The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jan-2024 10:40:14 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.9321 OF 2023 Maa Vairabi Vana Samrakshyan Samiti, Koraput …. Petitioner Mr. Niranjan Lenka, Advocate State of Odisha and others -versus- …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel Order No. 06. 1. 2. CORAM:
Decision
JUSTICE K.R. MOHAPATRA ORDER 24.01.2024 This matter is taken up through hybrid mode. Petitioner in this writ petition prays for a direction to the Opposite Parties to grant legitimate share of usufruct of the Nilagiri Plantation in Chitra Reserve Forest to the members of the Petitioner-Samiti for protecting the Reserve Forest as per the Joint Forest Management Plan. In the alternative the Petitioner has prayed for a direction to dispose of the representation filed at Annexure-6 and 8 by State Government-Opposite Party No.1. 3. Mr. Lenka, learned counsel submits that the Petitioner is the member of the Maa Vairabi Vana Samrakshyan Samiti, Koraput (for brevity ‘the Committee’). The Committee was registered in the year 2004. Since then, the Committee is taking care and protecting the forest as per the provisions under the Joint Forest Management Resolution. Although the Committee is discharging its duties smoothly and diligently, but the share of usufruct is not being provided to them. In view of the above, the Petitioner, ventilating his grievances, made a representation to Commissioner-cum- Secretary, Department of Forest & Environment, Government of Page 1 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jan-2024 10:40:14 // 2 // Odisha, but to no effect. Hence, this writ petition has been filed. Earlier the Petitioner had moved this Court in W, P. (C) No. 3459 of 2020 which was disposed of vide order dated 4th March, 2020 with a direction to the Opposite Party No.1 to consider the grievance of the Petitioner, if moved in that regard. Due to intervention of COVID-19 the Petitioner could not act upon the direction of this Court. After normalcy in the situation the Petitioner moved the Opposite Party No.1 for redressal of their grievances by filing a representation on 25th April, 2022 (Annexure-8), but to no effect. 4. Mr. Lenka, learned counsel for the Petitioner further submits that a plea is taken in the counter affidavit to the effect that the Petitioner-Committee have not planted any tree. It is not sine- qua-none for the Petitioner to plant the tree to get the benefit in the aforesaid resolution. Since they are protecting the forest, as per the provisions of the Resolution, they should get the share from the usufruct as per provision under Rule 11 of the said Resolution, which reads as under: “11. Usufruct sharing: (i) The VSS / EDC shall be entitled to the usufructuary benefits from the assigned forests as under:— (a) Usufructs like fallen leaves, fodder grasses, thatch grass, broom grass, fencing materials, brushwood, fallen lops, tops and twigs to be used as fuel shall be available to the members free of cost. (b) All intermediate yields in the shape of small wood, poles, firewood etc as may be obtained as a result of silvicultural operations and bamboo harvested in VSS / EDC assigned area shall be made available to the VSS / EDC members in a manner as may be decided by EC. If sold at a price, the funds so obtained shall be deposited in the VSS / EDC account. Page 2 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jan-2024 10:40:14 // 3 // (c) In case of Kendu leaves and specified forest produce other than bamboo, if any, the VSS will have the right to collect the same from the assigned forest but these items will be disposed of as per the prevailing provisions of Government and practices. (d) While maintaining the forest cover in perpetuity, if any major harvest or final felling occurs in the assigned forest, the same shall be taken up by the forest department as per the prescription of the working plan/ duly approved micro plan. In case of natural calamities, harvesting of wind-fallen trees shall be treated as final harvest. Priority will be given to the members of the VSS /EDC for salvaging and harvesting work. Valuation of the produce so obtained shall be done and information shared with the VSS /EDC and the produce will be sold / disposed of by the forest department or by agents of the forest department. The VSS / EDC will receive 50% share of the sale price after deduction of proportionate harvesting cost and this will be deposited in the "VSS account". The VSS may also opt for 50% of the forest produce so 10 harvested if it is for their bonafide domestic use and they agree to pay the proportionate cost of harvesting. (e) In case of village woodlots created and maintained by the VSS / EDC on non forest land, all usufructs