Single judge disposed of a writ petition concerning tree plantation rights under a Joint Management Plan, directing respondents to redress the grievance in accordance with law without expressing an opinion on merits.
Direction to Opposite Parties to redress the grievance of the Petitioners and take a decision in the matter in accordance with law.
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W.P.(C) NO. 820 OF 2021
This matter is taken up through video conferencing
mode.
Heard Mr. Niranjan Panda, learned counsel for the Petitioners and Mr. S.N. Mishra, learned Addl. Government Advocate for the State-Opposite Parties.
The Petitioners in this writ petition pray for a direction to the Opposite Parties to allow them for plantation of trees over Khata No. 546 of mouza Gadajhinkiria under Nimapara Tahasil in the district of Puri pursuant to the Joint Management Plan finalized between the parties under the Orissa Social Forestry Project for development of the forest in the village.
A counter affidavit has been filed by the Opposite Party Nos. 2 and 4 stating therein at paragraph-14 that the plantation has already been handed over to the Village Forest Committee as per the prevailing Rules, which was in force. After the plantation is over and the area to be notified as ‘protected forest’, which is not within the jurisdiction of Opposite Party Nos. 2 and 4, the villagers can be allowed for afforestation under JFM resolution in force by consultation with VSS and after receiving funds from the Government.
Taking into consideration the submissions of learned counsel for the parties, this Court is of the considered opinion that the authority should take steps to redress the grievance of the Petitioners in accordance with law keeping in mind the averments made in paragraph-14 of the counter affidavit. Accordingly, this writ petition is disposed of with a direction
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to the Opposite Parties to redress the grievance of the Petitioners and take a decision in the matter in accordance with law keeping in mind the averments made in paragraph14 of the counter affidavit.
It is made clear that this Court has not expressed any opinion on the merits of the case of the Petitioners.
As the restrictions due to resurgence of COVID-19 situation 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 by the concerned Advocate, in the manner prescribed vide Court’s Notice No. 4587 dated 25th March, 2020 as modified by Court’s Notice No. 4798 dated 15th April, 2021.
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K.R. Mohapatra, J.
bks
Petitioners
State-Opposite Parties
K.R. Mohapatra
As recorded by the court registry
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