The National Green Tribunal (NGT) dismissed a Petition filed stating that Industry Development Corporation has proposed to acquire 100 acres of land for setting up of industry by TRL Krosaki in Byree and Amiyajhari Mouza of Darpan Tahasil in Jajpur District Odisha.
It is stated that the parent company is situated at Belpahar, Jharsuguda and is engaged in manufacturing of refractories and proposes to set up one such unit in Jajpur District also. It is also stated that the nature and size of the proposed industry has not been shared in the public domain. The proposed plots are in Byree Mouza along with other plots in adjoining Amiyajhari Village.
The allegation is that the factory proposed to be set up is only 100 meters from the settlement of Amiyajhari Village and is completely located within the proposed reserve forest under the Byree Forest Range and it is also proposed to replace the forest land with revenue land for which draft is being prepared.
It is stated that the land in question is part of the Byree protected forest and, therefore, approval of the Central Government under the Forest (Conservation) Act, 1980 is mandatory prior to transfer of the land for non-forest use.
It is alleged that there are already two large factories, one Cement Factory and one Sponge Iron Factory around the settlement and if another factory is allowed to be set up, the health of the general public in the area would be seriously affected.
It is also alleged that the proposed place is situated between four hills and is home to various species of animals such Elephants, Deer, Wildboar, Jackals, Peacocks, Turtle and many rare reptiles. It is stated that the land schedule with boundary pillars for the proposed project shows 100.185 acres of land has been allotted for the proposed project in Byree and Amiyajhari Village. It is further alleged that the Terms of Reference in the present form has been rejected but the Project Proponent has already started cutting thousands of trees to change the status of the land.
Additional affidavit dated 09.02.2024 has been filed by the Applicant stating that the Divisional Forest Officer, Cuttack, has requested the District Magistrate, Jajpur, vide his letter dated 30.03.2013 for declaring 298 hectares (736.62 acres) of Demarcated Protected Forest as ‘Proposed Reserve Forest’ under Section 4 (1) of Odisha Forest Act, 1972.
It is stated that the Divisional Forest Officer, Cuttack, has again requested the District Magistrate, Jajpur, vide his letter dated 15.11.2022 for taking steps to notify the Proposed Reserve Forest. It is also stated that 100 acres of land earmarked for the proposed industrial purpose is a part of 736 acres of Demarcated Protected Forest.
The Eastern Bench of Justice B. Amit Sthalekar and Justice Dr. Arun Kumar Verma noted that in paragraph-1 of the Original Application itself, it has been stated that the Applicants are residents of Amiyajhari and Byree Village who are concerned with the attempt to fell thousands of trees for the proposed industry without Environmental Clearance and Forest Clearance. On the Applicants’ own showing Environmental Clearance or Forest Clearance has not been granted till date.
The Bench is of the view that the Applicants’ grievance is wholly premature, since even from the additional affidavit of the Applicant it appears that the land in question has not been notified as a ‘Reserve Forest’. “No doubt, the land may not be declared as a ‘Reserve Forest’ or ‘Protected Forest’ but even otherwise, if it possesses the characteristic of a ‘forest’ the trees standing thereon would require protection by the Divisional Forest Officer in accordance with law, with the agencies of the Civil Administration as available to him. “
Further the Bench is of the view that no direction can be given to IDCO or the District Administration to find alternative land for the proposed project of Respondent No.10, since that is a matter to be examined by the Competent Authority. Environmental Clearance or Forest Clearance has admittedly not been granted and, therefore, the opportunity of personal hearing would still be available to the stakeholders.
Through in the additional affidavit, the Applicant has prayed that the observations of paragraph-11 of the Original Application, “It is needless to state that after refusal to grant Terms of Reference in the present form, the Proponent has already started cutting thousands of trees to make the project fait accompli and change the status”, be ignored and it is stated that those lines have been inadvertently inserted in paragraph-11 of the Original Application. This means that the allegation that proponent is cutting thousands of trees is incorrect and the question that Terms of Reference has been refused is also under a cloud , the NGT noted.
“Be that as it may, we are of the view that the present Original Application seeking the reliefs in the light of the facts stated in the Original Application and in the additional affidavit is wholly premature”, the order reads.