sri Nityananda Jena, Respondent No.12 herein, for unauthorized encroachment of Government Land. It is stated that the site did not show existence of dense growth of forest species on remaining area of the plot beyond the building in question except that a few trees existed sporadically here and there. It is, however, stated that the villagers informed that the Respondent No.12 had constructed the building on behalf of the villagers utilizing the village common fund for running the village library-Nilakantheswar Pathagara. It is stated that since the Gram Panchayat did not have its own building, therefore, a decision was taken on 27.01.2023 in the Gram Sabha to temporarily shift the Gram Panchayat Office from the village

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Community Hall (Kothaghara) to the building situated on Plot No.1793.

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It is stated that the Sarpanch of Jhadapada Gram Panchayat submitted an application to the Tahasildar, Ranpur, for alienation of a portion of the plot for construction of the Gram Panchayat building which was rejected by the Tahasildar, Ranpur. It is stated that in the Records of Rights (ROR) the land has been described as Kissam Sabik Chhota Jungle and, therefore, the land could not be alienated for non-forest use. Aggrieved the Sarpanch preferred appeal before the Sub-Collector, Nayagarh which was also rejected whereupon the Sarpanch filed a W.P. (C) No.2308/2021 which has also been dismissed by the Hon’ble High Court.

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The affidavit further discloses that the Committee found that the land on Plot No.1795 had been leveled over an area of approximately 2000 sq. ft. but no valuable trees were cut down during land leveling; satellite images from 2022 also do not show that trees have been felled in the past two years; in the adjacent area of the alleged Plot No.1795 there are bushy plants of different species/varieties; it was explained that the land has been leveled for construction of Community Centre and Fair Price Shop of the Gram Panchayat over 0.488 Ha. of land after obtaining permission from the Divisional Forest Officer, Khordha.

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The stand of the Collector & District Magistrate, Nayagarh is similar to that of the Divisional Forest Officer, Nayagarh and it is stated that the building where the Gram Panchayat Office is running temporarily was constructed in the year 2017; the Gram Panchayat Office is functioning in the said building free of rent and no Government Fund or Gram Panchayat Fund has been utilized

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for construction of the building as informed by the Panchayat Extension Officer, Jhadapada. Along with the affidavit, a Joint Inspection Report has been filed which reads as under:-

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“ COMMITTEE REPORT OF JOINT VERIFICATION IN O.A. NO.114/2024 FILED BY RABINDRA PRADHAN -VRS- STATE OF ODISHA & OTHERS

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The Hon’ble NGT have ordered to constitute a committee comprising of the following members and that the committee shall visit the site in question and submit it’s report on affidavit within four weeks with regard to the allegation made in Original Application No. 114/2024.

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i. District Magistrate, Nayagarh or his representative not below the rank of Addl. District Magistrate, Nayagarh.

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ii. Divisional Forest Officer, Khurda or his representative not below the rank of Asst. Conservator of Forests.

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iii. Senior Scientist, Odisha State Pollution Control Board, Berhampur

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As per direction of the Hon’ble NGT, Collector, Nayagarh being the Nodal Officer in this case constituted the committee taking the following members (1) A.D.M. (Revenue), Nayagarh, the representative of Collector, Nayagarh (2) Asst. Conservator of Forest, the representative of DFO, Khurda (3) Regional Officer, State Pollution Control Board, Berhampur, the representative of Senior Scientist, OSPC Board.

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The Committee members proceeded to the spot on 02.07.2024. The Committee instructed the Tahasildar, the Revenue Supervisor (R.S.) and the Revenue Inspector (R.I.) of the circle to remain at the spot for inquiry. The Sarapancha,

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Jhadapada Grama Panchayat (G.P.) and the Panchayat Extension Officer (P.E.O.) were also intimated to remain present at the time of enquiry. All of them remained present. Also, the Range Officer, Ranpur, Forest Range remained present. Some villagers of Jhadapada participated in the enquiry suo motu.

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The allegations are follows:-

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*Sl.* *No.*	*Issue*	*Present status*
1.	Sri Nityananda Jena of	The Committee found
	Jhadapada, Respondent	after verification of
	No.12, has illegally	land records and map
	constructed one room	of the village that on
	building by cutting the trees	Plot No.1793 a one
	from forest land on Plot	room building exists,
	No.1793, Area Ac. 1.70 in	the area of which is
	Khata No.387 of Jhadapada	approximately 489
	Mouza under Ranpur	sqft. At present the
	Tahasil.	G.P. Office Jhadapada
		is functioning there
		temporarily as stated
		by the Sarapancha,
		Jhadapada and
		villagers. The Plot
		No.1793 measuring
		an area of Ac.1.70
		under hal A.J.A.
		Khata No.387 of
		Kissam-Patita of
		village- Jhadapada
		corresponds to sabik
		No.1005 with Kissam-
		Chhota jungle and
		hence it attracts the
		provision of Forest
		Conservation Act,

