AMRUTI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The husband of the appellant died on account of attack by wild animal in the reserved forest area. The writ petitioner-appellant claimed compensation under the provisions of the Wildlife (Protection) (Orissa) Rules, 1974. When no such compensation was paid, the appellant filed the writ petition bearing W.P.(C) No. 24319 of 2012 praying for a direction to the respondents for payment of compensation under the aforesaid Rules, 1974 (wrongly mentioned in the prayer as Wildlife (Protection) (Orissa) Amendment Rules 2011). The writ petition having been dismissed vide order of the learned Single Judge dated 14.01.2016, the present appeal has been filed.

(2.) Mr. S. Mohanty, learned counsel for the appellant submitted that the claim for payment of compensation was made under the Rules, 1974 whereas the learned Single Judge, while dismissing the writ petition, considered the provisions of the Orissa Forest Act, 1972 and hence the said order dated 14.01.2016 passed by the Single Judge is liable to be quashed.

(3.) Mr. B.P. Pradhan, learned Addl. Government Advocate has pointed out that under Sec. 27 of the Orissa Forest Act, 1972, it is an offence for any person to go inside the reserved forest area for any purpose, including removal of any forest produce.