LAWS(ORI)-2011-11-12

GURUCHARAN BHOI Vs. STATE OF ORISSA

Decided On November 14, 2011
Gurucharan Bhoi Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE petitioner in this Writ Petition assails the order of the Divisional Officer, Rairakhol Division dated 09.11.2006 under Annexure -5 rejecting his application for removal of forest growth from Plot No.629 under Khata No.14 of Village -Kaudiapali in the district of Sambalpur as well as the order dated 21.11.2009 under Annexure -8 passed by the Appellate Authority, the Conservator of Forests, Sambalpur Circle confirming the order passed by the Divisional Forest Officer.

(2.) THE case of the petitioner is that his father late Raghunath Shoi was the co -owner and Records of Right holder of 17 plots recorded in Sabik Khata No.14 of Village - Kaudiapali. Out of the said 17 plots, Plot No.629 extends to an area of AC.5.30 decimals and there is growth of 119 nos. of Sal, Bija, Dhubani and Tentuli trees. It is the further case of the petitioner that said Plot No.629 is a 'Raiyati' plot and is situated on the side of village road surrounded by private agricultural land of the villagers. On the side of the aforesaid plot, Village - Rangmatia is situated. With an intention to remove the trees for the purpose of converting the plot into agricultural land and also to plant new trees, his father applied to the Divisional Forest Officer -opposite party No.2 for grant of permission to remove the trees from the said plot along with his brother, who was the co -owner. The father of the petitioner expired on 25.2.2006 where after the petitioner took up the matter before the Divisional Forest Officer by substituting himself. The application for grant of permission to remove the trees was kept pending and no orders were passed.

(3.) IN compliance of the aforesaid order the Divisional Forest Officer -opposite party No.2 conducted a field enquiry in presence of the petitioner on 31.10.2006. In Annexure -5, opposite party No.2 rejected the petition on the ground that the trees standing on the plot have not been planted and the canopy is in the continuous belt of natural forest adjoining to 'Sagjhori Reserve Forest'. It was further observed by the Divisional Forest Officer -opposite party No.2 that green felling in the above plot will disturb the habitat of wild life, increase soil erosion and increase adverse effect on environmental condition. It was also observed in the said order that the application attracts the provisions of Forest Conservation Act, 1980.