BIMALKANTI GHOSE Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition under Articles 226 & 227 of Constitution of India, the petitioner has challenged the order dated 12.03.2007 passed by opp. party no.3 -the Divisional Forest Officer, Satkosia Wild Life Division, Angul and order dated 16.04.2008 passed by the opp. party no.4 -Conservator of Forests, Angul Circle, Angul rejecting his application for issue of Timber Transit Permit (in short, "T.T. Permit") for removal of trees standing over his private stitiban recorded lands situated in mouza Purunakote, Plot No.3 of Khata No.109/42 measuring an area of Ac.7.93 decimals under Angul Tahasil in the district of Angul.

(2.) IN the year 1962, the petitioner purchased the aforesaid land and has been recorded in the Record of Rights as stitiban status. The kisam of land is "Taila". After reclamation of the land, the petitioner planted 3000 teak stumps in the said plot in the year 1971. In May, 1976, by a notification u/s. 18 of the Wild Life (Protection) Act, 1972, the State Govt. declared the area to be a sanctuary to be known as "Satakosia Gorge Sanctuary". The petitioner made an application for removal of the trees from the land in question under the Orissa Timber and Other Forest Produce Transit Rules, 1980 (in short, "the Rules") and for issuance of T.T. Permit. In pursuance of the said application, on 9.8.1988 a joint verification was made by the Revenue and Forest Officials for the purpose of issuance of T.T. Permit as required under the Rules and subsequently, after obtaining permission from the appropriate authority, the petitioner removed some teak trees in the year 1989. Again in the year 2001, he applied to opp. party no.3 for grant of permission to fell 309 teak trees from the aforesaid land by way of thinning operation to provide more growing space for the remaining and promising teak trees and to transmit the felled trees. The District Forest Officer by order dated 30.5.2005 rejected the application of the petitioner as the plot looks life a forest and is also in continuation of the forests of the above reserved forest and it satisfied all the conditions of a forest. Thereafter, the petitioner approached this Court in the writ application being aggrieved by the aforesaid order. A Division Bench of this court by order dated 5.5.2006 in W.P.(C) No. 9406 of 2005 directed the petitioner to file an appeal within a period of two weeks from the date of order and the appellate authority was directed to dispose of the said appeal within a period of two months thereafter. The petitioner preferred an appeal before the opp.party no.4 -Conservator of Forests, Angul, which was under Rule 7(3) of the aforesaid Rules. The appellant authority after giving an opportunity of hearing to the petitioner by order dated 3rd July, 2006 dismissed he appeal vide Annexure -7. The petitioner has filed this writ application challenging the aforesaid order.

(3.) THE appellant authority after hearing the parties and after perusing the records while setting aside the order remitted the matter to the Divisional Forest Officer -opp. party no.3 to examine the relevant revenue record to ascertain the ownership of the appellant over the plot in question. The appellate authority further directed that the D.F.O. should examine whether the plot in question attracts the provisions of Forest Conservation Act or not and the appellant should be allowed for removal of trees from his plot in question in accordance with the provisions of the Orissa Timber and Other Forest Produce Transit Rules 1980.