Orissa High Court
Case Details
ORISSA HIGH COURT : CUTTACK WP(C) No.17114 of 2025 An application under Articles 226 & 227 of the Constitution of India. *** Anant Puri Das & Others … Petitioners. -VERSUS- State of Odisha & Others … Opposite Parties. Counsel appeared for the parties: For the Petitioners : Mr. J.K. Majhi, Advocate & Ms. Pratikhya Mohanty, Advocate For the Opposite Parties : Mr. S. Nayak, ASC P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA Date of Hearing : 08.07.2025::Date of Judgment : 23.07.2025 WP(C) No.17114 of 2025 Page 1 of 14 ANANDA CHANDRA BEHERA, J.— J UDGMENT 1. This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioners praying for directing the Opp. Parties for implementation of the directions given by this Court earlier in WP(C) No.35645 of 2022 and for providing adequate safety and protection to the existing trees and plantations on the Government land i.e. Plot Nos.21(P) & 22(P) under Khata No.3 comprising an area of Ac.7.796 dec. & Ac.0.280 dec. respectively (total Ac.8.076 dec.) in Mouza-Tangarahuda, P.S.-Cuttack Sadar No.20 in district of Cuttack from its unauthorized encroachment, destruction, damage, cutting and stealing by the antisocial elements and to accord necessary approval to the petitioners to take appropriate steps for protection of such existing trees and plantations on the above Government land in Mouza-Tangarahuda and to direct the Opp. Parties not to demand any rent for such works/activities of the petitioners for the protection of the above Government land from its encroachment in any WP(C) No.17114 of 2025 Page 2 of 14 manner as well as the existing trees and plantations thereon, as the petitioners are voluntary social workers and they (petitioners) shall perform their such works not for their any personal/individual benefit, but for the welfare and benefit of the State/Government, public and society as well. 2.
Legal Reasoning
I have already heard from the learned counsel for the petitioners and the learned Addl. Standing Counsel for the State. 3. In the final order dated 06.01.2023 passed in WP(C) No.35645 of 2022 filed by the petitioners, this Court had directed the Opp. Party No.1 (State of Odisha) to consider and deal with petitioners’ undated representation vide Annexure-18 and to inform the petitioners its result within four weeks of the communication of the said order and also directed the State to see that, the plantations over Plot Nos.21(P) & 22(P) under Khata No.3 comprising an area of Ac.7.796 dec. & Ac.0.280 dec. respectively (total Ac.8.076 dec.) in Mouza-Tangarahuda, P.S.-Cuttack Sadar No.20 in district of Cuttack is not encroached upon. WP(C) No.17114 of 2025 Page 3 of 14 4. When in spite of such final order dated 06.01.2023 passed in WP(C) No.35645 of 2022, the Opp. Party No.1 did not communicate anything to the petitioners concerning the disposal of their representation and did not take any step for the protection and safeguard of the above Government land, trees & plantations thereon from its encroachment, destruction, damage, cutting and stealing by the antisocial elements, then, the petitioners being the trustees of a spiritual institution i.e.Bhakti Vedanta Ashram Parichalana Samiti as well as social workers again approached this Court by filing this writ petition praying for the aforesaid reliefs for the protection of the above Government land as well as existing trees and plantations on the same. 5. It has been specifically stated in the writ petition by the petitioners that, the trees including some fruit bearing trees on the Plot Nos.21(P) & 22(P) under Khata No.3 comprising an area of Ac.7.796 dec. & Ac.0.280 dec. respectively (total Ac.8.076 dec.) in Mouza-Tangarahuda, P.S.-Cuttack Sadar No.20 in district of Cuttack are now WP(C) No.17114 of 2025 Page 4 of 14 fully grown, for which, it is the duty of the State/Government to protect the said Government land as well as trees and plantations on the same. The petitioners have also further stated in their writ petition that, they (petitioners) are the members of a secular and spiritual organization and they are working for the welfare and benefit of the society, for which, they (petitioners) are eagerly interested for the protection of the above vital plantations on Government land from its unauthorized encroachment, destruction and damage in any manner for no other reason, but only for the welfare and benefit of the society in order to maintain the ecological equilibrium. Because, the existing trees and plantations on the above Government land are facing threats of its destruction, damage, cutting and stealing by antisocial elements, but the Opp. Parties are not taking adequate steps for the protection of the said vast areas of Government land, trees and plantations thereon. The above inaction of the Revenue Authorities i.e. Opp. Parties shall WP(C) No.17114 of 2025 Page 5 of 14 ultimately cause the loss of the society, Government & Public as well as the petitioners also. 6. Non-implementation of the final order dated 06.01.2023 passed in the earlier writ petition vide WP(C) No.35645 of 2022 by the State (Opp. Party No.1) for safeguarding the land as well as existing trees and plantations on the Government Plot Nos.21(P) & 22(P) under Khata No.3 comprising an area of Ac.7.796 dec. & Ac.0.280 dec. respectively (total Ac.8.076 dec.) in Mouza- Tangarahuda, P.S.