- (1.) By our order dated 4.8.2014, we had directed the State Government to file a status report, inter alia, indicating: (i) total number of orders which have been passed since 1996 permitting felling of trees in the TTZ with particulars of the same; (ii) the total number of trees which are required to be planted by the State Government agencies towards compulsory afforestation effort in terms of the said orders; (iii) total number of trees that have been planted so far pursuant to the orders and the areas/locations where such plantation work has been carried out. The status report would take care to properly identify the ares where plantation has been done so that the same can be verified by appointing a Local Commissioner for the purpose, if considered necessary. We had also called upon the State Government to indicate the time frame within which the deficiencies, if any, in plantation work shall be made by the authorities concerned and the areas identified or reserved for such plantation work.
(2.) An affidavit dated 28.10.2014 was filed pursuant to the said directions in which the State Government has given the particulars of orders passed by this Court from time to time, the number of saplings planted in compliance with the said order as also the number of trees felled pursuant to the directions issued by this Court. By a subsequent order dated 26.11.2014, we had requested the Principal Secretary of Central Empowerment Committee and Mr. S.K. Patnaik, I.F.S. to verify the claims made by the State Government in the compliance affidavit filed before us and also to report whether any plantation work had indeed taken place at the locations indicated in the affidavit.
(3.) The two Members' Committee has, accordingly, undertaken an exercise to verify the facts and submitted a report, from a reading whereof, it appears that not only have there been gross deficiencies in compliance with the orders passed by this Court from time to time but also that the claims made in the compliance affidavit have been found to be factually incorrect on verification. The report further states that the authorities are violating the Forest (Conservation) Act, 1980 inasmuch as they have constructed a drainage near Kusth Ashram by apparently using forest land for such construction and also for widening of the pavement referred to in Annexure R-3 with the Report. A number of trees have also been exposed/damaged by the ongoing digging process according to the report.;