KESHAB BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) THE present proceeding filed as public interest litigation seeks to invoke the writ the jurisdiction of this Court to direct an enquiry into the alleged encroachment and allotment of land inside Chakagujia reserve forest (hereinafter referred to as 'Forest') and to reclaim the said area.

(2.) WE have heard Mr. Satpathy, learned counsel for the petitioner and Mr. Mohapatra, learned Government Advocate for the opposite party.

(3.) THE opposite party no. 1, 3 and 4 in their counter affirmed by the Divisional Forest Officer, Bolangir Forest Division, Bolangir in essence have pleaded that 65 families referred to in the writ petition have been conferred the rights under the Act as they have been in possession of Forest land prior to 13.12.2005 and as per the recommendation of the Forest Rights Committee and due consideration of the Sub -Divisional Level Committee, Titilagarh and jurisdictional District Level Committee. Vis   -vis the allegation of illegal encroachment and illicit felling of trees in the Forest, the opposite party have stated that 96 Forest Cases have been registered in Bangomunda Range from 2004 -05 till 2013 -14 and that further encroachment in such area have since been stopped. Detailing the process culminating in the conferment of rights under the Act, the opposite party have asserted that on the recommendation of the Gram Sabha and Forest Rights Committee, Barkani and Jampada, SDLC, Titilagarh had scrutinized and verified the applications of the persons concerned and thereafter had submitted the same to the District Level Committee which on exhaustive consideration of the facts had issued necessary orders to that effect. The opposite party have asserted that all statutory requirements have been scrupulously fulfilled before grant of forest rights. They have also referred to the numbers of forest cases registered against the encroachers. They have stated in particular that on receipt of the complaint from the villagers, the Asst. Conservator of Forests, Bolangir Division had conducted a survey and submitted a report on 9.12.2013. According to the opposite party, all necessary steps to protect the forest from encroachment have been taken and that the allegation to the contrary was unfounded.