Orissa High Court
Anchalika Jana Kalyan Anusthan vs Union Of India And Others .... Opposite ... on 14 August, 2023
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 4167 of 2014
Anchalika Jana Kalyan Anusthan .... Petitioner
Mr. Gokulananda Pattnaik, Advocate
-versus-
Union of India and others .... Opposite Parties
Mr. Debakanta Mohanty, A.G.A. for State
Mr. B.S. Rayaguru, CGC for OP Nos.1 & 3
Mr. Ramesh Singh, Senior Advocate assisted by
Mr. Venugopal Mohapatra and Ms. Aishwarya Ray, Advocate
for Opposite Party No.12
CORAM:
THE CHIEF JUSTICE
JUSTICE SAVITRI RATHO
ORDER
Order No. 14.08.2023
07. 1. This matter is taken up through Hybrid Mode.
2. Heard Mr. Gokulananda Pattnaik, learned counsel appearing for the Petitioner, Mr. Debakanta Mohanty, learned Additional Government Advocate (AGA) appearing for the State Opposite Parties, Mr. B.S. Rayaguru, learned CGC for Opposite Parties No.1 & 3 and Mr. Ramesh Singh, learned Senior Counsel assisted by Mr. Venugopal Mohapatra and Ms. Aishwarya Ray, learned counsel for Opposite Party No.12.
3. In this Public Interest Litigation (PIL), the allegation has been made by the Petitioner that Opposite Party No.12 has encroached the forest land. The encroachment has been admitted by Opposite Party No.12 in their counter affidavit filed on 15th May, 2023. In the Page 1 of 4 said affidavit, in para-12(c), it has been stated by Opposite Party No.12 that the total land requirement of the power plant project is 239.90 ha which includes 35.985 ha of revenue forest land. The said revenue forest land comprises an area of 21.898 ha in the village Sahajbahal and an area of 14.087 ha in village Barpali under the Lakhanpur Tahasil of Jharsuguda district.
4. It has also been admitted that having encroached the land, Opposite Party No.12 had constructed buildings, thereafter, Opposite Party No.12 has applied for diversion of the forest land measuring 35.985 ha for establishment of the power plant. It has also been admitted by Opposite Party No.12 that they had carried on construction for the power plant unit and for setting up transmission towers for linking the power plant with the eastern power grid.
5. On 4th September, 2013 and 19th November 2013, Opposite Party No.12 had received notices from the District Forest Officer, Jharsuguda to stop their construction activities being carried on forest land. Thereafter, on 22nd January, 2014 an inspection of the alleged construction was undertaken by the Range Officer, Brajrajnagar and the Revenue Department staff of Lakhanpur Tahasil. In the report submitted pursuant to the joint enquiry, it was alleged that Opposite Party No.12 had constructed boiler, turbine, track hopper, chimney etc., over the forest lands admeasuring Ac 14.52 in Mouzas Sahajbal and Barpali.
6. It has also been admitted by Opposite Party No.12 that eight encroachment cases were instituted against them and they were Page 2 of 4 levied fine. At this juncture, we asked Mr. Debakanta Mohanty, learned AGA appearing for the State to state what has happened after levying fine and whether Opposite Party No.12 is still in encroachment of the land or not. Mr. Mohanty, learned AGA could not give any answer off-hand. It is obvious that Opposite Party No.12 did not remove the structure and the machineries that they had set up on the said forest land.
7. By the order dated 17th May 2023, this Court had directed that the proposals submitted by Opposite Party No.12 for diversion of the forest land be considered in accordance with law and after hearing learned counsel for Opposite Party No.12, a reasoned order shall be passed in that regard by 1st July, 2023. It was also directed that the State Government shall file an affidavit. Accordingly, the affidavit has been filed by Opposite Party No.2 on 1st August, 2023 stating that the proposals submitted by Opposite Party No.12, i.e. M/s. Ind-Barath Energy (Utkal) Ltd. for diversion of the forest land will be considered in accordance with law.
8. It has been stated that the appropriate authority for according approval for diversion of 34.63 ha out of 35.985 ha of the Revenue Forest land for establishment of 2x350 MW coal based Thermal Power Plant at Sahajbahal and Barpali villages under Lakhanpur Tahasil in Jharsuguda district is the Ministry of Environment, Forest & Climate Change, Integrated Regional Office, Bhubaneswar, i.e. Opposite Party No.3. We have gathered from the records that no such approval for diversion has been granted so far.
Page 3 of 4But, surprisingly, Opposite Party No.12 is still on encroachment over the forest land.
9. Having noted the encroachment, as admitted by Opposite Party No.12, we direct the Opposite Party No.12 to vacate the forest land by removing all the structures and machineries from the encroached forest land within fifteen days from today.
10. The Opposite Party No.2 is also directed to file an affidavit indicating whether the Opposite Party No.12 has vacated the encroached forest land or not.
11. Let the matter be listed on 4th September, 2023 at 2 pm for passing further orders.
12. A copy of this order be supplied to Mr. Debakanta Mohanty, learned AGA, free of cost forthwith.
(S. Talapatra) Chief Justice (Savitri Ratho) Judge S. Behera Signature Not Verified Page 4 of 4 Digitally Signed Signed by: SUMANTA BEHERA Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Aug-2023 13:02:23