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2022 (6) TMI 1478 - ORISSA HIGH COURTRejection of proposal for grant of environment clearance in respect of Laigura Stone Quarry - whether the land in question where the Laigura Stone Quarry situates belongs to the Revenue Department or the Forest Department and if so, does it come under the proposed reserved forest area? - HELD THAT:- Referring to the pleadings and documents available on record under Annexure-M/6 series, the letter dated 03.09.2021 of opposite party no. 6 addressed to the Additional Govt. Advocate makes it clear that the proposed reserved forest has not yet been notified under Section-21 of the Orissa Forest Act, 1972 as reserved forest. As such, the notification dated 28.01.1980, which was issued under Section-4 of the Orissa Forest Act, 1972 declaring that it has been proposed to constitute as reserved forest lands of Mauza Langposh Baliturei of Lamna Forest Division under Mahulpali Police Station of Kuchinda Tahasil in the district of Sambalpur, the limits of which have been demarcated by cairns and line cleared to a width of 20' or by natural boundaries as specified therein, has not been given effect to. The legislators of the State of Odisha enacted Orissa Forest Act, 1972 giving paramount consideration to the protection and management of the forests and forest produce. Chapter-II of the Orissa Forest Act, 1972 deals with "Reserved Forest". Section-3 thereof provides that the State Government may constitute any land which is the property of the Government or over which the Government have proprietary rights of the reserved forest in the manner provided therein. In view of aforesaid provisions of law, the procedure which is required to be followed to declare the forest as reserved under Section 21 of the Orissa Forest Act by issuing notification, but the same has not yet been done so far as the present quarry area is concerned. In absence of any materials available on record with regard to compliance of the provision of law, the order passed by the Divisional Forest Officer vide letter dated 16.10.2020 under Annexure-11 issuing clarification regarding proposal of environment clearance of Laigura Stone Quarry over an area of 4.81 acres or 1.95 hectare at village Laigura, Tahasil- Kuchinda in the district of Sambalpur cannot sustain in the eye of law and consequential order of rejection passed by opposite party no. 7 dated 26.10.2020 referring to the letter of the Divisional Forest Officer addressed to the Tahasildar, Kuchinda refusing to grant environment clearance of the proposal under Annexure- 12 cannot also sustain in the eye of law. The writ petition is accordingly allowed.
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