The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK RVWPET Nos. 281 & 282 of 2022 Sradhananda Mishra and others (In RVWPET No.281 of 2022) …. Petitioners Samyak Kumar Mohanty and others (In RVWPET No.282 of 2022) Mr. Ranjan Kumar Rout, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Arnav Behera, Additional Standing Counsel CORAM: THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.
Decision
ORDER 21.09.2023 RVWPET No.281 of 2022 02. 1. This matter is taken up through Hybrid Mode. 2. Heard Mr. Ranjan Kumar Rout, learned counsel appearing for the review Petitioners and Mr. Arnav Behera, learned Additional Standing Counsel (ASC) appearing for the Opposite Parties-State. 3. This review petition is directed against the order dated 22nd September, 2022 passed in W.P.(C) No.14941 of 2016, whereby this Court has observed that the challenge against the notification dated 23rd April 1984, published by the Forest and Fisheries Department and the notification dated 1st September, 1987 under the Wild Life Protection Act by demarcating the boundaries of the Page 1 of 6 Balukhand-Konark wildlife Sanctuary is unsustainable inasmuch as these notifications held the field for well over 35 years now and it is too late in the day for the Appellant to wake up in 2016 to challenge them. 4. It has been also observed that there is no valid explanation for the delay and laches in seeking such relief before the Court. Consequently, the Court dismissed the writ petition being bereft of merit. 5. Mr. Ranjan Kumar Rout, learned counsel appearing for the Petitioners in this review petition, has stated that it will be apparent from the reply affidavit filed by the Opposite Parties No.1 and 5 in response to the rejoinder of the Petitioners that the lands of the Petitioners are not brought under the acquisition proceeding in terms of Sections 19 to 25 of Wildlife (Protection) Act as available at Annexure-5 of the writ petition. The plots of the Petitioner are well within the movement corridor of wildlife i.e. migration/free movement route. 6. Eco Sensitive Zone (ESZ) around all the sanctuaries and National Parks in the Country have been notified by the Ministry of Environment, Forest & Climate Change, Government of India, Page 2 of 6 based on the judgment of Hon’ble apex Court. The Eco Sensitive Zone has been declared around the Balukhand-Konark wildlife Sanctuary at a width of 500 meters in landward side from the boundary of the sanctuary. The Eco Sensitive Zone (ESZ) is to be monitored through a Monitoring Committee duly constituted as per the notification of the Eco Sensitive Zone of Balukhanda-Konark Wildlife Sanctuary. Since the detailed list of the plots Mouza wise, coming within the sanctuary and its ESZ has not been prepared, it was decided to stop registration of the transfer deeds. The D.F.O., Puri Wildlife Division (Opposite Party No.5) was requested by the 3rd Monitoring Committee on 22.03.2018 to prepare the list of the Plots mouza wise coming within the sanctuary and its ESZ. The work has been completed and the prepared booklet has been circulated to all concerned in the meanwhile. In the 4th Monitoring Committee Meeting held on 04.08.2018, the restriction imposed on registration has been relaxed to the extent that the permission will be accorded on case to case basis. 7. It has been further stated as follows: “It is further relevant to mention here that this Hon’ble Court in O.J.C. No.1118 of 1991 vide order dtd 19.07.1991 directed to complete the process of final declaration within six (6) months. The Forest Page 3 of 6 Settlement Officer on behalf of the Collector, Puri has submitted his enquiry report on 01.10.1992 to the Government for scrutiny and taking further action. Monitoring Committee has no role to play in relation to pending of final notification process. Hence, the contrary allegations being devoid of merit are liable to be rejected.” 8. It is apparent from the said averments of the Opposite Parties No.1 and 5 that the final declaration in that regard is awaiting. It has been admitted that the land of several villagers has fallen within the sanctuary land which was declared by the notification dated 01.09.1987 (published in the Oriya Gazette). We are satisfied that the process is incomplete, but, at the same time, we declare that the declaration made under Section 18 of the Wildlife (Protection) Act, 1972 on 01.09.1987 is valid and within the competence of the State. But, at the same time, the Collector, Puri has to determine the rights of the persons in and over the land comprised within the limits of the sanctuary. We have gathered that the said exercise has not been taken up as yet, resulting in non-publication of the final notification. It is really surprising that for such a long time, the rights were not determined by the Collector, Puri. It has been stated by Mr. Rout that the persons having the land inside the sanctuary Page 4 of 6 are not allowed to get their usufructs or to exercise the other rights of enjoyment including possession. 9. In such circumstances, we modify the order dated 22nd September 2022 and direct the Collector, Puri to determine the rights of the persons (villagers) in and over the land comprised within the limits of the sanctuary. Such exercise shall be completed within 31st December, 2024. The Collector, Puri shall make a public notification inviting the claim of the persons/villagers in and over the land comprised within the limits of the sanctuary as declared by the said notification dated 01.09.1987. Due notices shall be served on the interested persons. The deadline for submitting the claim shall be three months from the date of publication of the notification. At the time of consideration, the competent authority may re-determine their notified area of forest. During that exercise, the report filed by the Forest Settlement Officer shall be taken into consideration. 10. In the above terms, this review petition stands disposed of. A copy of this order be furnished to Mr. Arnav Behera, learned Additional Standing Counsel for transmitting the same to the District Collector, Puri. Page 5 of 6 RVWPET No.282 of 2022 11. In the similar terms of the order passed in RVWPET No.281 of 2022, this review petition is disposed of. Chief Justice (S. Talapatra) Judge (Chittaranjan Dash) S. Behera Signature Not Verified Digitally Signed Signed by: SUMANTA BEHERA Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 26-Sep-2023 11:32:39 Page 6 of 6