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State of Odisha - Section

Section 12 in The Orissa Forest Act, 1972

12. Claims to right of way, right to water-course or to use of water etc.

(1)In the case of a claim to right of way, right to water-course or to use of water, the Forest Settlement Officer shall, after considering the objections of the Forest Officer, if any, representing the Forest Department under Sub-section (3) of Section 4 or the Divisional Forest Officer either come to an agreement with the claimant for the surrender of the right or pass an order for continuance of the exercise of such right subject to such conditions as may be agreed upon between the Forest Department and the claimant or where no such agreement is reached, as the Forest Settlement Officer may impose.
(2)In the case of claims to rights of pasture or to forest produce the Forest Settlement Officer shall pass an order admitting or rejecting the same in whole or in part after considering the objections of the Forest Officer representing the Forest Department under Sub-section (3) of Section 4 or of the Divisional Forest Officer.
(3)A copy of every order passed under this section shall be served on the claimant by the Forest Settlement Officer and another copy shall be forwarded to the Forest Officer who attended the enquiry or if no such officer attended, to the Divisional Forest Officer.