Kishore Chandra Behera Vs State of Odisha

Signature Not Verified

Digitally Signed

Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA C UTTA CK Date: 06-May-2024 19:08:27

¶4

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶5

W.P.(C) No.6924 of 2024

¶6

Kishore Chandra Behera

¶7

.... Petitioner

¶8

Mr. Rudra Narayan Parija, Advocate

¶9

-versus-

¶10

State of Odisha and others

¶11

…. Opp. Parties

¶12

Mr. Debendra Kumar Mohanty, Additional Standing Counsel

¶13

CORAM:

¶14

Order No.

¶15

JUSTICE K.R. MOHAPATRA ORDER 01.05.2024

¶16

¶17

This matter is taken up through hybrid mode.

¶18

Petitioner in this writ petition seeks to assail letter No.8193 dated 6^th December, 2023 (Annexure-1) issued by the Divisional Forest Officer, (DFO), Rairakhol Forest DivisionOpposite Party No.2 intimating the Petitioner about refusal to grant TT permit to him for cutting and removal of trees standing over his recorded land.

¶19

Mr. Parija, learned counsel for the Petitioner submits that Plot Nos.32 and 76 under Khata No.36 and Plot No.77 under Khata No.59 of mouza Kolhamalia under Rairakhol tahasil stand recorded in the name of the Petitioner and Plot No.519 under Khata No.36 of Kolhamalia mouza stands recorded in the name of brother of the Petitioner, namely, Pabitra Behera. Petitioner applied for TT permit in respect of trees standing over the aforesaid plots. Said application was rejected on the basis of the guidelines for removal of standing trees over private Plot vide

¶20

Page 1 of 6

¶21

Signature Not Verified

¶22

Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA C UTTA CK Date: 06-May-2024 19:08:27

¶23

// 2 //

¶24

Notification No.10346/10F(TR)-38/2019/F&E dated 29^th May, 2019 of Government of Odisha in Forest and Environment Department, wherein, it is clarified that natural trees not planted by people should not be allowed to be cut in private land.

¶25

3.1 Mr. Parija, learned counsel further submits that the aforesaid notification has already been withdrawn by the State government in the meantime. Basing upon the affidavit filed by the Forest Department disclosing decision of the Government to withdraw the Notification dated 29^th May, 2019, this Court disposed of W.P.(C) No.635 of 2020 ( Hara Podha Vs. State of Odisha and others ) vide order dated 21^st September, 2021. Relevant portion of the said order is quoted below for proper appreciation of facts of this case.

¶26

“5. Hence, Miss Mahapatra, learned counsel for the Petitioner submits that in view of the affidavit dated 14th July, 2021 filed by the State-Opposite Party No.1, the letter dated 16th December, 2019 under Annexure-7 will not sustain.

¶27

6. The Opposite Party No.1 in his compliance affidavit dated 14th July, 2021 at paragraphs-10 and 11 stated as under:

¶28

“10. That, it is humbly submitted that, the guideline issued by Forest & Environment Department is not in conformity with the Odisha Timer and Other Forest Produce Transit (Amendment) Rules II, 2017. 11. That, it is humbly submitted that, the Forest & Environment Department is of the view to withdraw the guideline issued vide Letter No.10346/F&E dtd.29.05.2019.”

¶29

7. Mr. Mishra, learned Additional Government Advocate for the State, however, referring to the order passed in OJC No. 3288 of 2002, disposed of on 14^th

¶30

Page 2 of 6

¶31

// 3 //

¶32

Signature Not Verified

¶33

Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA C UTTA CK Date: 06-May-2024 19:08:27

¶34

October, 2003, submits that this Court while disposing of the similar nature of the writ petition has directed as under:

¶35

“We accordingly quash the impugned letter dated 6.5.2000 issued by the Divisional Forest Officer, Keonjhar in Annexure-6 and direct the Divisional Forest Officer, Keonjhar to find out as to whether the aforesaid land belonging to the Petitioner has been recorded in the Government records as forest land or as to whether the land belonging to the petitioner has been identified as forest by Expert Committee pursuant to the direction of the Hon’ble Supreme Court and pass orders on the application of the petitioner for removal of trees and T.T. permits.”

¶36

8. Thus, it is his submission that the Divisional Forest Officer, Athamallik Division, Angul while granting T.T. permit has to verify as to whether the land has been recorded in the name of Government as forest land or as to whether the land belonging to the Petitioner has been identified as forest by the Expert Committee pursuant to the order passed by the Hon’ble Supreme Court.

¶37

9. In the case at hand, there is no material on record to show that the Expert Committee has identified the case land as forest land. Further, the case land is not recorded as forest in Government khata. In that view of the matter, this Court finds that there is no difficulty on the part of the Divisional Forest Officer, Athamallik Division, Angul to grant T.T. permit in favour of the Petitioner, if there is no other legal impediment.

¶38

10. Accordingly, it is directed that the Divisional Forest Officer, Athamallik Division, Angul-Opposite Party No.2 shall consider the application of the Petitioner for grant of T.T. permit and pass a reasoned order as expeditiously as possible preferably within a period of four weeks from the date of production of certified copy of this order and grant T.T. permit by that date, if there is no other legal impediment.

