Orissa High Court
M/S. Nath & Sons vs State Of Odisha & Ors. .... Opposite ... on 14 July, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18995 of 2025
M/s. Nath & Sons, Bhubaneswar .... Petitioner
Represented By Adv.
Mr. Srinivas Mohanty
-versus-
State of Odisha & Ors. .... Opposite Parties
Represented By ASC
Ms. Gayatri Patra
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 14.07.2025 No.
01. 1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this Writ Petition seeking a direction from this Court to the Opposite Party No.5 not to evict the Petitioner from his occupation until he removes all the logs from the land in question.
3. Heard.
4. Learned counsel for the Petitioner submits that the Petitioner is a young Entrepreneur cultivating Eucalyptus trees in different areas of the state and customizing the same for the purpose of domestic and industrial use. In the course of his business, the Petitioner had his plantation over a land of 100 acres in the village Page 1 of 3 // 2 // Bandhanuagaon, Dhenkanal. While doing the aforesaid business, one power plant company named, M/s. C.E.S.C. Industries Ltd., has taken permission from the Government to install its plant for producing electricity. As a result, the company was given a lease of land by the IDCO. The Petitioner approached the IDCO and local administration for the sake of compensation for the loss of plantation, accompanied by a permission to cut down the trees about 20,000 planted over the command area of the plantation. At the instance of the District Administration, a meeting was held on 06.06.2012. As a result, it is observed that the Company named CESC Ltd. shall pay 10 lakhs as against compensation to the Petitioner along with allowing wood logs of the plantation vide resolution dated 06.06.2012.
5. Learned counsel for the Petitioner submits that during pending payment of 10 lakhs, he has cut 30% of the plantation during the period of 2023-2024 while the company CESE was in operation. However, in the meantime, another company, WAAREE has taken over M/s. CESE without providing any such information to the Petitioner. While the Petitioner was in occupation of the land for the sake of cutting the trees, the authorities of WAAREE have stopped the Petitioner from cutting the Page 2 of 3 // 3 // trees. However, the properties are not of the said takeover company. In such event, the Petitioner approached the Collector and all other concern officials immediately. But as on date, no action is taken permitting the Petitioner to get his compensation amount of 10 lakhs and to cut the logs of the trees of the said plantations.
6. Considering the facts and submissions made by the learned counsels for the Petitioner and in view of the request made by the IDCO to the Collector, Dhenkanal vide letter dated 05.07.2025, let the Collector, Dhenkanal take steps allowing the present Petitioner to cut the said Eucalyptus Trees. It is further directed that the IDCO shall facilitate to release the amount of compensation due to the present Petitioner at the earliest possible preferably within a period of one month from the date of presentation of a certified copy of this order.
7. Accordingly, the Writ Petition is disposed of.
8. A free copy of this order be served on learned counsel for the State for compliance.
Signature Not Verified Digitally Signed (Dr. S.K. Panigrahi) Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Judge Sumitra Date: 16-Jul-2025 16:50:57 Page 3 of 3