including interim and rotational harvests shall go to the VSS / EDC. (f) In the event of a natural calamity occurring in the village there may be a demand for house building materials and other forest produce from the assigned forest. In such cases, the VSS / EDC may go for harvesting the required quantity of timber or other forest produce as a deviation to the Micro Plan, with due approval of the Divisional Forest Officer concerned. (ii) The EC shall be responsible for the distribution of the usufructuary benefits equitably among the members of the VSS. Need of the group or community, who do not have any livelihood support other than depending on the forests, should be specially considered. (iii) In cases where member/ a group of members of the VSS /EDC play a major role in the collection of intelligence, detection and seizure of illegal forest produce in transit the concerned VSS/EDC shall be entitled to the prescribed percentage of the sale price of the forest produce as per Rule 4 (3) of the Orissa Page 3 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jan-2024 10:40:14 // 4 // Rewards for Detection of Forest Offences Rules, 2004. Such amount shall be deposited by the DFO in the “VSS account/EDC account" after disposal of the seized produce following due procedure of law.” 5. Mr. Mishra, learned Additional Standing Counsel, referring to the counter affidavit, submits that Maa Vairabi Vana Samrakshyan Samiti, Koraput was registered vide Registration No.536K/Jeypore dated 2nd April, 2004 under Section 4 of the Joint Forest Management Resolution dated 3rd July, 1993 in the office of the Divisional Forest Officer, Jeypore Forest Division. The Committee was given the responsibility for effective management for an area of 116 Hector at Chitra Reserve Forest out of an area of 2185.37 Hector under the territorial jurisdiction of Kotpad Section of Kotpad Forest Range, Chitra Forest Division. As per the micro plan document, prepared for Maa Vairabi Vana Samrakshyan Samiti, Koraput the assigned area was covered with luxuriant copies of Shal Crops and Eucalyptus tree raised by Orissa Forest Development Corporation during 1991-92. Pursuant to the prevailing guidelines of the Joint Forest Management Resolution 1993, the frequency to hold meeting by Vana Samrakshyan Samiti should be at least 4 times in a year for the Governing Body and executive body should meet at least once in every month for discussion and to record the minutes of the meeting for effective protection and management of the assigned area. Further, by virtue of the guidelines of Joint Forest Management Resolution, 2011, the frequency to hold general body meeting by Vana Samrakshyan Samiti is at least once in every six months and the executive body should meet not less than once in every two months. But, the Committee did not hold any meeting even once in all these years. Page 4 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jan-2024 10:40:14 // 5 // They have not taken any step to act in accordance with Rule 6 of the Joint Forest Management Resolution, 2011. Since they have not discharged their duties, they are not entitled to usufruct as per Rule 11 of the said Resolution. He, therefore, submits that the writ petition is liable to be dismissed. 6. Considering the submission made by learned counsel for the parties, this Court does not find a single scrap of paper of the Petitioner-Committee, namely, Maa Vairabi Vana Samrakshyan Samiti, Koraput in holding a meeting either in terms of Resolution 1993 or in terms of Resolution of 2011. Since a specific stand has been taken in the counter affidavit and a rejoinder affidavit has been filed, the Petitioner was expected to respond to the same, by filing relevant document in holding meeting of the General as well as Executive body of the Committee for appreciation of the Court. Thus, it appears that Maa Vairabi Vana Samrakshyan Samiti, Koraput has not discharged its duties in all these years. On the other hand, they are claiming a right under Rule 11 of the Resolution. 7. In course of hearing, Mr. Lenka, learned counsel for the Petitioner however submits that failure to convene a meeting should not deprive the Petitioner to get the right under Rule 11 of the Resolution. 8. Since the Petitioner-Committee did not discharge its duties as per the Resolution, as would be apparent from the materials on record, they are not entitled to any claim under Rule 11 of the said Resolution. 9. In that view of the matter, I am not inclined to entertain the writ petition. Page 5 of 5 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jan-2024 10:40:14 // 6 // 10. Hence, the writ petition is dismissed being devoid of any merit. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge Rojalin Page 6 of 5