National Green Tribunal
1. Bishnupriya Mohanty D/O-Late Kelu ... vs 1. State Of Odisha Represented By ... on 28 March, 2025
Item No.07 (In-Chamber)
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Review Application No.02/2025/EZ
(I.A. No.37/2025/EZ)
In
Original Application No.138/2024/EZ
IN THE MATTER OF:
Shri Tapas Kumar Bishi,
Aged about 37 years,
S/o Jogeswar Bishi,
House No.57, Ward No.1, Kandel,
Kalahandi, Odisha - 766012,
Presently working as Tahasildar, Begunia,
District - Khurdha,
...Applicant(s)
Versus
1. Bishnupriya Mohanty,
Aged about 62 years,
D/o Late Kelu Charan Mohanty,
At - Laxminarayanpur, P.O.-Sahadabhanga,
District - Khordha, Odisha,
Pin - 752038,
2. State of Odisha,
Represented by through Additional Chief Secretary,
Forest and Environment Dept.,
Govt. of Odisha,
Kharavela Bhawan,
Bhubaneswar,
Odisha - 751001,
3. Collector & Dist. Magistrate, Khordha,
At/PO/Dist - Khordha,
Pin - 752069,
4. Divisional Forest Officer, Khordha,
At/PO/Dist. - Khordha,
Pin - 752055,
5. Superintendent of Police, Khordha,
At/PO/Dist. - Khordha,
Pin - 752069,
6. Surendra Behera,
S/o - Late Dhobi Behera,
Aged about 68 years,
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At - Chhima, Po - Sagadabhanga,
PS - Jankia, Dist. - Khordha,
Pin - 752038,
7. Bikas Mohanty,
S/o - Jaladhar Mohanty,
Aged about 45 years,
At - Chhima, Po - Sagadabhanga,
PS - Jankia, Dist. - Khordha,
Pin - 752038,
8. Kartik Behera,
S/o - Late Madhab Behera,
Aged about 58 years,
At - Chhima, Po - Sagadabhanga,
PS - Jankia, Dist. - Khordha,
Pin - 752038,
9. Bijay Biswal,
S/o - Manguli Biswal,
Aged about 42 years,
At - Chhima, Po - Sagadabhanga,
PS - Jankia, Dist. - Khordha,
Pin - 752038,
10. Khageswar Dambal,
S/o - Bhikari Dambal,
Aged about 38 years,
At - Raimul, Po - Sagadabhanga,
PS - Jankia, Dist. - Khurda,
Pin - 752038,
11. Ballav Behera,
S/o - Prahallad Behera,
Aged about 38 years,
At - Pindamul (Lakhapada),
Po - Sagadabhanga,
PS - Jankia, Dist. - Khurda,
Pin - 752038,
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
ORDER
1. This Review Application has been filed by the Review Applicant, praying for review of the judgment and order of this Tribunal dated 29.01.2025 passed in Original Application No.138/2024/EZ 2 (Bishnupriya Mohanty Vs. State of Odisha & Ors.), in so far as it directs initiation of disciplinary proceedings against him.
2. The Tribunal while deciding the Original Application No.138/2024/EZ vide its order dated 29.01.2025 had in paras 17 and 18 observed as under:-
17. Thus, we find that prima facie there has been lack of promptitude and sincerity and devotion towards duty on the part of the Tahasildar, Begunia, Khordha in promptly reporting the felling of trees to the authorities which have resulted in grave loss of revenue to the said exchequer. The affidavit of the State Respondents is also silent as regards the complicity of the Respondent Nos.6 to 11 in the illegal felling of trees.
18. We, therefore, direct disciplinary action be initiated against the Tahasildar, Begunia.
3. The contention of the Review Applicant is that he was impleaded as Respondent No.3, Tahasildar, Begunia, in the said Original Application but no notice was ever received in his office and he came to know about the said proceedings in August, 2024, on the basis of a communication dated 01.08.2024 received from the Additional Standing Counsel, office of the Advocate General, Odisha, for engagement of Counsel and filing counter-affidavit before the next date of listing i.e., 27.08.2024.
4. It is stated that in the meantime, vide Office Order No.10278 dated 21.08.2024, the Collector & District Magistrate, Khordha, Respondent No.2 in the O.A., constituted a Committee involving the Respondent No.3, Review Applicant herein, to visit the spot in question and submit a report to him which was duly submitted on 23.08.2024.
5. It is further stated that pursuant to the communication received from the State Counsel on 05.09.2024, the Review Applicant while 3 discussing the matter with the State Counsel was advised that no separate counter-affidavit from his behalf is necessary as the Collector & District Magistrate, Khordha, would be filing the counter-affidavit based on the enquiry report and as such the Review Applicant had no opportunity to go through the contents of the Original Application as well as the counter-affidavits filed by the Respondent Nos.2&4 along with rejoinder affidavit filed by the Applicant of the Original Application.
6. The contention of the Review Applicant further is that the enquiry Committee constituted by the Collector & District Magistrate, Khordha, was headed by Sub-Collector, Khordha, an officer superior to the Review Applicant, and the Joint verification was confined to the allegation of felling of trees over Government land in Khata No.318, Plot No.254 and Khata No.319, Plot Nos.1071, 343 and 347.
