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2012 Supreme(Ori) 568
IN THE HIGH COURT OF ORISSA
V. Gopala Gowda, B.N. Mahapatra, JJ.
PRASANA KUMAR BEHERA - APPELLANT
Versus
STATE OF ORISSA AND OTHERS - RESPONDENT
Writ Petition (C) No. 10622 of 2011
Decided On : 16-05-2012
K.K. Swain and S.C.D. Dash, for the Appellant; L. Samantaray, S. Swain, B. Pradhan, R.L. Pradhan, G. Das, J. Samantaray, A. Mohanty, A. Das, B.B. Behera and K.K. Satapathy, for the Respondent
The main legal point established in the judgment is the importance of compliance with environmental regulations and the need for verification of factual positions in cases involving potential threats to the environment and human life.
Headnote:
P.I.L. - Environmental Protection - R.T.I. Act, 2005, Orissa Lease Principle, Orissa Minor and Mineral Concession Rules, 2004 - The court discussed the provisions of the R.T.I. Act, 2005, Orissa Lease Principle, and Orissa Minor and Mineral Concession Rules, 2004, in the context of illegal sand lifting from river Mahanadi and its potential threat to human life and property. The court considered the permissions granted by the Government of India and the State Government for dredging activities and the impact on the eco-system and shoreline along the river. The court directed the Collector to verify the factual position of the dredging operation and ensure compliance with environmental conditions.
Fact of the Case:
The writ petition challenged the action of a company in lifting sand from river Mahanadi, alleging threat to human life and properties of the villagers. The petitioners sought information under the R.T.I. Act regarding permission for sand lifting, and the government confirmed no permission was obtained. The company claimed to have obtained necessary permissions and argued that the dredging would not cause any threat to the environment or human life.
Finding of the Court:
The court found that the permissions granted by the Government of India and the State Government for dredging activities indicated compliance with environmental regulations. The court directed the Collector to verify the factual position of the dredging operation and ensure compliance with environmental conditions.
Issues: The main issue was whether the company's sand lifting activities posed a threat to human life and property, and whether the permissions obtained were in compliance with environmental regulations.
Ratio Decidendi: The court relied on the permissions granted by the Government of India and the State Government for dredging activities, as well as the joint inspection report, to determine the impact of the dredging on the river and the surrounding areas. The court emphasized the need for compliance with environmental conditions and directed the Collector to verify the factual position of the dredging operation.
Final Decision: The writ petition was disposed of with the court directing the Collector to verify the factual position of the dredging operation and ensure compliance with environmental conditions.
JUDGMENT :
B.N. Mahapatra, J. - This writ petition has been filed in the nature of a Public Interest Litigation (P.I.L.) challenging the action of opposite party No. 7 Chairman-cum-Managing Director, E.S.S.A.R. Steel Private Limited (for short, "O.P. Company") in lifting sand from the river Mahanadi on the ground that such removal of sand from the said river would cause serious threat to the human life and properties of the villagers residing in villages, namely, Ramnagar, Kharnasi, Batighar and Barajbahakuda as during rainy season, the sea water will enter into those villages through river Mahanadi. Further allegation of the petitioner is that O.P. Company is lifting sand from the river belt without prior permission of the Government, more particularly, Forest and Environment Department. Petitioners' case in a nut-shell is that they sought for information under the Right to Information Act (for short, "R.T.I. Act") from the Public Information Officer as to whether the O.P.-Company has obtained any permission from the State Government regarding lifting of sand from the river Mahanadi. The Public Information Officer attached to the Forest and Environment Department vide his letter dated 22.2.2011 intimated petitioner No. 1 that no permission was obtained by the O.P.-Company from the Forest and Environment Department regarding lifting of sand from the river Mahanadi. Further information obtained under R.T.I. Act is that the Additional Tahasildar-cum-P.I.O., has categorically stated that no Palli Sabha was conducted regarding lifting of sand from the river Mahanadi. Though the petitioners made representations to the Chief Secretary, Orissa, Bhubaneswar as well as to the Collector, Kendrapara and Tahasildar, Mahakalapada and also to other public authorities ventilating their grievance no action has yet been taken in that regard. The villages of the petitioners situate on the bank of river Mahanadi. The population of these three Grama Panchayats and villages are more than 30,000. The distance of river Mahanadi from that end to the Sea (Bay of Bengal) is only two kilometres.
2. Mr. K.K. Swain, learned Counsel appearing for the petitioners submitted that the action of O.P. Company in lifting sand from river Mahanadi is contrary to the provisions of law and it will directly affect the public interest as there would be serious threat to human life and property of four revenue villages situated on the bank of river Mahanadi. Therefore, the action of O.P.-Company in lifting the sand from river Mahanadi belt is illegal. It is submitted that necessary direction should be issued to O.P. Company to stop lifting of sand from river Mahanadi in that area and appropriate action may be taken against O.P.-Company for illegal lifting of sand.
3. Mr. A. Mohanty, learned Counsel appearing for the intervenors-opposite party Nos. 8 to 12 supporting the case of the petitioners submitted on the basis of counter-affidavit dated 28.9.2011 filed on their behalf that the averments made by the petitioners in the present writ petition are correct with regard to illegal dredging in river Mahanadi violating statutory rules framed in the Orissa Lease Principle relating to sairat sources as well as the Orissa Minor and Mineral Concession Rules. The Government of Odisha has not followed the mandatory provisions of law while granting permission to O.P.-Company for dredging in river Mahanadi and to lift sand, because there is no prior permission from the competent authority before granting permission for the said work. O.P.-Company has been lifting sand by dredging the water area nearer to the villages of the intervenors, namely, Musadia, Bijayachandrapur, Udayabata, Nuagarh, Balidia etc. without prior permission from the competent authority. The perennial river Mahanadi, which is the longest river of the State, bisects the revenue district of Jagatsinghpur and Kendrapara into two parts. On the right bank of river Mahanadi, district Jagatsinghpur is situated and on the
