CUTTACK: In a significant judgement, the Orissa High Court has directed the state government to enforce a 1992 Supreme Court order arising out of a forest lease dispute dating back to the 1970s.
The single judge bench of Justice Dixit Krishna Shripad passed the order - on September 8 - in an execution case filed by the legal representatives of Udayanath Sahoo and co-contractor RS Bhatia, seeking compliance with the Supreme Court’s directions.
“Delayed justice is the most egregious form of human rights violation. As a concession to the shortness of human life, litigation longevity must be shortened,” Justice Shripad noted.
The dispute dates back to the late 1970s, when Bhatia, a licensed forest contractor, defaulted on a lease in Dudhiani forest area under Karanjia division. It was then reallocated to another contractor, Sahoo. Bhatia challenged the reallocation in court and eventually regained the lease through a HC ruling in 1978. A protracted legal tussle followed after which the SC ruled a negotiated settlement between the two contractors on March 27, 1992.
As per the settlement, both the contractors were to be allowed to remove timber and timber firewood from the leased forest area and divide it equally among them and make payments accordingly. However, the settlement remained unimplemented, leading to further litigation, including contempt petitions and execution proceedings.
While disposing of the execution petition filed by Sahoo in 1997 (later on his death, substituted by his legal representative), Justice Shripad noted that despite repeated representations and legal actions, the state failed to honour the settlement.
The judgement emphasised that the apex court’s order is binding and cannot be circumvented by citing statutory bars such as the Wildlife Protection Act, 1972 or the Forest Conservation Act, 1980, especially after the SC had rejected such contentions in 1994.
Justice Shripad directed the state to supply the agreed quantity of logs through the Odisha Forest Development Corporation or any other agency within three months, subject to the decree holders paying any outstanding dues with simple interest at six per cent from 1997. Alternatively, the state may pay the present market value of the logs after deducting the payable amount.
Additionally, the HC imposed an exemplary cost of `2 lakh on the state for subjecting the decree holders to prolonged and unnecessary litigation to be recovered from erring officials. Justice Shripad observed that authorities are constitutionally obligated to implement orders of the SC and restore public confidence in the judicial process.