7. It is stated that on 23.08.2024 the report was submitted in the office of the Sub-Collector, Khordha, and signed by all the members of the Committee and then it was submitted to the Collector & District Magistrate, Khordha, and there was no occasion for the Review Applicant to personally examine the allegations contained in the Original Application.
8. According to the Review Applicant, on 15.02.2025 a news item was published in the Odia local daily "Sambad" that the National Green Tribunal, Kolkata, had passed a final order in the Original Application and had directed to initiate disciplinary action against the Review Applicant, Respondent No.3 in O.A., and, therefore, the Review Applicant has taken necessary steps for filing the present Review Application.
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9. The case of the Review Applicant further is that one Bankanidhi Mohanty of Village-Laxminarayanpur is related to the Applicant of the Original Application, Bishnupriya Mohanty, (Aunt-Father's Sister) and co-sharer of Khata No.239, who has lodged all the complaints before the different authorities and in the instant Original Application the grievance is confined to felling of trees from the private land of the said Bankanidhi Mohanty and others in Mouza-Sima (Chhima), Khata No.239, Plot Nos.251, 252 & 253 and the said land is a joint family property of the father of Bankanidhi Mohanty along with other co-sharers; the Applicant is the sister of one of the co-sharer, namely, Chaitanya Mohanty, S/o Late Kelu Charan Mohanty.
10. It is stated that the Applicant of the Original Application has alleged that disputed Government plots which have been made subject matter of the said Original Application are claimed by the relatives of the Applicant including the said Bankanidhi Mohanty but have been erroneously recorded as Sarba Sadharana (General Public) in favour of the State Government.
11. It is further stated that in connection with construction of road through the dispute Government plots adjacent to private land in Khata No.239, dispute arose between the villagers of Sima Village and the relatives of the Applicant of the Original Application, and proceedings under Section 144 CrPC were initiated as Miscellaneous Case No.652/2024 and an order of status quo was passed on 29.05.2024.
12. It is also stated that Bankanidhi Mohanty filed a complaint case on 18.06.2024 against the Private Respondent Nos.6 to 11 of the Original Application which has been registered as ICC No.30/2024 5 in the Court of Ld. JMFC (Cog.), Khordha, and the said complaint has been referred under Section 156(3) of CrPC to the concerned Police Station for registration of FIR and investigation. It is stated that pursuant to the direction, the complaint was registered as FIR vide Jankia P.S. Case No.271/2024 on 03.08.2024. It is stated that the said Bankanidhi Mohanty filed Miscellaneous Case No.728/2024 under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on 17.09.2024 before the Executive Magistrate, Khordha, against the Respondent Nos.6 to 9 of the Original Application and others.
13. It is also stated that the said Bankanidhi Mohanty along with other co-sharers of Khata No.239 have filed a Writ Petition before the Hon'ble High Court of Orissa being W.P.(C) No.16170/2024, challenging the demarcation notice issued by the RI, Siko, to resolve the dispute between the villagers and the relatives of the Applicant of the Original Application, who claim to be owners of the disputed Government plots in Khata No.319 to the extent of Ac.0.320 decimals. The orders passed by the Hon'ble High Court have been filed at pages 108-109 of the Review Application which show that the said Writ Petition is still pending consideration before the Hon'ble High Court.
14. With regard to the date of felling of trees of the Private Respondents i.e., 21.05.2024, as alleged in para 2 of the Original Application, it is stated that the said Bankanidhi Mohanty had filed Miscellaneous Case No.652/2024 under Section 144 of CrPC against the villagers including the Private Respondent Nos.6 to 9 of the Original Application followed by ICC No.30/2024 leading to registration of FIR dated 03.08.2024.
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15. We also find that the order-sheet in the proceedings in Miscellaneous Case No.652/2024 under Section 144 of CrPC which has been filed along with the Review Application from pages 64 to 65, show that the court of Executive Magistrate, Khordha, vide his order dated 29.05.2024 has directed the parties to maintain status quo over the land in question.
16. The contention of the Review Applicant, therefore, is that in view of the several proceedings, there has been absolutely no delay or laxity or complacency on the part of the Review Applicant, Respondent No.3 of the Original Applicant, in dealing with the matter relating to felling of trees.
17. We are inclined to accept the submissions made by the Review Applicant. Even otherwise, the question as to whether the disciplinary proceedings should be ordered against the Review Applicant, Respondent No.3 of the Original Application, is a matter purely for consideration by the Court and neither the Applicant of the Original Application nor the Respondents therein can insist that disciplinary proceedings be initiated against the Respondent No.3. We have, therefore, taken up the present Review Application for consideration without issuing notice to the Applicant or the Respondents.
18. Since the matter was subjudice before the various courts, the Review Applicant, Respondent No.3 of the Original Application, cannot be held to be deliberately complacent in dealing with the allegations of tree felling over the plot in question.
19. We, therefore, allow the present Review Application to the limited extent that the observations made in para 17 and the directions issued in para 18 of the judgment and order of the Tribunal dated 7 29.01.2025 passed in Original Application No.138/2024/EZ (Bishnupriya Mohanty Vs. State of Odisha & Ors.), are expunged.
20. I.As., if any, stand disposed of accordingly.
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B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM March 28, 2025, Review Application No.02/2025/EZ (I.A. No.37/2025/EZ) In Original Application No.138/2024/EZ AK 8