¶39

11. With the aforesaid observation and direction, this writ petition is allowed.”

¶40

Page 3 of 6

¶41

// 4 //

¶42

Signature Not Verified

¶43

Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA C UTTA CK Date: 06-May-2024 19:08:27

¶44

In the case of Giri Gobardhan Mahanta Vs. State of Odisha and others [W.P.(C) No.7488 of 2021], this Court while disposing of the writ petition on 21^st September, 2021, held as under:-

¶45

“4. On perusal of the order dated 11th November, 2020 under Annexure-5, it appears that the application for grant of T.T. permit in respect of land of the Petitioner in Plot No. 325/478 of Khata No. 34/33 in mouza Rohiniduma under Patna Tahasil in the district of Keonjhar was rejected basing upon the guidelines issued by the Special Secretary to Government, Forest and Environment Department, Odisha, Bhubaneswar vide his Letter No. 10346 dated 29th May, 2019 on the following ground:

¶46

Therefore, in compliance to the aforesaid order of the Hon’ble High Court, Odisha, Cuttack & in view of the guidelines issued vide Letter No.10346 dated 29.05.2019 of the Special Secretary to Government, F&E Deptt. Govt. of Odisha, Bhubaneswar read with order dated 03.12.2010 of Hon’ble Supreme Court of India the application of the applicant requires prior approval of the Central Government under Forest (Conservation) Act, 1980. With the above, the aforesaid order of the Hon’ble High Court is hereby complied and disposed.”

¶47

5. There is no dispute to the effect that the land in Plot Nos.325/478 and 151/152 under Khata No.34/33 in mouza Rohinduma under Patana Tahasil in the district of Keonjhar was recorded in the name of the Petitioner, the kissam of which is ‘Talia’. In W.P.(C) No.635 of 2020, which is heard today along with this writ petition, the State Government in the Department of Forest, Environment and Climate Change has specifically stated that the Government has decided to withdraw the guidelines issued vide Letter No.10346 dated 29th May, 2019 as it is not in conformity with the Odisha Timber and Other Forest Produce Transit Rules. In view of the above, no further discussion of the case of the parties is required.

¶48

Page 4 of 6

¶49

// 5 //

¶50

Signature Not Verified

¶51

Digitally Signed

¶52

Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA C UTTA CK Date: 06-May-2024 19:08:27

¶53

6. Accordingly, this Court while setting aside the impugned order under Annexure-5 directs the Divisional Forest Officer, Keonjhar Division, Keonjhar-Opposite Party No.3 to consider the application of the Petitioner for grant of T.T. permit afresh in accordance with law without taking into consideration the letter dated 29^th May, 2019 and grant T.T. permit as expeditiously as possible preferably within a period of four weeks from the date of production of certified copy of this order, if there is no other legal impediment in issuing the same.

¶54

With the aforesaid observation and direction, this writ petition is disposed of.”

¶55

On last occasion, i.e., on 8^th April, 2024, this Court directed learned State Counsel to verify the applicability of the aforesaid decisions to the case at hand. Mr. Mohanty, learned ASC on verification of the aforesaid decisions, submits that the subject matter of dispute in those writ petitions is similar to the present one. He also submits that the present writ petition may be disposed of in the light of the aforesaid two decisions.

¶56

In that view of the matter, the impugned letter No.8193 dated 6^th December, 2023 (Annexure-1) passed by the Divisional Forest Officer, (DFO), Rairakhol Forest Division-Opposite Party No.2 in refusing to grant TT permit to the Petitioner in respect of trees standing over the aforesaid land is set aside and the DFOOpposite Party No.2 is directed to consider the application of the Petitioner for grant of TT permit as under Annexure-5 afresh in accordance with law without relying upon the notification dated 29^th May, 2019, as aforesaid issued by the Government of Odisha, Forest and Environment Department.

¶57

Page 5 of 6

¶58

Signature Not Verified

¶59

Digitally Signed

¶60

Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA C UTTA CK Date: 06-May-2024 19:08:27

¶61

// 6 //

¶62

5.1 The entire exercise shall be completed as expeditiously as possible, preferably within a period of four months from the date of production of certified copy of this order.

¶63

The writ petition is disposed of accordingly.

¶64

As requested, a copy of this order shall be made available to Mr. Mohanty, learned ASC for communication and compliance.

¶65

Issue urgent certified copy of the order on proper application.

¶66

(K.R. Mohapatra) Judge

¶67

s.s.satapathy

¶68

Page 6 of 6

Kishore Chandra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kishore Chandra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pratap Chandra Pradhan Vs Prasanna Kumar Pradhan

Laxmiprava Jena Vs Jr.Engineer,Cesco

Shyam Sundar Mohapatra Sharma Vs Chief Administrator, Shree Jagannath Temple, Puri

Anakar Naik Vs Union of India

Chhabita Martha Vs Sisira Kanta Swain

Chhabita Martha Vs Ashoka Rout