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1980. The Tahasildar,
Ranpur stated that
OPLE case bearing
No.293/2020-21 has
been initiated against
the encroacher Sri
Nityanada Jena for
this unauthorized
encroachment. The assessment and
penalty has been
levied and eviction
order in Form No.
“Kha” has been
issued. Till date, the
encroacher has not
vacated the land and
eviction has also not
also been carried out.
As the building is not
a new one and has
been constructed a
few years back, the
Committee could not
ascertain whether tree
felling has taken place
or not. The Committee
also did not find the
existence of dense
growth of forest
species on remaining
area of plots beyond
this building except
that a few trees exist
sporadically here and there.
It was stated by

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		village gentries that
		Sri Nityananda Jena has constructed the building on behalf of the villagers utilizing the village common fund for running the village library- “Nilekantheswar Pathagar”.
2.	Since 2017, the Respondent No. 10 (Sarapancha,	It was admitted by Sarapancha,
	Jhadapada G.P.) is using	Jhadapada G.P. that
	the building as G.P. office	the G.P. building is
	violating all the	functioning temporarily
	environmental norms which	on the above stated
	is also illegal act on the part	one room building
	of the Panchayat Officials.	existing on Plot
		No.1793. Further, it was stated by most of the villagers, the P.E.O.
		and the Sarapancha
		that originally Jhadapada G.P. was
		part of Mayurjhalia
		G.P. Subsequently, the
		Govt. decided to
		constitute the new
		Jhadapada G.P.
		comprising of village Jhadapada and
		Bokakhai which also
		has a separate hamlet namely Kanchanpur as
		is called by the local
		people. Sri Nityananda
		Jena (Respondent No.

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12) as representative of
the villagers, has
constructed the
building on Plot
No.1793 for the
purpose of village
Library by utilizing
village funds for the
sake of common
interest. As the G.P. is
a new one and it does
not have yet its own
building due to non
finalization of land, a
special Grama Sabha
had been convened
under the
chairmanship of the
Sarapancha on
27.01.2023, where
decision was taken to
temporarily shift G.P.
office from the village
community hall
(Kothaghara) where
minimum facilities such
as toilet were not
available and the
general public were
facing hardship due to
space constraints, to
this building on Plot No.
1793. They thus
shifted the G.P. office to
the present building
which was constructed
for the village library in

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		the name of “Nilakantheswar
		Pathagara”. Hence, it
		was found that the
		Sarapancha has no
		role for construction of
		the building on Plot
		No.1793 where the
		G.P. office is functioning now. It was also confirmed by the
		P.E.O. of the said G.P. that the G.P. building is functioning in the said building free of rent and no Govt. fund or G.P. funds have been utilized for construction of the building.
3.	The Respondent No.10, 11 & 12 Sarapancha, Jhadapada	The Committee did not find construction of
	G.P; P.E.O., Jhadapada G.P.	plinth over an area of
	& Nityananda Jena) have	1200 sqft. on Plot
	jointly started foundation	No.1795 by cutting
	work by clearing the trees	down the trees.
	for construction of a new	However, it was found
	Panchayat building	that land leveling on
	measuring an area of 1200	an area of
	square feet on Plot No.1795,	approximately 2000
	Area Ac.1.22, under Khata	sqft. has been made
	No.387 of village-	on the plot. No
	Jhadapada, the kissam of	valuable trees were
	which was also Jungle,	noted to be cut down
	without requisite approval	at the time of land
	under Section 2 of Forest	leveling. The satellite
	Conservation Act, 1980.	image from 2022 of the same area also

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supported the fact
that trees have not
been felled during
past 2 years. It was
seen that in the
adjacent area of the
alleged plot No. 1795
there are bushy plants
of different varieties
still available. In this
regard, the
Sarapancha and the
P.E.O. explained that
they have leveled the
land for construction
of community centre
and fair price shop of
the G.P. in 0.488
hectare after obtaining permission from the
D.F.O., Khurda vide
letter No.1143 dtd.
15.02.2024. Copy of
the said order is
attached as Annexure- A.
However, before
giving permission, the
D.F.O. had instructed
for site inspection and
this report submitted
to D.F.O. Office
revealed that no trees
were present in the
proposed area. Copy
of Satellite image of
alleged area where

