National Green Tribunal
Rakesh Kumar Mohanty vs State Of Odisha Through Chief Secretary on 6 February, 2026
Item No. 12 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.9/2026/EZ
In the matter of:
Rakesh Kumar Mohanty
Aged around 37 years
S/o Mr. Rabindra Mohanty,
Occupation: Social Worker
R/o Ward No. 10, Kali Mandir Sahi,
PS: Baripada Town,
Dist: Mayurbhanj, PIN-757001, Odisha
Email: [email protected]
...Applicant
Versus
1. State of Odisha
Through Chief Secretary
Lok Seva Bhavan, Sachivalaya Marg, Bhubaneswar,
Odisha-751001
Email: [email protected]
2. The Managing Director
Odisha Industrial Infrastructure Development Corporation
(Govt. of Odisha undertaking) IDCO Tower,
Janpath, Bhubaneswar-751022
Email: [email protected]
3. The Divisional Forest Officer (DFO)
Office of the Divisional Forest Officer,
Baripada Forest Division, Baripada,
Mayurbhanj, Odisha-757001
Email: [email protected]
4. The Managing Director
Industrial Promotion and Investment Corporation of Odisha Limited
Ipicol House, Janpath, Sahid Nagar,
Bhubaneswar, Odisha-751022
Email: [email protected]
5. The Managing Director
Hotel Sonar Bangla,
Megatherm Building, Plot - L1, Block - GP,
6th Floor, Sector-V, Electronics Complex,
Salt Lake City, Kolkata-700091, West Bengal.
Email: [email protected]
...Respondents
1
For the Applicant:
Mr. Akash Sharma, Advocate for the applicant (through VC).
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
________________________________________________________________________
Order reserved on:- 22.01.2026
Order pronounced on:- 06.02.2026
________________________________________________________________________
ORDER
PRONOUNCED BY HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM
1. The applicant-Rakesh Kumar Mohanty has filed the present Original Application under Section 18(1) read with Sections 14 and 15 of the National Green Tribunal Act, 2010.
2. In the present original application, the applicant has sought the following reliefs:
"(d) Declare that the land in Khata No. 123, Plot No. 138 (Ac.
93.280), Village Laxmiposi is 'forest land' within the meaning of Section 2 of the Forest (Conservation) Act, 1980, by virtue of its Sabik classification as "Jungle/Gramya Jungle" and subsequent forest character, and therefore cannot be used for non-forest purposes without prior approval of the Central Government.
(e) Declare that the said land falls within the Eco-Sensitive Zone (ESZ) of the Similipal Tiger Reserve, as certified by the DFO, Baripada, and that any commercial construction/tourism project is prohibited or restricted under the ESZ Notification issued under the Environment (Protection) Act, 1986.
(f) Quash and set aside any Feasibility Report, proposal, note-sheet, communication, survey, demarcation, or proceedings initiated by Respondent Nos. 1, 2, 3 and/or 4 for settlement, alienation or diversion of the said land in favour of Respondent No. 2 (IDCO) or any private entity.
(g) Direct that no diversion of the said land shall be undertaken unless:
a. Prior Forest Clearance under Section 2 of the Forest (Conservation) Act, 1980;2
b. Prior ESZ Permission from MOEF & CC;
c. Prior Wildlife Clearance (given proximity to STR and
Balidiha Reserve Forest);
d. Prior and informed Gram Sabha consent under
Section 4(5) of the Forest Rights Act, 2006 and PESA Act;
e. Cumulative Environmental Impact Assessment including wildlife corridor mapping; are duly obtained in accordance with law.
(h) Direct Respondents to place on record all communications, field inspections, notes, MoUs, expressions of interest, or private meetings held with any hospitality group-including Hotel Sonar Bangla-relating to the proposed commercial project at Similipal/Laxmiposi.
(i) Pass appropriate directions to ensure that any future tourism development in Mayurbhanj, particularly near Similipal Tiger Reserve, is strictly ecologically sustainable, community-centric and compliant with all statutory safeguards.
(j) Pass any other or further orders that this Hon'ble Tribunal may deem fit in the interest of justice, environment, wildlife protection and constitutional environmental governance.
(k) Allow Costs;"
3. The applicant has raised grievances regarding attemptted diversion and alienation of ecologically fragile land comprised in Khata No. 123, Plot No. 138 (Ac. 93.280 approximately 100 acres), Village Laxmiposi, Tehsil Shamakhunta, District Mayurbhanj, Odisha in favour of the Odisha Industrial Infrastructure Development Corporation (IDCO) for the purpose of a private hotel and resort project.
