Full Judgment Text
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PETITIONER:
STATE OF ORISSA
Vs.
RESPONDENT:
DUTI SAHU & ORS.
DATE OF JUDGMENT: 13/01/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned.
Leave granted.
Heard learned counsel for the parties.
This appeal by special leave arises from the judgment
dated March 29, 1996 passed by the division Bench of Orissa
High Court in O.J.C. No. 1389/96. The admitted position is
that the respondents are displaced persons and they sought
for and were granted assignment of the land in reserved
forest by the State Government on various dates between 1982
and 1985 for cultivation. One of the conditions for the
grant was that the trees standing on the land allotted to
them "Shell be the property of the State Government" It is
clear from Section 2 of the Forest Conservation Act 1980
that it contemplates restrictions on the dereservation of
forests or use of forest land for non-forest purpose and
postulates thus:
"Notwithstanding anything contained
in any other law for the time being
in force in a State, no State
Government or other authority shall
make, except with the prior
approval of the Central Government
any order directing-
(i) that any reserved (with in the
meaning of the expression "Reserved
forest" in any law for the time
being in force in that State) or
any portion thereof shall cease to
be reserved;
(ii) That any forest land or any
portion thereof may be used for any
not-forest purpose;
(iii) that any forest land or any
portion thereof may be assigned by
way of lease or otherwise to any
private person or to any authority,
corporation, agency or any other
organisation not owned, managed or
controlled by Government;
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(iv) that any forest land or any
portion thereof may be cleared of
trees which have grown naturally in
that land or portion, for the
purpose of using it for
reafforestation."
Having overlooked these crucial statutory provisions,
the High Court has directed, by the impugned order, at the
behest of the respondents, by way of writ of mandamus,
issuance of Timber Transit permits to the respondents. the
question is: whether the impugned direction issued by the
High court s correct in law? Except with prior permission of
the Central Government, deforestation is impermissible. It
is seen that it cannot be disputed that land are situated
within reserved forest area. In the lands assigned to the
petitioner, the trees are standing. In terms of the grant
made to them, the trees belong to the Government. Under
those circumstances, for the reason that it is reserved
forest area since the grant was made only for the purpose of
cultivation the respondents have no manner of right
whatsoever to deforest the land and to cut and carry the
trees belonging to the Government much less with out the
permission of the any authority.
The appeal is accordingly allowed. the order of the
High Court stands set aside. No costs.