BARIPADA: The East Zone bench of the National Green Tribunal (NGT) in Kolkata recently heard a petition challenging the proposed diversion of nearly 100 acre of forested hill land at Laxmiposi village in Mayurbhanj district, which falls within the eco-sensitive zone (ESZ) of the Similipal Tiger Reserve.
The petition was filed by social worker Rakesh Mohanty seeking preventive intervention by the tribunal against the proposed settlement and diversion of forest land for establishing a private five-star hotel or resort near the protected tiger habitat.
During the hearing, advocate Akash Sharma submitted that the land in question is recorded as forest land in official government records and lies squarely within the ESZ of the tiger reserve. He contended that documents obtained under the Right to Information (RTI) Act, along with records from various government departments, clearly establish the ecological sensitivity and forest status of the land.
The counsel placed on record RTI replies, feasibility reports, communications from the Forest department, and social media posts issued by the District Investment Promotion Agency (DIPA). These, he argued, indicate facilitation of visits by private hotel representatives to explore resort development near Similipal. Such preparatory steps, he submitted, demonstrate a clear intent to commercially exploit forest land even before obtaining mandatory statutory clearances.
The bench, however, observed that no actual construction activity, tree felling, or forest clearance had taken place so far, and questioned whether a cause of action had arisen at this stage. The Tribunal noted that petitions are generally entertained once tangible activities such as construction, tree cutting, or grant of statutory approvals begin.
Responding to the observation, the petitioner’s counsel argued that the absence of final approval was precisely why the Tribunal’s intervention was being sought at this stage. He submitted that environmental jurisprudence does not permit authorities to first lay the groundwork and later seek statutory clearances as a mere formality. He argued that waiting for visible environmental damage would defeat the very purpose of environmental protection laws.
After hearing detailed submissions from both sides, the bench comprising Justice Ashok Tyagi and expert member Dr Afroz Ahmad reserved the matter for orders.