NGT halts further construction of government schools on forest land in Jajpur until the Centre or a competent authority approves.

Odisha | Order issued on: October 30, 2026

The NGT has ordered to stop any further construction of government schools on forest land in Jajpur district of Odisha till approval is received from either the Centre or a competent authority.

A brief summary of the order: On October 30, 2026, the NGT’s Eastern Zone Bench passed an order allowing the original petition by Kailash Chandra Nayak, of Nuadihi village, to stop any further construction of government schools in 84 schools of Danagadi and 94 schools of Sukinda. This was after he challenged the construction of the schools. The order was revealed by official sources on Monday, November 9.

What did the NGT say?

The order allowed the original petition. However, it also stopped the BDOs of Danagadi and Sukinda (herein referred to as the petitioner agency) from carrying out any further construction on the forest land until approval is obtained, either ex post-facto or prior. The order was passed by Justice Arun Kumar Tyagi (Judicial Member) and Ishwar Singh (expert member) as reported by OrissaPOST.

Reasons for filing the petition

Kailash Chandra Nayak alleged that forest land was being used for non-forest purposes, without prior approval. This is related to 84 schools of Danagadi and 94 schools of Sukinda. The case was first listed on July 7, 2025. Notices were sent to the state government, Union environment ministry and Jajpur collector.

Are these schools illegal?

No. The order said that the construction of these schools was irregular. However, they are not strictly illegal. Section 3(2) of the Forest Rights Act, 2006 allows for the diversion of forest land for government run facilities like schools. This includes conditions like a maximum of 75 trees per hectare. Proposals can be considered ex post-facto. The Right to Education Act, 2009 was referenced.

How many have been regularised?

The Forest Department informed the tribunal that they had received 170 applications for regularisation of the forest land already being used by schools. A total of 107 applications were approved by a district level committee with 50 applications from Sukinda and 57 applications from Danagadi. The remaining proposals were passed on after site visits. However regularisation cannot be skipped.

Education laws

The tribunal itself referenced the Right to Education Act, 2009 as reasons for considering ex post-facto proposals. This means those following the news relating to education in Odisha will know that schools must first be approved or they can be approved later. They must follow the correct procedures.

Additional Information

  • Petitioner’s name: Kailash Chandra Nayak from Nuadihi village, Jajpur district.

  • Case number: Original Application No. 109/2025/EZ.

  • Notices were served in July 2025 to the Odisha Government, Union Ministry of Environment, Forest and Climate Change, Jajpur collector and others.

  • 170 applications for regularisation were received by the Forest Department. Of these 107 were approved with 50 from Sukinda and 57 from Danagadi.

  • Section 3(2) of the Forest Rights Act, 2006 allows for certain government run facilities to use forest land. Conditions apply.

  • Order issued on October 30, 2026.

The tribunal's guidelines highlight the importance of protecting the environment, but the fight to save trees and preserve Jajpur's green cover must continue. Authorities must reconsider construction activities that could lead to unnecessary tree felling, deforestation and ecological damage. Development should not come at the cost of nature. Business Fortune urges the Centre and competent authorities to prioritise environmental protection, stop tree cutting and reconsider school construction in ecologically sensitive areas. The future of Jajpur must be built on education without sacrificing its natural heritage.

FAQs

1. Why has the NGT stopped any further construction?

A petitioner alleged that schools were being built on forest land without prior approval. The NGT have therefore stopped any further construction of the schools.

2. What schools are covered?

The NGT have ordered to stop any further construction of the schools in Danagadi block (84 schools) and Sukinda block (94 schools). This applies to the BDOs of both blocks.

3. Are the schools illegal?

The construction was deemed to be irregular however not strictly illegal.

4. Can the schools be approved?

Yes. The authorities were directed to receive approval, either ex post-facto or prior.

5. Who issued the order?

The order was issued by the NGT’s Eastern Zone Bench. This includes Justice Arun Kumar Tyagi and Ishwar Singh (expert member). The order was issued on October 30, 2026. It was published on November 9.

Sources

OrissaPOST