Supreme Court – Daily Orders
The State Of Odisha vs Tapan Kumar Baral (Dead) (Through Lrs on 28 July, 2025
Author: J.K. Maheshwari
Bench: J.K. Maheshwari
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4903 OF 2022
THE STATE OF ODISHA & ORS. … Appellants
VERSUS
TAPAN KUMAR BARAL (DEAD) THROUGH LRS. & ANR. … Respondents
O R D E R
1. In the instant appeal, the order1 passed by the National
Green Tribunal, Eastern Zone, Kolkata dated 23.05.2022 has
been assailed by the Appellants i.e. State of Odisha. The
directions as issued by the Tribunal in the said original
application are as under:-
“17. We, therefore, direct our observations
against the Assistant Director of Horticulture,
Jajpur and the Collector & District Magistrate,
Jajpur, be brought to the notice of the Chief
Secretary, to the notice of Govt. of Odisha.
18. In this view of the matter, we allow this
Original Application and restrain the
Respondents from utilising the land in question
for any purposes other than forest purposes.
The Divisional Forest Officer, Cuttack Forest
Division, Respondent No. 5, and the District
Magistrate, Jajpur, Respondent No.4, are also
directed to remove the Guava Plantations
situated on the land in question and file an
Signature Not Verified
affidavit of compliance in this regard within a
Digitally signed by
Gulshan Kumar Arora
Date: 2025.08.08
16:57:40 IST
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Reason: Original Application No. 59/2021/EZ
2
period of two months i.e., 31.07.2022.
19. The State Government is also directed to
deposit a sum of Rs. 1 crore with the
Divisional Forest Officer, Cuttack Forest
Division, towards Environmental Compensation
within a period of two months and file an
affidavit of compliance in this regard.
20. However, it will be open for the State
Government to apply for conversion of the
forest land in question for non-forest use as
per the provisions of Section 2 of the Forest
(Conservation) Act, 1980.
21. We further direct that the Divisional
Forest Officer, Cuttack Forest Division, in
consultation with the District Magistrate,
Jajpur, will utilize this money for development
of a Biodiversity Park in the area by planting
a mix of endemic trees including medicinal
plants and a Herbal Garden. The aim should be
to improve the genetic and ecosystem diversity
of the area in question.”
2. After issuance of the notice on 29.07.2022, as per order
dated 26.11.2024 passed in the proceedings, a Fact Finding
Enquiry Committee was constituted with respect to removal of
Guava trees and the report of the Expert Agency of the Central
Government was directed for appreciating the issue herein.
Consequently, a fact-finding report was submitted by expert
agency headed by Dy. Director General of Forests (Central)
before this Court, which is reproduced as under in detail:-
“The DFO and other officials as well as the
Revenue officials present during the site
inspection said that there has been no felling
of trees.
Based on DSS analysis of KML file of that area,
vegetation cover as on date 18.05.2021, were
3verified from Google Map. It was observed that
approximately 23.5 Ha (58.06 acres) of land was
covered with scrub and bushy vegetation between
05.01.2011 and 18.05.2021. During site
inspection, fresh sprouts of Mahua (Madhuca
longifolia) and Kend (Diospyros Melanoxylon)
species were found which indicate that there
was some bush of Mahua, Kend etc., which has
been cleared before digging up of soil for
planting of Guava (Photocopy of the DSS
Analysis Map annexed as Enclosure VI).
As per the Forest (Conservation) Act, 1980:-
Section – 2:- Restriction on the de-reservation
of forests or use of forest land for non-forest
purpose —(1) 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 forest (within 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 non-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 subject to such terms and
conditions, as the Central Government may, by
order, specify; [Inserted by the Forest
(Conservation) Amendment Act (69 of 1988),
Section 2 (15.3.1989)]
(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.
[Explanation. [Substituted by the Forest
(Conservation) Amendment Act (69 of 1988),
Section 2 (15.3.1989)] – For the purposes of
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this section, “non-forest purpose” means the
breaking up or clearing of any forest land
or portion thereof for-
(a) the cultivation of tea, coffee,
spices, rubber, palms, oil-bearing
plants, horticultural crops or medicinal
plants;
Plantation of Guava (a horticultual crop) is a
non-forestry activiy as per the Van (Sanrakshan
Evam Samvardhan) Adhiniyam, 1980, with
amendments made in 1988 and 2023.
