AVIPRAYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners in O.J.C. No. 13587 of 2001 are the President and Secretary respectively of a registered Non Government Organisation known as 'Avipraya'. The aim and objectives of the said NGO is to undertake active environmental and ecological activities like afforestation, road side plantation, prevention of deforestation, etc. In this writ application the petitioners have prayed for the following reliefs.

(2.) THE petitioners have filed this writ application in public interest on the allegation that in order to effectively take up the forest activities and for its protection, conservation and afforestation, the state Government had created different wings under the department to look into the following aspects of forest activities independent of each other.

(3.) COUNTER affidavit has been filed by the opposite party No. 1. It is stated in the counter affidavit that at present the field organization of the Forest Department has been present structured in four parallel formations, i.e. Territorial, Wildlife, Social Forestry and Afforestation Wings which among themselves perform all the basic forestry functions. Due to the presence of parallel structures with overlapping jurisdiction, there is often duplication of functions/interventions, sub optimal utilization of staff and problems of coordination. It is also stated that due to segregation of the regulatory from the extension functions there is a lack of community orientation which severely limits the organisation's capacity for managing the forest resources of the State in an efficient, equitable and sustainable manner. Therefore, organizing all forestry functions through one type of field divisions with a view to reducing duplication of efforts, facilitating optimal utilization of staff, reducing avoidable problems of coordination among various wings and creating a more conducive arrangement for development and management of forests with the participation of the village communities was under active consideration of Government for some time past. Further stand of the opposite party No. 1 is that reorganization seeks to create a larger number of smaller sized Divisions and integration of all forestry functions, i.e. forest protection and management, conservation of wildlife, afforestation and social forestry extension functions under each division. The scheme also envisages more effective supervision and greater accountability. It is also stated that one of the main objectives of the restructuring is capacity building in the Forest Department for promotion of community participation in consideration and management of forests and Joint Forest Management activities. Under the scheme, according to the opposite party No. 1, the existing staff under the Social Forestry and Afforestation Wings will be redeployed for creation of the new Divisions and Circles and strengthen existing Divisions without any creation or abolition of posts. The new Divisions shall be located in such a manner that the existing infrastructure will be utilized without any new creation. The objectives behind the reorganization is to eliminate the organizational deficiencies and improve efficiency and build capacity for meeting the challenges of conservation, sustainable management and development of the Forests. In course of hearing of the case the learned Additional Government Advocate appearing for the opposite party No. 1 also submitted that the proposal for reorganization of the Forest Department has obtained approval of the Cabinet.