CHAITANYA SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Dash, learned advocate appears on behalf of petitioner and had on 6/1/2022 moved the petition. He submitted his client wanted to set up a stone crusher unit on his private land. Permission had been denied by the administration relying upon information had from the Divisional Forest Officer on letter dtd. 19/5/2021. Text of the letter is reproduced below. "With reference to the above cited subject and correspondence, it is to inform you that as per joint field enquiry by Forest & Revenue staff, the Plot No.312,313 of Khata no.108 is found to be adjoining Biripura DPF which is a habitat of wild animals like Wild boar, Pangolin, Jackal, Wild rabbit etc. Establishing stone crusher may affect the wildlife and forest growth around. Further, it is requested that a copy of approval order against the said Crusher Units, if issued, may be sent to this office for reference & record."

(2.) Today he submits, the process his client followed in trying to obtain No Objection Certificate (NOC) required his client to seek consent of the Revenue Inspector, thereafter the Tahasildar and finally Sub-Collector. All the three stages his client was able to cross but issuance of NOC has been rejected by the Collector. He draws attention to paragraph 3 in order dtd. 6/1/2022 to submit, in the counter filed by the Forest Department (Opposite Party no.6), answer to the query put by the Court has not been given. This is because the department does not have an answer. They did not really object but put up a note saying also that in event approval order is issued, copy may be forwarded to the office for reference and record. Paragraph 3 from said order dtd. 6/1/2022is reproduced below. "3. The Forest Department is required to give instruction regarding distance of the reserve forest from petitioner's land as well as any criteria of requirement of buffer zone between civilian and other activities, abutting the forest. The material must be produced before Court by way of affidavit, advance copy of which is to given to petitioner. The affidavit will be accepted on adjourned date."

(3.) Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State. He submits, he represents the Collector (O.P.2) as well as the Forest Department (O.P.6). He first refers to counter filed by the Collector. In that context he draws attention to annexure-8 in the writ petition, being memo dtd. 9/11/2015 issued by Forest and Environment Department to the Collector. Relevant text from said memo is reproduced below. "However, at the time of grant of Siting Compliance Certificate by the District Administration for establishment of stone crusher unit, the following points may be taken into consideration. 1. Establishment of new stone crusher unit may be decided by District Administration on the basis of proper justification where life, public health and ecology has priority over unemployment and loss of revenue. 2. Collector being the head of civil executive of the District has the constitutional obligation to protect natural resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. Hence, it is clarified that Establishment of large number of crusher unit need not be encouraged.