L. NAGESWARA RAO, B. R. GAVAI
Binay Kumar Dalei – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
L. Nageswara Rao, J.
Rural Organisation for Social Empowerment - Respondent No.8 herein, filed Original Application No. 02 of 2019 before the National Green Tribunal, Principal Bench, New Delhi (hereinafter, 'the NGT') for a direction to the opposite parties therein to cancel the stone quarry leases granted pursuant to an advertisement dated 17.08.2017. Respondent No.8 also sought for a direction that no further lease shall be granted in the Kuldiha Wildlife Sanctuary and the eco-sensitive zone lined to it, as were notified in the notification dated 09.08.2017. It was further prayed that an enquiry should be conducted into the illegal and unlawful advertisement for long term leases in the wildlife sanctuary. During the pendency of the Original Application, the NGT vide orders dated 22.01.2019 and 12.03.2019 called for a report from the Principal Chief Conservator of Forests, Head of Forest Force (hereinafter 'PCCF (HoFF)') after conducting an inspection of the Eco-Sensitive Zone surrounding the Kuldiha Wildlife Sanctuary. Based on the report submitted by the PCCF (HoFF), the NGT by an order dated 16.10.2019 directed the State Government to take steps for bringing the entir
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The main legal point established is that the authority's decision to prohibit quarrying operations, despite obtaining necessary clearances, was not legally justified.
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