The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 20-Mar-2024 15:46:53 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 32175 OF 2023 M/s Shyam Sundar Saw Mill, Jaraka Petitioner Mr. Suranjan Nayak, Advocate .... State of Odisha and others -versus- ….
Legal Reasoning
Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA Order No. 5. 1. 2.
Decision
ORDER 18.03.2024 This matter is taken up through hybrid mode. Petitioner in this writ petition prays for a direction to Opposite Parties more particularly the Opposite Party No.2- Principal Chief Conservator of Forest and HoFF, Odisha, Bhubaneswar to take prompt action on the application of the Petitioner – Shyam Sundar Saw Mill, Jaraka for its rehabilitation at the Jaraka Industrial Estate, within a stipulated time considering the recommendation made by the Divisional Forest Officer, Cuttack Forest Division-Opposite party No.3. 3. In course of hearing, this Court vide order dated 19th January, 2024 directed that if the matter is pending before Opposite Party No.2- Principal Chief Conservator of Forest and HoFF, Odisha, Bhubaneswar, he may be intimated to carry out the instruction given by the State Government within a period of two weeks therefrom. Pursuant to such direction of this Court, action taken by Opposite Party No.2 is filed in the shape of an affidavit, which it is stated as under:- Page 1 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 20-Mar-2024 15:46:53 // 2 // for “5. That, it is humbly submitted that every time opposite party No.3 (Divisional Forest Officer, Cuttack) is providing the information without any delay. During this process Opp. Party No.2 (Principal Chief Conservator of Forests & HoFF, Bhubaneswar) had placed the records of the said saw mill in the State Level Committee Meeting held on 31.1.2023 its rehabilitation. During scrutinization by the State Level committee, it was found that the records submitted in respect of the said saw mill was incomplete. So, Opp. arty No.2(Principal Chief Conservator of Forests & HoFF, Bhubaneswar) vide his memo No. 14123 dt.14.7. 2023 again asked for complete report from Opp. Party No.3(Divisional Forest Officer, Cuttack) which is legal as per the guidelines and in no way any deliberate inaction/delayed action has been made by the Opp. Parties. Further, on receipt of details offence report of the aforesaid Saw Mill from the DFO, Cuttack Division vide Memo No.8806 dt.29th Sep., 2023, the proposal of rehabilitation, relocation & establishment of Shyamsundar Saw Mill under Orissa of Saw Mill & Saw Pits (Control) Amendment Act, 2010 & Guideline dated 30/07/2011 issued by the Government of Odisha, Forest, Environment & CC Department has been placed before the State Level Committee (SLC) held on 19/10/2023 under chairmanship of Principal CCF & HoFF, Odisha, in which the case has been considered. As per the Provision laid down under Clause 3(b) of the Guideline dtd. 30/07/2011 of the Govt. of Odisha FE&CC Deptt. the SLC recommended to move to Govt. FE & CC Deptt. to necessary condonation of offence case (s) (in four numbers) relating to Shyamsundar Saw Mill., after which the case will be recommended to IDCO for allotment of land inside the Industrial Estate. It is humbly stated that the Opp. Parties are in the process of rehabilitating the above saw mill. Hence, the allegation made by the petitioner of M/s Shyamsundar Saw Mill is not true and is not tenable. In this regard the copy of letter dated 29.09.2023 along with its enclosure i.e. report regarding offences (OR cases) against the petitioner’s Saw Mill and copy of Minutes of Meeting dated 19.10.2023 of the State Level Committee are annexed herewith as ANNEXURE-A/3 and ANNEXURE-B/3 respectively. That so far as reply to para 2 to 11 of the writ 6. petitioner are concerned, the present deponent has no comments to offer.” Page 2 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 20-Mar-2024 15:46:53 // 3 // On perusal of the affidavit, it appears that on receipt of the detailed report of the DFO-Opposite Party No.3 regarding the Petitioner-Saw Mill, the proposal for its rehabilitation/relocation was placed before the State Level Committee (SLC) under the Chairmanship of Opposite Party No.2 on 19th October, 2023. As per the provision laid down under Clause 3(b) of the Guidelines dated 30th July, 2011 of the Government of Odisha in Forest, Environment and Climate Change Department for necessary condonation of the cases (in four numbers) relating to Petitioner- Saw Mill. After careful consideration, Government condoned the offences. Accordingly, the Opposite Party No.2 in the SLC meeting took immediate steps and intimated the Petitioner vide letter No.2629 dated 6th September, 2024 to furnish option for allotment of land for rehabilitation of the Saw Mill. After receipt of the options from the Petitioner, the Chief General Manager, IDCO, Bhubaneswar was moved vide letter No.493 dated 29th February, 2024 (Annexure H/3) for necessary allotment of the land in the Industrial Estate, Jaraka for establishment of the Saw Mill, which is pending for consideration. After receipt of clearance from IDCO, necessary orders shall be passed in that regard. Learned counsel for the Petitioner submits that IDCO may be directed to take immediate action on the options submitted for allotment of land. 4. Taking note of the submissions made by learned counsel for the parties, this Court finds that IDCO is not a party to the writ petition. Hence, no order can be passed directing IDCO for Page 3 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 20-Mar-2024 15:46:53 // 4 // taking any action for allotment of a land in the Industrial Estate, Jaraka for rehabilitation of the Petitioner-Saw Mill. 5. In view of the above, the writ petition is disposed of. It would be open to the Petitioner to move IDCO for expeditious allotment of land in its favour as per the options exercised by it. Issue urgent certified copy of the order on proper application. (K.R. Mohapatra) Judge s.s.satapathy Page 4 of 4