Pranav B Prem

The Eastern Zone Bench of the National Green Tribunal (NGT), Kolkata, has constituted a fact-finding committee to investigate allegations of illegal tree felling and forest fire within a demarcated protected forest (DPF) area in Khurda district, Odisha. The action follows a petition filed by the Giri Gobardhan Forest Committee, a registered society entrusted with forest protection in the villages of Badapari, Bhobara, and Nuagaon.

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The application, filed under Original Application No. 85/2025/EZ, alleges that two private individuals—Bikash Kumar Das and his father Purna Chandra Das—have illegally cleared forest cover from both privately claimed and adjoining government lands falling within the Badapari DPF under Tangi Tehsil. The matter was heard by a bench comprising Justice B. Amit Sthalekar (Judicial Member) and Dr. Arun Kumar Verma (Expert Member) on 15 May 2025.

Advocates Sankar Prasad Pani and Ashutosh Padhy, appearing for the applicant, submitted that the accused individuals were felling trees and setting fire to forested land under the pretext of ownership rights. They contended that the land was part of a protected forest demarcated with boundary pillars and recorded in the name of the Forest Department, yet the private respondents had taken possession and were engaged in unlawful activities without any authorization from the forest authorities or the local forest protection committee.

The forest area in question is described as ecologically rich and spans over 700 acres, with dense vegetation and a variety of wildlife species including sambar, rabbit, khuranga, peacock, deer, wild boar, jungle cat, pangolin, elephants, and different types of snakes and birds. The petition further claimed that the region is home to numerous medicinal plant species used by local healers to treat various ailments, making it critical from a biodiversity perspective.

Specifically, the forested land is distributed across three villages—Badapari, Bhobara, and Nuagaon. According to the details provided in the application, 395.68 acres fall within Badapari, 95.798 acres in Bhobara, and 128.599 acres in Nuagaon. While a portion of 2.616 acres is recorded as orchard land (Bagayat Kisam) and has been mutated in the name of Respondent No. 10, the petitioner alleges that the surrounding land is part of a protected forest and that even this mutated land contains natural forest growth. It is alleged that the respondents have engaged in indiscriminate felling on both their claimed land and adjoining forest areas.

Taking cognizance of the allegations, the Tribunal issued notice to multiple respondents including:

• State of Odisha (through various departments and officers)

• Ministry of Environment, Forest and Climate Change (MoEF&CC)

• Deputy Director General of Forests, MoEF&CC (Integrated Regional Office, Bhubaneswar)

• Odisha Biodiversity Board

• Private Respondents Nos. 10 and 11 (alleged violators)

All respondents have been directed to file their counter-affidavits within four weeks.

To ascertain the factual position, the NGT constituted a two-member fact-finding committee comprising:

1. The Collector and District Magistrate of Khurda (or a representative not below the rank of Additional District Magistrate), and

2. The Divisional Forest Officer (DFO), Khurda (or a representative).

The committee has been tasked with visiting the site and submitting a fact-finding report on affidavit within four weeks regarding the allegations raised in the application. The Khurda District Magistrate has been designated as the nodal officer for all logistical purposes and for filing the report.

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Further, the Tribunal directed the applicant’s counsel to provide a soft copy of the original application and its annexures to the Additional Government Advocate representing the State and to the private respondents within 24 hours. The matter has been listed for the next hearing on 28 July 2025, by which time all affidavits and the fact-finding report are expected to be on record.

Appearance

For Applicant(s): Mr. Sankar Prasad Pani, Advocate a/w Mr. Ashutosh Padhy, Advocate (in Virtual Mode)

Cause Title: Giri Gobardhan Forest Committee V. State of Odisha & Ors. 

Case No: Original Application No.85/2025/EZ

Coram: Hon’ble Mr. Justice B. Amit Sthalekar  [ Judicial Member], Hon’ble Dr. Arun Kumar Verma  [Expert Member]

[Read/Download order]