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the D.F.O., Khordha
allowed for
construction of
Community Hall and
Fair Price Shop is
attached as Annexure- B.
On verification of land
records, it was seen
that hal Plot No.1795
measuring an area of
Ac.1.22 with Kissam-
Patita under hal A.J.A.
Khata No. 387 of
village Jhadapada corresponds to sabik
Plot No. 1005 with
kissam- Chhota jungle. Since the sabik
kissam of the land
was Chhota jungle,
any change for non-
forest purpose also
attracts the provision
of the Forest
Conservation Act,
1980. The
Sarapancha
Jhadapada G.P.
stated that at the time
of creation of
Jhadapada G.P. from
the mother G.P.
Mayurjhalia, the
inhabitants of the
related village had
agreed to have the

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G.P. headquarter in
the central place and
accordingly they had
decided unanimously
to construct their G.P.
building on Plot
No.1795, as it is
situated in the bi-
junction of both the
villages. It was found
that the Sarapancha
has obtained
permission under FR
Act, 2006 from the
D.F.O., Khurda for
construction of community centre and fair price shop on part
of the plot No. 1795
vide letter No. 1143
dt. 15.02.2024.
Accordingly, they have
made land leveling
only on a small
portion of the plot
without cutting any
trees but have not
gone ahead with any
foundation or
construction activities.
To mention here, the
Sarapancha had
submitted an
application to
Tahasildar, Ranpur
for alienation of a
portion of the plot for

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construction of the
G.P. building which
was rejected by the
Tahasildar, Ranpur
intimating to the
Sarapancha that since
RoR has been
published after Forest
Conservation Act,
1980 came into force,
the sabik kisam of the
plot was verified and
found Chhota jungle,
so it can not be
alienated for non-
forest use. The
Sarapancha preferred
appeal before Sub-
Collector, Nayagarh
where the Sub-
Collector upheld the
decision of
Tahasildar. Then the
Sarapancha filed a
writ vide W.P. (C)
No.2308/2021 which
was also dismissed
and the order of lower
court was confirmed.
The Hon’ble High
Court suggested Sarapancha
Jhadapada G.P. to file
an application before
Collector, Nayagarh
identifying another
suitable land for

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construction of G.P.
building. The land
plan prepared by the
Tahasildar, Ranpur is
enclosed herewith as
Annexure-C for better
appreciation of the
matter.

¶146

The Respondent Nos.10, 11 & 12, have filed their affidavit dated 28.09.2024 and it is stated that the Respondent No.10 is the Panchayat Executive Officer of the Gram Panchayat under Ranpur Block and Respondent No.11 is the Secretary of the Nilakantheswar Dev Pathagar (Library), Jhadapada. It is also stated that against the judgment and order of the Hon’ble High Court of Orissa dated 30.07.2021, RVWPET No.188/2021 has been filed which is still pending.

¶147

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

¶148

From the Joint Inspection Report and affidavit of the Divisional Forest Officer, Khordha and the Collector & District Magistrate, Nayagarh, it is established that permission for construction was granted in respect of Plot No.1795 only, and not Plot No.1793, for construction of Community Centre and Fair Price Shop by the Divisional Forest Officer in exercise of powers under Section 3 (2) of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. This permission has been granted for diversion of 0.488 Ha. of forest land. No permission was granted for opening or operating Gram Panchayat Office over Plot No.1793. The facts are confirmed in the Joint Inspection Report

¶149

¶150

prepared after site inspection by the fact-finding Committee Constituted by this Tribunal.

¶151

The Hon’ble High Court of Orissa by its order dated 30.07.2021 on a Writ Petition filed by the Jharapada Grama Panchayat, has dismissed the said Writ Petition observing that the land sought to be settled in favour of the petitioner i.e. Jharapada Grama Panchayat was recorded as Jungle in Sabik Settlement as per letter of the Chief Secretary No.4822/CS dated 12^th February, 2015 and any land recorded as Jungle in Sabik Settlement cannot be settled in favour of a person or institution without appropriate permission of under Forest (Conservation) Act, 1980.

¶152

We, therefore, dispose of this Original Application with a direction to the Collector & District Magistrate, Nayagarh, to demolish the illegal structure standing on the land in question i.e. Plot No.1793, Khata No.387 and to clear the land of all structures and debris as may be standing thereon within a period of one month hereof and restore the land to its original forum.

¶153

I.As. if any, stand disposed of accordingly.

¶154

There shall be no order as to costs.

¶155

..................................... B. Amit Sthalekar, JM

¶156

….......................................... Dr. Arun Kumar Verma, EM

¶157

February 04, 2025, Original Application No.114/2024/EZ MN

¶158

Rabindra Pradhan v. State of Odisha Representated by Chief Secretary Government of Odisha

Case brief

What is this about?

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Rabindra Pradhan v. State of Odisha Representated by Chief Secretary Government of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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