4. The applicant has submitted that the above said land falls in the description of 'forest land' within the meaning of Section 2 of the Forest (Conservation) Act, 1980, by virtue of its Sabik classification as "Jungle/Gramya Jungle". Hon'ble Supreme Court has categorically held in T.N. Godavarman Vs. Union of India that entries in government records are determinative of forest status irrespective of canopy density or physical degradation. Subsequent HAL ROR describes the land as Abad 3 Ajogya Anabadi, a classification applied to uncultivable land due to its natural forested character which confirms that the land continues to retain its forest nature. The above said land forms part of a continuous forested landscape adjoining and falling within the Eco-Sensitive Zone (ESZ) of the Similipal Tiger Reserve (STR) a notified Tiger Reserve, National Park, Wildlife Sanctuary and UNESCO-recognised Biosphere Reserve. On 05.07.2024, the Superintendent of Land Records, Collectorate, Mayurbhanj, also furnished a Sabik-Hal correlation confirming that the hill tract corresponds to Sabik Kisam "Jungle/Gramya Jungle" thus leaving no doubt that the land is legally forest land protected under Section 2 of the Forest (Conservation) Act, 1980, which bars non-forest use of forest land without prior approval of the Central Government. On 12.07.2024, the Divisional Forest Officer (DFO), Baripada Forest Division, communicated to the Tahasildar, Shamakhunta confirming the forest character and wildlife significance of Plot No. 138 and adjoining lands of the village. On 24.02.2025, the DFO, Baripada issued a categorical report stating that the proposed land (Khata No. 123, Plot No. 138) falls within the Eco-Sensitive Zone of the Similipal Tiger Reserve and is approximately 680 metres from the Balidiha Reserve Forest.
5. The applicant has further submitted that the hill and forest constitute a traditional community resource forming an integral part of the indigenous socio-cultural identity of schedule tribes. The community depends on the area for minor forest produce, firewood, medicinal plants, grazing, and seasonal livelihood. Further, the hill comprises a sacred grove where Adivasi families conduct ancestral rituals, worship ceremonies and festivals rendering the site a cultural and spiritual heritage landscape protected under customary tribal law as well as 4 statutory protections under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Any disturbance to such sites violates legally recognized cultural and forest rights. On 24.06.2024, the Revenue Inspector, Balidiha submitted a Feasibility Report regarding Plot No. 138 of Laxmiposi village to Tahasildar, Shamakhunta for lease in favour of Respondent No. 2-IDCO. The said report unequivocally records that the land is covered with dense old Sal forests and mixed native vegetation; the terrain consists of natural elevated mounds (30-50 feet high) indicating long-standing, unexcavated forest hills; and the area serves as a wildlife movement corridor due to proximity to Shimlipal.
6. The applicant has further submitted that public statements were made and DIPA published photographs showing its team facilitating a visit of Hotel Sonar Bangla, a private hotel chain, along with its Chairman, to explore the possibility of establishing a resort near Similipal.
7. The Applicant has also mentioned that the applicant submitted a detailed objection/complaint letter dated 07.04.2025 to the Registrar of the Eastern Zone Bench of this Tribunal which was treated and registered O.A. No. 127/2025/EZ but the applicant sought permission to withdraw the above said O.A. with liberty to file fresh O.A. annexing all relevant documents and this Tribunal vide Order dated 19.11.2025 dismissed above said O.A. as withdrawn with such liberty.
8. We have heard submissions made by Learned Counsel Mr. Akash Sharma, Advocate for the applicant who appeared before this Tribunal through VC and we have gone through the material on record carefully. 5
9. In his submissions Learned Counsel for the applicant reiterated factual and legal submission made in the original application
10. The land in Khata No. 123, Plot No. 138 (Ac. 93.280) situated in Village Laxmiposi is stated to fall squarely within definition of forest in terms of order dated 12.12.1996 passed by Hon'ble Supreme Court in W.P. (c) No. 202/1995 titled T.N. Godavarman v. Union of India (1997) 2 SCC 267 which cannot be diverted for non-forest activity of construction of hotel/resort without prior approval of the Central Government. The above said land is situated within the Eco-Sensitive Zone (ESZ) of the Similipal Tiger Reserve within which construction of hotel/resort is not permissible. The diversion of the land without prior Gram Sabha consent under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is claimed to be unconstitutional/illegal as any disturbance to community forest resource and cultural heritage will be violative of Articles 25 and 29 and also the Tribal protective frame work under the 5th schedule of the Constitution of India. It is stated that IDCO has filed application under Rule 5(2) of the Odisha Government Land Settlement Rules, 1983 seeking settlement of Khata No. 123, Plot No. 138, AC. 93.280 at village Laxmiposi as non-forest land for the purpose of leasing out the same for a private hotel and resort project.
11. Prima-facie, the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.
12. In view of the above, notice of the application alongwith copies of the application and documents attached with the same is ordered to be 6 issued to the respondents requiring them to file their replies/responses to the averments made in the application.
13. Replies/responses by respondents may be filed within six weeks.
14. List on 30.03.2026 for further consideration.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 06th, 2026 Original Application No.09/2026/EZ ag 7