Disposed

Bharat Ch. Nayak v. State of Odisha

Orissa HC18 Sept 2024WP(C)/20772/2024

Case brief

AI extract

What is this about?

Petitioners challenged eviction of encroachers from reserve forest land. Court noted encroachers reside for generations with no recent tree felling. Directed encroachers to approach District Administration for rights under the 2006 Act. Writ petition disposed.

What did the court decide?

Encroachers directed to approach District Administration for patta under the Forest Rights Act, 2006; Writ Petition disposed.

Bharat Ch. Nayak Vs State of Odisha — Environment and Pollution | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 20772 of 2024

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Bharat Ch. Nayak & Ors. ..…... Petitioner(s)

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Mr. Sarada Prasad Dash, Adv.

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-Versus-

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State of Odisha & Ors. ………. Opposite Parties

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Mr. Ch. S. Mishra, AGA Mr. Soumya Mishra, Adv. Intervenor

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

18.09.2024

Order No.

I.A. No.____of 2024

This matter is taken up through a hybrid arrangement.

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Heard.

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Mr. Soumya Mishra, learned counsel for the Intervenor files this Interim Application in Court today. The same be registered and numbered accordingly.

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This is an application to implead the intervenor as a party to the Writ Petition.

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Considering the submissions and averments made in this I.A.,

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Signature Not Verifiedthis Court is of the opinion that the aforesaid party is necessary

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Digitally Signed

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Signed by: LITARAM MURMU Designation: Personal Assistant party for proper and effective adjudication of the case. Hence, Reason: Authentication Location: High Court of Orissa Cuttack Date: 19-Sep-2024 19:48:30 prayer made in this I.A. is allowed.

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The I.A. is accordingly disposed of.

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W.P.(C) No.20772 of 2024

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Heard learned counsel for the parties.

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In this Writ Petition, the Petitioners have challenged the action of the Opposite Party No.4/Divisional Forest Officer, Karanjia Forest Division in not taking any action to evict the encroachers, who have illegally constructed their residential houses over the Reserved Forrest land.

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Pursuant to the order dated 31.08.2024 passed by this Court, the Divisional Forest Officer, Karanjia has filed a detail report regarding the forest clearance by the encroachers in Panpatria Reserve Forest. As per the said report, the Assistant Conservator of Forests, Karanjia Forest Division has given the details of the encroaching families residing over the forest land along with the GPS locations of their houses. He further stated that as all encroacher families have been residing over the land in question for a considerable period, spanning at least one generation and have constructed permanent houses. The encroachers were unable to produce any Record of Rights (ROR), Forest rights, or any other form of legal documentation for their respective Signature Not Verifiedplaces of residence. Although some individuals have presented Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication their RORs, the plots mentioned therein do not correspond to Location: High Court of Orissa Cuttack Date: 19-Sep-2024 19:48:30 the locations where they are currently residing. Most of the

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encroachers are belonging to the Schedule Tribe. He further observed that there are some half-constructed concrete houses, which have been received under different Scheme of the Government i.e. Indira Awas Yojana, Biju Pakkaghara Yojana and other similar Schemes. However, he has made clear that during his inspection, not a single tree has been felling recently and not even a single stump. However, the houses in which the encroachers are residing are all located within the Panpatria Reserve Forest and are situated closing to the village road. The half-constructed houses are in proximity to their existing residences. Hence, the grievance made by the Petitioners regarding the felling of tree is unfounded and has been done in a motivated manner.

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Mr. Soumya Mishra, learned counsel appearing for the intervenor/encroachers submits that the encroachers have been residing there for such a long time and they are not at all harming the forest in any way. Rather, they are residing in symbiotic manner without disturbing the ecological balance of the environment. He further submits that the State Government should take steps to grant patta under the Schedule Tribes and Signature Not VerifiedOther Traditional Forest Dwellers (Recognition of Forest Rights) Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Act, 2006. He further submits that since the reserved forest is Reason: Authentication Location: High Court of Orissa Cuttack Date: 19-Sep-2024 19:48:30 also included under the definition of forest, hence, the State

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Government should take proactive measure to issue patta to the encroachers in consultation with the Union of India.

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In such view of the matter, the encroachers are directed to approach the District Administration by way of an application under the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. In such event, the District Administration shall consider the application to be filed by the encroachers in accordance with law.

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Accordingly, this Writ Petition is disposed of.

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( Dr. S.K. Panigrahi)

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Judge

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Murmu

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 19-Sep-2024 19:48:30

Bharat Ch. Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bharat Ch. Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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