From the above, it is evident that at least
874.23 acres of forest land has been handed
over to horticulture department for Guava
plantation (which is a horticultural species)
without prior approval of the Central
Government as per the Van (Sanrakshan Evam
Samvardhan) Adhiniyam, 1980, with amendments
made in 1988 and 2023.
The committee also feels that there is no need
to uproot the Guava seedlings. Indigenous tree
species may be planted in between the Guava
Plantation, and the rest of the forest land
which is blank should also be developed into
miscellaneous plantation by raising different
species of indigenous plants. At least 18-
month-old seedlings may be raised with
provision for watering and protection.”
3. Thereafter on 02.05.2025, on the request made by the
learned counsel for the Appellants, time was allowed to file
an affidavit explaining steps to be taken to mitigate the
factors as highlighted in the expert report. In furtherance
to the same, the compliance affidavit has been filed by the
Appellants wherein proposed corrective measures to mitigate
5
the circumstances have been suggested. The relevant part of
the compliance affidavit is reproduced as under:-
“That I am the Collector and District
Magistrate, Jaipur, Odisha. I am duly
authorized to file this Affidavit on behalf of
the Petitioner-State. I am aware of the facts
of the present case and as such I am competent
to affirm this Affidavit.
2. That vide order dated 02.05.2025, this
Hon’ble Court has directed the Petitioner-State
to file an affidavit, as follows:-
“1. The fact finding report has
been submitted by the Ministry of
Environment and Forests and Climate
Change which is taken on record.
2. Learned counsel for the
petitioner prays for and is granted
two weeks time to file an affidavit
to mitigate the factors as stated in
the report.
3. List after two weeks.”
3. It is submitted that in compliance of the
order dated 26.11.2024, the Dy. Director
General of Forests (Central), Ministry of
Environment, Forests and Climate Change
submitted a Fact-finding enquiry report wherein
inter alia the following recommendation was
made :
“The committee also feels that there
is no need to uproot the Guava
seedlings. Indigenous tree species
may be planted in between the Guava
Plantation, and the rest of the
forest land which is blank should
also be developed into miscellaneous
6plantation by raising different
species of indigenous plants. At
least 18-month-old seedlings may be
raised with provision for watering
and protection.”
4. It is submitted that Tahasildar, Sukinda
identified a total of 886.23 acres as suitable
for orchard development at Sukinda. Demarcated
in three villages — Damodarpur, Botalanda and
Karagola — covering a total area of 550.83
acres was carried out, as per the report dated
28.04.2021 submitted by the Revenue Inspector
of Nizigarh.
5. This 550.83 acre land is a contiguous patch
and fenced for plantation purpose. Out of this
fenced land, Guava plantations have already
been undertaken in 350 acres. The rest 335.4
acres of land out of a total of 886.23 acres
initially identified, is fragmented and has
never been used for non-forest purpose. Any
future proposal with respect to this 335.4
acres will be considered strictly in accordance
with the provisions of Forest Conservation Act,
1980.
Proposal for 550 acres
6. A gap plantation initiative will be
implemented in existing guava plantation area of
350 acres (140 hectares), while rest 200 acres
(80 hectares) will be brought under new
plantation activities under the forest
department. Indigenous species will be planted
under both initiatives, as detailed below:
Gap Plantation in 350 acres
7. The gap plantation initiative will be
undertaken across 350 acres (140 hectares) with
a planting density of 200 plants per hectare,
ensuring biodiversity, optimal growth and
ecological balance. Approximately 28,000 nos.
of 18 month old indigenous saplings — including
Amla, Ber, Arjun, and Asan — will be planted to
fill existing gaps among guava trees, at an
estimated cost of Rs. 1.10 Crore, to be incurred
7
from the funds of district Mineral Foundation
(Refer Table-1). Species have been selected
based on their compatibility with the existing
orchard, adaptability to local climate and soil,
and their environmental benefits.
