National Green Tribunal
Wildlife Society Of Orissa Represented ... vs 1. State Of Odisha Through Chief ... on 30 July, 2025
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Miscellaneous Application No.20/2025/EZ
In
Original Application No.76/2023/EZ
IN THE MATTER OF
Wildlife Society of Orissa,
Represented by its Secretary,
Shaktikunj, Link Road, Cuttack,
Dist-Cuttack, Odisha-753012
..........Applicant(s)
Versus
1. State of Odisha,
Through Chief Secretary of Odisha,
Lok Seva Bhawan,
Bhubaneswar-751001
2. Additional Chief Secretary,
Forest and Environment Department,
Kharbela Bhawan, Bhubaneswar,
Government of Odisha,
Pin-751001
3. District Collector, Koraput,
PO./Dist-Koraput,
Odisha-752001
4. Divisional Forest Officer, Koraput
P.O./PS.- Rourkela, Koraput
5. Forest Range Officer,
Semiliguda Forest Range,
P.O./P.S.- Semiliguda,
Dist- Koraput,
Pin-764036
6. Chairman, Odisha Biodiversity Board,
Regional Plant Resource Centre,
Ekamrakanan, Nayapalli,
Bhubaneswar-751015
7. Union of India,
Through the Secretary,
Ministry of Environment, Forests and Climate Change,
Indira Paryavaran Bhawan, Jorbagh,
1
New Delhi-110003
8. Deputy Director General of Forests (C),
Ministry of Environment, Forest and Climate Change,
Integrated Regional Office, A/3, Chandersekharpur,
Bhubaneswar - 751023.
...........Respondent(s)
Date of hearing: 30.07.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate a/w
Mr. Ashutosh Padhy, Advocate (in Virtual Mode)
ORDER
1. The Original Application No.76/2023/EZ (Wildlife Society of Orissa Vs. State of Odisha & Ors.) was disposed of by this Tribunal vide judgment and order dated 01.05.2025 with the following directions:-
xxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxx "54. Therefore, on a conspectus of facts of the present case and the law laid down by the Hon'ble Supreme Court in Kaniz Ahmed Versus Sabuddin & Ors. (Supra), we dispose of this Original Application with a direction to the State Respondents to either seek approval of the Government of India under Forest (Conservation Act) within three months or else remove the entire structures and constructions made on the Deomali Hill Top Table Land under the garb of Eco Tourism Development Project and restore the land to its original form.
55. We further direct that if the State Respondents have undertaken pine plantation over an area of 1.5 hectares to 2.00 hectares, the same shall continue to be maintained and the State Respondents shall make effort to widen this area over the entire 5.93 hectares of the land in question and in any case, no diversion of the land in question shall be made for non-forestry purposes 2 and the Respondents shall ensure strict compliance of the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980 read with the Forest Rights Act 2006."
xxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxx
2. The Applicant has filed the present Miscellaneous Application alleging that the Tribunal had directed to remove the entire structures and constructions made on the Deomali Hill Top Table Land under the garb of Eco Tourism Development Project and restore the land to its original form but in violation of the aforesaid order, it is alleged that the State Respondent is continuing to make constructions on the site in question.
3. Mr. Sankar Prasad Pani, learned Counsel assisted by Mr. Ashutosh Padhy, learned Counsel for the Applicant of the Miscellaneous Application No.20/2025/EZ submits that the photographs dated 17.05.2025 and 21.05.2025 which have been filed with the Original Application show constructions going on at the Deomali Hill Top Table Land. We do not know whether these photographs show anybody working on those construction sites. We also do not know as to whether these photographs are new photographs or old photographs. Even otherwise, we find that the period of three months granted by this Tribunal in paragraph no.54 of its order had not yet expired and this application is premature.
4. The Miscellaneous Application No.20/2025/EZ in Original Application No.76/2023/EZ is accordingly rejected. 3
5. I.As., if any, stand disposed of accordingly.
6. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 30, 2025, Miscellaneous Application No.20/2025/EZ In Original Application No.76/2023/EZ OM 4