State of
Orissa Vs. Duti Sahu & Ors [1997] INSC
24 (13 January 1997)
K.
RAMASWAMY, G.T. NANAVATI
ACT:
HEAD NOTE:
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;
(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.
Back
