WP(C) No.23020 of 2024 p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.23020 of 2024 (Under Article 226 and 227 of the Constitution of India) Chandan Mohanty …. Petitioner -versus- State of Odisha, represented through its Principal Secretary, Forest and Environment Department and Others … Opposite Parties Advocate(s) appeared in this case:- For Petitioner : Mr. Ananta Narayan Pattanayak, Advocate For Opp. Parties : Mr. U.R. Jena, A.G.A. Mr. Ashok Kumar Parija, Sr. Advocate Assisted by Mr. V. Mohapatra, Advocate, Ms. A. Ray, Advocate and Mr. R. Patnaik, Advocate for O.P. No.10 CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 13th July, 2026 B.P. Routray, J. 1. Heard Mr. A.K. Pattanayak, learned counsel for the petitioner, Mr. U.R. Jena, learned Additional Government Advocate for State Opposite Parties and Mr. A.K. Parija, learned Senior Counsel for Opposite Parties No.9 and 10. Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 24-Jul-2026 14:36:49 Signature Not Verified WP(C) No.23020 of 2024 p. 2 2. The petitioner who is a local resident of village Dhinkia (Patana) under Kujanga block in the district of Jagatsinghpur has approached this Court in present writ petition praying for directions to protect the forest land, the environment of village Dhinkia and to protect the livelihood and lives of local inhabitants. He has further prayed for a direction to private Opposite Parties No.9 and 10 to restrain them from cutting/felling the valuable trees in Dhinkia Gram Panchayat area. 3. The petitioner submits that private Opposite Parties No.9 and 10 are the project proponent for establishment of Integrated Steel Factory in the area and an area measuring 1083.69 Hectares of land has been handed over to them for the purpose. It is stated that after the previous project proponent, i.e. POSCO, left the area in the year 2013-2014, present Opposite Parties No.9 and 10 came there for establishment of an Integrated Steel Plant in the area and the land already acquired for previous project proponent was handed over to present Opposite Parties No.9 and 10 limiting to such extent for the purpose. It is further stated that the private opposite parties are cutting valuable trees in the area thereby affecting not only the environment but also the livelihood of local people and ecological life of the area. The petitioner submits that such felling of un-counted number of trees by private opposite parties is Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 24-Jul-2026 14:36:49 Signature Not Verified WP(C) No.23020 of 2024 p. 3 without approval of the Gram Sava and thus, Opposite Parties No.9 and 10 should not be permitted to fell the trees in the area. 4. The State opposite parties have filed their counter through opposite party No.4, i.e. the Divisional Forest Officer, denying the allegations of the petitioner. According to opposite party No.4, the forest clearance and the final handing over of the clearance of forest land has been given in favour of opposite parties No.9 and 10 for establishment of the Integrated Steel Factory in the area. The forest clearance has been granted by Government of Odisha as well as by the Government of India in their respective departments. It is also stated by opposite party No.4 that the compensatory afforestation proposal has also been approved simultaneously and the parties are working on the same. Detailed information in such aspect has been furnished by Opposite Party No.4 in his counter as well as in his further affidavit filed before this Court. 5. The private Opposite Parties No.9 and 10 have submitted their affidavit in reply to the allegations made in the writ petition stating that the Petitioner along with his wife has already taken the compensation amount in their respect for acquisition of the land for the purpose of the project and other stake holders have also. A meeting was convened by Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 24-Jul-2026 14:36:49 Signature Not Verified WP(C) No.23020 of 2024 p. 4 the District Administration in association with the village representatives of the area including various stake holders as well as the Sarapanch and different members of Dhinkia Gram Panchyat. As per the meeting, a detail discussion about the protection of environment by afforestation and overall development of the areas through JSW projects are being under taken in terms of the discussions made in the meeting. It is further stated that the project proponent is committed to make the development in different sectors Viz. health, education, sports, livelihood and skill development, social infrastructure development, waste management, environment, drinking water and sanitation, women empowerment and engagement of unemployed youth of the locality. Apart from this, compensation to be distributed over and above the Orissa R & R Policy in respect of betel vines, labour compensation, for fruit bearing trees, prawn pond and also compensation to different Village Jungle Surakhya Committee. It is further stated that not only the Sarapanch and other representatives of Dhinkia Gram Panchyat were present in the meeting but also the representative of Patana (Dhinkia) Jungle Surakhya Committee was present in the meeting. A detail account of afforestation done in the area and to be done, has been stated in the affidavits of Opposite Parties No.9 and 10. Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 24-Jul-2026 14:36:49 Signature Not Verified WP(C) No.23020 of 2024 p. 5 6. It is true that the Petitioner does not question the acquisition of land by the private project proponent in the area nor he is objecting the establishment of the project in the area. The petitioner is also not questioning the forest clearance certificate granted in favour of private Opposite Parties No.9 and 10 nor did he oppose the project in the area. His only prayer is limited to the extent objecting felling of trees in the acquired area on the ground that same will affect the environment of the village Panchyat and also affect the ecological life of the creatures in the area. 7. As per Annexure-B/10 and G/10, the forest clearance has been granted in favour of opposite party No.9 by the Government of India and subsequently by Government of Odisha to handover the forest land to private opposite parties. There is no doubt about the same and it is stated as per the affidavit of the Divisional Forest Officer, Mangrove Forest Division (WL), Rajnagar, a total number of 2,90,087 numbers of trees were enumerated with the Land Officer and other officials as on 18th June, 2011 out of which 1,50,075 numbers of trees were already fell by that date. The rest trees remaining as per the survey are enumerated approximately around 1,34,840. The diversification of the land for the purpose of establishment of Integrated Steel Factory having been duly Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 24-Jul-2026 14:36:49 Signature Not Verified WP(C) No.23020 of 2024 p. 6 approved, such number of trees, as stated above, are counted approximately on the diverted land. For the purpose of afforestation of different patches of land in the area different kinds of trees have been planted with, and a detailed compensatory afforestation chart is shown at Annexure-E/4, F/4. In addition to the same, other patches have been identified for compensatory afforestation. According to opposite party No.4, as on date, 864.94 hectares of land have been planted with trees as per compensatory afforestation scheme, which is around 69% of the total land acquired for the previous project proponent POSCO, i.e. 1260.881 hectares. 8. As seen from the affidavit of private opposite party and opposite party No.4 that a total cost of Rs.6,33,17,400/- towards cost of afforestation scheme over 169.534 hectares of land have been deposited by present project proponent. A detail information and afforestation to be undertaken during the ongoing monsoon season have been mentioned in the affidavit and the creation of mangrove forest or tidal forest have been encouraged including 894 hectares artificial regeneration and 330 hectares assisted natural regeneration plantation by seedling. An approximately 19,70,890 numbers of hypocotyls of different mangrove Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 24-Jul-2026 14:36:49 Signature Not Verified WP(C) No.23020 of 2024 p. 7 species have been planted for such purposes at different locations as per the detail furnished at Annexure-L/4. 9. As per the details mentioned in the affidavit of opposite party No.4 (the Divisional Forest Officer), the compensatory afforestation has also been extended to different other areas of the district of Jagatsinghpur as well as in the State of Odisha and the same are under progress. Therefore, a thorough study of respective affidavits filed by opposite party No.4 as well as the private opposite parties reveals that a detailed measure has been carried out in different diverted lands of Kujanga Blok and in the district of Jagatsinghpur. It is further seen that on 6th September, 2025 opposite party No.10 entered into a Tripartite Memorandum of Understanding with Odisha Forest Development Corporation Limited and State Pollution Control Board for creation of greenbelt area in 33% of total plant area. 10. As stated earlier, in view of the limited prayer of the petitioner and the detailed measures taken for counter afforestation by opposite parties No.9 and 10 as well as by the Forest Department, the stoppage of felling of trees in the acquired area would not be worth considering at present stage. Thus, this court while rejecting the prayer of the petitioner, further Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 24-Jul-2026 14:36:49 WP(C) No.23020 of 2024 p. 8 directs opposite parties No.9 and 10 as well as the State – opposite parties to take adequate measures for sufficient afforestation in the area in order to maintain the ecological balance. 11. Accordingly the writ petition is disposed of. ( B.P. Routray) Judge M.K. Panda,P.A./Madhusmita, Jr. Steno