-Cuttack Sadar No.20 in district of Cuttack has ultimately created a continuing cause of action for the petitioners for filing of this writ petition in view of the principles of law enunciated in the decisions between Gourahari Lenka Vs. State of Odisha & Others decided in WP(C) No.34606 of 2021 on 06.01.2023, Deokinandan Prasad Vs. State of Bihar & Others reported in 1971 AIR 1409 & Bibekananda Mondal Vs. State of West Bengal reported in (2003) 1 WBLR (Cal.) 213, wherein it has been clarified that, when authorities fail to implement judicial directions passed in a writ petition, WP(C) No.17114 of 2025 Page 6 of 14 the affected parties thereof have the right to approach the Court for enforcement of the same by filing an another writ petition” When, this writ petition has been filed by the petitioners on the ground of non-implementation of the order passed in the earlier writ petition vide WP(C) No.35645 of 2022, then, in view of the principles of law enunciated in the ratio of the above decisions, it cannot be held that, this writ petition filed by the petitioners is not maintainable under law. For which, in other words, it is held that, this writ petition filed by the petitioners is maintainable under law. 7. It appears from the averments and prayers made by the petitioners in this writ petition that, the petitioners have not sought for any relief for their any personal/individual gain or benefit, but only for the welfare and benefit of the State, society and public at large. Because, they (petitioners) have prayed for directing the Opp. Parties for providing adequate safety, security and protection to the land along with existing trees and plantations over WP(C) No.17114 of 2025 Page 7 of 14 Government land vide Plot Nos.21(P) & 22(P) under Khata No.3 comprising an area of Ac.7.796 dec. & Ac.0.280 dec. respectively (total Ac.8.076 dec.) in Mouza-Tangarahuda, P.S.-Cuttack Sadar No.20 in district of Cuttack from its encroachment, destruction, damage, cutting & stealing by the antisocial elements and also to give permission to them (petitioners) to work for the protection of the said vast areas of Government land from its encroachment along with trees and plantations thereon for maintaining the ecological equilibrium in the society without demanding any money from them (Opp. Parties) for their such work, as they (petitioners) are social workers and their such works shall be purely voluntary for the welfare of the society. 8. It is the case of the parties that, there are trees and plantations on above Government land in Mouza- Tangarahuda and the petitioners are interested to assist the Opp. Parties for the protection and safeguard of the above Government land as well as the existing trees and plantations on the said land in order to save the trees and plantations from its cutting, damaging, stealing by the WP(C) No.17114 of 2025 Page 8 of 14 antisocial elements, for which, they (petitioners) have prayed for directing the Opp. Parties to accord them (petitioners) permission to work voluntarily for the protection of the properties, trees and plantations over the above Government Land without demanding any money from them (petitioners) by the Opp. Parties for their such noble and welfare works for the society and public at large, as the tress and plantations are essential for environmental preservation, peace and ecological equilibrium in the society. 9. The law concerning the locu standie of the petitioners for filing this nature of writ petition, requirements/necessities of the trees and plantations as well as the protections/preservations of the land, trees and plantations on the Government land has already been clarified in the ratio of the following decisions: I. In a case between Hari Ram Vs. Jyoti Prasad and Another reported in 2011 (1) OJR (SC) 438 (Para Nos.20 to 23) that, any member of a community may successfully bring a suit or proceeding to assert his right in the community property or for protecting such property by seeking removal of encroachment therefrom. WP(C) No.17114 of 2025 Page 9 of 14 II. In a case between M.C. Mehta Vs. Kamal Nath & Others reported in (1997) 1 SCC 388 that, Constitution of India, 1950—Articles 21 & 32— Ecology—Public Trust doctrine—Is part of the Indian law—It extends to natural resources such as rivers, forests, seashores, air etc. for the purpose of protecting the ecosystem. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the sea-shore, running waters, airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership. III. In a case between M.C. Mehta Vs. Union of India & Others (24.10.2018) reported in IV (2018) Civil Law Times 429 (SC) that, Right to life as envisaged under Article 21 of the Constitution of India includes right to decent environment and right of citizen to live in a clean environment. Right to clean environment is fundamental Right. Right to live with human dignity becomes illusory in absence of healthy environment. If there is conflict between health and wealth, health will have to be given precedence. When health of entire citizenry including future citizens of country are concerned, larger public interest has to outweigh much smaller pecuniary. IV. In a case between Common Cause, a Registered Society Vs. Union of India & Others reported in (1999) 6 SCC 667 that, Duty of the Court—The Court has also invoked the “Doctrine of Public Trust” which is a doctrine of environmental law under which the natural resources such as air, water, forest, lakes, rivers and