Table: 1: Total Estimated Cost for Gap
Plantations
Type of plants Number of Estimated Project
(Indigenous Plants Cost (in Rs)
Species)
Amla 10,000 39,50,000
Ber 10,000 39,50,000
Asan 4,000 15,78,000
Arjun 4,000 15,78,000
Total 28,000 1,10,56,000
8. The above-mentioned cost estimate is based
on the norms prescribed by the State Forest
Department under Office Order No. 292 dated 12 th
March 2025, which specifies an estimated cost
of Rs.3,95,000/- for 1,000 plants. This
estimate includes both plantation and
maintenance for a period of three years.
However, as watch and ward and fencing costs
are already covered under the existing
provision for guava plantation in the 350-acre
patch, these components have been omitted from
the current estimate. The total cost for the
gap plantation (per 1000 Plant) is presented in
the table below.
Table: 2- Estimated cost for Gap plantation
(per 1000 plants)
Year Mandays Labour Material Monitoring Total Cost
to be Cost Cost &
generated Supervision
Charge
0th Year 50 22,600.00 15,000.00 7,993.00 45,593.00
(Pre-
plantation
1st Year 86 38,872.00 80,630.00 8,687.00 1,28,189.00
2nd Year 59 26,668.00 1,08,515.00 10,967.00 1,46,150.00
8
3rd Year 20 9,040.00 56,200.00 7,330.00 72,570.00
Total 215 97,180.00 2,60,345.00 34,977.00 3,92.502.00
Plantation in Remaining 200 Acres (80 Hectares)
within fenced area:
9. The remaining 200 acres will be afforested
over the next two years (FY 2025-26 and FY
2026-27) because there is limited time
available for the plantation works for the year
2025-2026. Plantation activities are only
carried out during the month of July to
September. Plantation during July to September
is ideal because the monsoon rain provides
ample soil moisture essential for strong root
growth and high sapling survival, while
reducing the need for irrigation and lowering
costs. The favourable combination of humidity,
moderate temperature, and an extended growing
season allows young plants to establish well
before winter. Additionally, preparing the
soil in summer through pit digging, composting,
and moisture conservation ensure that the land
is ready to support healthy growth. Pre-
plantation activities have already commenced.
Indigenous tree species such as Asan and Arjun
will be planted as a density of 1,000 plants
per hectare.
10. The detail plan for plantation in these
200 acres has been mentioned below.
a. In FY 2025-26, a total of 50 acres (20
hectares) will be afforested with indigenous
species such as Asan and Arjun, at a
planting density of 1,000/- plants per
hectare. The cost estimate is based on the
norms prescribed by the State Forest
Department under Officer Order No. 292 dated
12th March 2025 (Annexure 20), enclosed
herewith. The per-hectare cost is Rs.6.1
lakh, excluding fencing costs, as the area
is already fenced. However, provision for
watch and ward is necessary and has been
included in the estimate.
Table.3 – Estimate for Plantation in Rest 200
9
Acre (Per 1000 plants)
Year Mandays Labour Cost Material Monitoring Total Cost
to be Cost &
generated Supervision
Charge
0th Ydear 50 22,600.00 15,000.00 7,993.00 45,593.00
(Pre-
plantation
1st Year 206 93,112.00 80,630.00 8,687.00 1,82,429.0
0
2nd Year 239 1,08,028.00 1,08,515.00 10,967.00 2,27,510.0
0
3rd Year 200 90,400.00 55,200.00 7.330.00 1,52,930.0
0
Total 215 3,14,140.00 2,59,345.00 34,977.00 6,08,462.0
0
The total estimated cost for afforesting 20
hectares in FY 2025-26 is Rs.1.22 crore.
The funding will be shared as follows:
10 hectares will be taken up by the
Forest Department.
The remaining 10 hectares will be
afforested using Rs.61.00 lakh from the
District Mineral Fund (DMF).
b. In FY 2026-27, the remaining 150 acres
(60 hectares) will be afforested following
the per hectare cost norm of Rs.6.1 lakh, at
an estimated cost of Rs. 3.65 crore. This
activity is proposed to be funded through
Corporate social Responsibility (CSR) funds.
In case of non-availability of funds through
CSR, the cost will be incurred from District
Mineral Fund (DMF).
