Dismissed

Dambarudhar Pujhari v. State of Odisha

Orissa HC10 Dec 2019WP(C)/10251/2019

Case brief

AI extract

What is this about?

Petitioners sought directions for restoration of Scheduled land and compensation regarding an Ayurvedic Garden alleged to be constructed illegally by the Forest Department. The court noted the proposed Vanaspati Vana Project was closed in 2004 following the T.Godavarman judgment rendering the matter moot.

What did the court decide?

No relief granted as the project was closed in 2004 following T.Godavarman judgment; petition disposed of.

Dambarudhar Pujhari Vs State of Odisha — Land Acquisition | Orissa HC (2019)

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W.P.(C) No. 10251 of 2019

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07. 10.12.2019 Heard learned counsel for the petitioners and learned Addl. Government Advocate.

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Petitioners in this writ petition seek for a direction to the opposite parties to either restore the possession of the land and to take steps for payment of just and adequate compensation to the petitioners at the present market rate within a stipulated period under the provisions of 2013 Act.

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Learned counsel for the petitioners contended that petitioners are owners of the scheduled land situated at MouzaNuapalli situated near Harishankar under Khaprakhol Police Station in the district of Balangir. The Department of Forest and Environment, Government of Odisha is in possession of the scheduled land since many years over which an Ayurvedic/Herbal Garden has been constructed illegally. Despite of their demands, no compensation has been given to the petitioners. Hence the present writ petition.

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A counter affidavit filed by opposite party No.5 who is at present working as Assistant conservator of Forests, Bolangir Division. In the said counter affidavit it was categorically stated that the Gandhamardhan hill range spreads over two revenue districts namely Boalngir and Bargarh. The Gandhamardhan hill range is notified as Reserve Forest vide Government Notification No. 17307/D dated 17.11.1955. It was proposed to take up Vanaspati Vana Project in Gandhamardhan RF both in Bolangir and Bargarh districts. The project area of Bolangir district comes within the territorial jurisdiction of Bolangir West Division and of Bargarh comes under Bargarh Forest Division. The Gandhamardhan forest block comprises of hilly and undulating area. People of this area depend on the forest block and use the medicinal flora of this block traditionally in their day-to-day

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primary health care. It was proposed to protect, preserve and propagate the medicinal species of Gandhamardan RF to boost the socioeconomic condition of the rural people inhabiting around the fringe of Gandhamardhan hills. Accordingly, an ambitious project i.e. Vanaspati Vana Project was approved by Government of India to protect, preserve and propagate the existing flora mainly of medicinal species in Gandhamardan RF. It was further stated that as per the decision taken in the meeting, 3 ha of area will be demarcated for creation of demonstration nursery and 1 ha of area for Herbal Garden in Khata No. 43, Plot No. 427 of Nuapali Mouza. As per the resolution, the status of the above plot comes under Patra jungle kissam.

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A decision has been taken by the Government not to take up the matter as proposed earlier. The status of the above plots comes under Patra jungle kissam and after joint verification the project was closed since 2004 as per the decision of the Apex Court in T.Godavarman Case No. 202 of 1995 under the Forest (Conservation) Act, 1980. Since the project was closed and there is no chance of compensation, the writ petition is disposed of.

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……………… S. Panda, J

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S.K.Sahoo, J

Dambarudhar Pujhari v. State of Odisha

Case brief

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Dambarudhar Pujhari v. State of Odisha

Case brief

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