wildlife are public properties “entrusted” to the Government for their safe and proper use and proper protection. Public Trust Law recognizes that, some types of natural resources are held in trust by the Government for the benefit of the public. WP(C) No.17114 of 2025 Page 10 of 14 V. In a case between M.C. Mehta Vs. Union of India & Others reported in (2004) 12 SCC 118 that, the approach of the Court has to be liberal towards ensuring social justice and protection of human rights. Public health and ecology has priority over unemployment and loss of revenue. Because, environment is the basic source of life. VI. In a case between Subash Kumar Vs. State of Bihar & Others reported in (1991) 1 SCC 598 that, right to pollution free water and air for full enjoyment of life, held, covered by Article 21 of the Constitution. VII. In a case between Vellor Citizens Welfare Forum Vs. Union of India & Others reported in AIR 1996 (SC) 2715 that, the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. 10. When the petitioners being the social workers as well as the members of a spiritual organization, have filed this writ petition praying for directing the Opp. Parties for providing adequate safety and protection to the above Government land as well as the existing trees and plantations on the same i.e. on Plot Nos.21(P) & 22(P) under Khata No.3 comprising an area of Ac.7.796 dec. & Ac.0.280 dec. respectively (total Ac.8.076 dec.) in Mouza-Tangarahuda, P.S.- Cuttack Sadar No.20 from its unauthorized encroachment as well as from the destruction, damage, cutting and stealing of the trees and plantations thereon and to permit them (petitioners) to assist the Opp. Parties for safeguarding and protecting the above Government land as well as the existing WP(C) No.17114 of 2025 Page 11 of 14 trees and the plantations on the same and when the trees and plantations on the above vast areas of Government land are coming within the purview of natural resources and the same are forest as well as public properties and when the said existing trees and plantations on the above vast areas of Government land are providing pollution free air as well as maintaining ecological equilibrium in the society safeguarding the rights of the citizens ensuring to live in a clean, hygienic and safe environment and when by an order dated 17/18.07.2022, the State has declared the entire State as air pollution control area and when the approach of the Courts has to be liberal towards ensuring social justice, protection of human rights giving priority to the public health and ecology over unemployment and loss of revenue and when the environment is the basic source of life, then, at this juncture, by applying the principles of law enunciated in the ratio of the aforesaid decisions of the Apex Court, the reliefs sought for by the petitioners in this writ petition for a direction to the Opp. Parties to take adequate measures for safeguarding and protecting the above Government land along with existing trees and plantations on the same from its encroachment, destruction, damage, cutting & stealing and to allow the petitioners for providing their assistance to the Opp. Parties voluntarily without the demand of any WP(C) No.17114 of 2025 Page 12 of 14 remuneration by the petitioners from the Opp. Parties for their such noble social works, then, at this juncture, by applying the principles of law enunciated in the ratio of the above decisions, it cannot be held that, the prayers of the petitioners in this writ petition are unreasonable, as the prayers of the petitioners in this writ petition are not for their any personal/individual gain or benefit, but only for the welfare and benefit of the society, Government as well as public at large. 11. Therefore, there is no justification under law to
Decision
disallow the writ petition filed by the petitioners. 12. In result, the writ petition filed by the petitioners is allowed. 13. The Opp. Parties are directed to take immediate steps for safeguarding and protecting the vast areas of the Government land i.e. Plot Nos.21(P) & 22(P) under Khata No.3 comprising an area of Ac.7.796 dec. & Ac.0.280 dec. respectively (total Ac.8.076 dec.) in Mouza-Tangarahuda, P.S.-Cuttack Sadar No.20 from its unauthorized encroachment in any manner and also to protect the existing trees and plantations thereon from its destruction, damage, cutting & stealing by any antisocial elements or WP(C) No.17114 of 2025 Page 13 of 14 others, if any, implementing the direction given earlier in WP(C) No.35645 of 2022 permitting/allowing the petitioners to work voluntarily for safeguarding and protecting the said Government land as well as existing trees and plantations on the same for the environmental preservations, maintenance of ecology, peace and welfare of the Society, Government/State as well as public at large without demanding any money from the petitioners for their such free voluntary noble social works for the protection of the land, trees and plantations on the above Government land from its unauthorized encroachment as well as from its damage, cutting, stealing of the trees and plantations thereon by anybody. 14. As such, this writ petition is disposed of finally. (ANANDA CHANDRA BEHERA) JUDGE High Court of Orissa, Cuttack The 23 .07. 2025// Rati Ranjan Nayak Sr. Stenographer Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 24-Jul-2025 12:05:09 WP(C) No.17114 of 2025 Page 14 of 14