Nursery Support
11. A sufficient number of 18-month-old
saplings are available for the current year’s
gap-filling efforts. These will be sourced
from nearby forest nurseries located in Sukinda
under the jurisdiction of the Divisional forest
Officer (DFO), Cuttack Division. For the next
10plantation season, saplings are already being
raised in the forest nurseries.
Maintenance Plan
12. The Forest Department will manage and
maintain the plantation for the first three
years, ensuring proper watering, fertilization,
pest control and overall plant care.
Reporting
13. Divisional Forest Officer, Cuttack will
submit a report to Regional Office of the
Ministry of Environment and Forest, Government
of India, at Bhubaneswar, every 6 months with
respect to the health of the plants that would
be planted in all the above-mentioned areas.
14. That the facts stated herein above are
true to best of my knowledge and belief.”
4. On filing the compliance affidavit, as reproduced above,
learned Additional Solicitor General appearing for the Central
Government apprised that the petitioners to continue the
maintenance of the plantation not for a period of three years
but it ought to be for a period of five years. However, for
seeking instructions on the same, the time as prayed for by
learned counsel for the State was allowed. The compliance
affidavit has again been filed on behalf of the Appellants
wherein they have undertaken as under:-
“1. That I am the Collector and District
Magistrate, Jaipur, Odisha. I am duly
authorize to file this Affidavit on behalf of
the Petitioner-State. I am aware of the facts
of the present case and as such I am competent
to affirm this Affidavit.
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“2. That vide order dated 21.07.2025, this
Hon’ble Court has directed the Petitioner-State
to file an affidavit, as follows:
“1) The affidavit indicating the
mitigating factor has been filed which
is taken on record.
2) As submitted by the learned
counsel appearing on behalf of learned
Additional Solicitor General, counsel
for the petitioners may seek
instructions on the issue to continue
the maintenance of the plantation up to
five years.
3) Necessary instructions be placed
on the next date of hearing.
4) List on 28th July, 2025.”
3. In pursuance to the above order,
deliberations took place and it has been
decided that the maintenance of the plantation
will be done for a period of five years. It
has been, therefore, decided that the duration
of maintenance activities shall be extended
from three years to five years to ensure better
survival, and long-term sustainability of the
planted species.”
5. In view of the report of the Expert Committee and the
affidavits submitted by the State Government which is referred
to hereinabove, we are inclined to modify the directions as
issued by the National Green Tribunal, Eastern Zone, Kolkata.
Accordingly, the said order passed by the Tribunal be taken as
modified in terms of the report of the Expert Committee and
the affidavits filed by the State Government. Moreover, these
steps be taken in time bound manner and a compliance report be
12
submitted to the National Green Tribunal within an interval of
six months for the next five years.
6. With the aforesaid, the present appeal stand disposed of.
Pending applications, if any shall stand disposed of.
…………………………………………………,J.
[J.K. MAHESHWARI]
…………………………………………………,J.
[VIJAY BISHNOI]
New Delhi;
July 28, 2025.
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ITEM NO.49 COURT NO.4 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 4903/2022
THE STATE OF ODISHA & ORS. Appellant(s)
VERSUS
TAPAN KUMAR BARAL (DEAD) THROUGH LRS. & ANR. Respondent(s)
(IA No. 213332/2023 – APPLICATION FOR PERMISSION IA No. 102052/2022
– EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No.
102053/2022 – EXEMPTION FROM FILING O.T. IA No. 102051/2022 –
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 28-07-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE J.K. MAHESHWARI
HON’BLE MR. JUSTICE VIJAY BISHNOI
For Appellant(s) : Mr. Gaurav Khanna, AOR
Ms. Deepali Bhanot, Adv.
Ms. Shailja Singh, Adv.
For Respondent(s) : Ms. Aishwarya Bhati, A.S.G.
Mr. Gurmeet Singh Makker, AOR
Ms. Sunit Choudhary, Adv.
Ms. Anuradya Arputham, Adv.
Mr. Vishnu Kant, AOR
UPON hearing the counsel the Court made the following
O R D E R
The appeal stands disposed of in terms of the signed order.
Pending applications, if any, shall stand disposed of.
(GULSHAN KUMAR ARORA) (NAND KISHOR)
AR-CUM-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)