Back
2020 Supreme(Ori) 174
IN THE HIGH COURT OF ORISSA AT CUTTACK
Krushna Ram Mohapatra, J.
Subrat Bhoi and Ors. - Appellants
Vs.
State of Odisha and Ors. - Respondent
W.P. (C) No. 24789 of 2020 and I.A. No. 11476 of 2020
Decided On : 09-10-2020
For the Appellant : Partha Sarathi Nayak, Prafulla Kumar Rath, S.S. Mohapatra, S. Hota and R. Behera
For the Respondents:Pravat Kumar Muduli, Additional Government Advocate, Surya Prasad Mishra, Sr. Advocate and Prasanta Kumar Nayak
The main legal point established in the judgment is the consideration of COVID-19 guidelines and the principles of public hearing in the context of challenging a notice/advertisement for a public hearing.
Headnote:
Public Hearing - Environmental Clearance - [ENVIRONMENTAL CLEARANCE] - [Notification No. SO. 1533(E) : MANU/ENVT/0034/2006] - The court discussed the challenge to the notice/advertisement for a public hearing for the purpose of expansion of Aluminium Smelter Capacity and Captive Power Plant capacity. The court considered the COVID-19 guidelines and the principles of public hearing. The court allowed the public hearing to continue but directed no final decision to be taken until the next date. The court also allowed the petitioners to submit their objections and requested the Collector to consider holding another public hearing if necessary.
Fact of the Case:
The writ petition challenged the notice/advertisement for a public hearing for the purpose of expansion of Aluminium Smelter Capacity and Captive Power Plant capacity. The petitioners, villagers likely to be affected, requested to postpone the public hearing due to the COVID-19 pandemic. The petitioners sought to defer/postpone the public hearing date.
Finding of the Court:
The court allowed the public hearing to continue but directed no final decision to be taken until the next date. The court also allowed the petitioners to submit their objections and requested the Collector to consider holding another public hearing if necessary.
Issues: The issues involved the challenge to the notice/advertisement for a public hearing, the impact of COVID-19 guidelines on the public hearing, and the petitioners' request to defer/postpone the public hearing date.
Ratio Decidendi: The court considered the COVID-19 guidelines and the principles of public hearing. The court allowed the public hearing to continue but directed no final decision to be taken until the next date. The court also allowed the petitioners to submit their objections and requested the Collector to consider holding another public hearing if necessary.
Final Decision: The court allowed the public hearing to continue but directed no final decision to be taken until the next date. The court also allowed the petitioners to submit their objections and requested the Collector to consider holding another public hearing if necessary.
ORDER :
Krushna Ram Mohapatra, J.
1. As per the direction made by this Court on 30.09.2020, this matter is taken up today for further orders in IA No. 11476 of 2020 filed by opposite party No. 4-M/s. Vedanta Ltd., Jharsuguda (for short, 'the Company') for recalling of order dated 29.09.2020 passed by this Court in IA No. 11105 of 2020 of 2020.
2. This writ petition has been filed assailing the notice/advertisement dated 27.08.2000 under Annexure-1 published by opposite party No. 3-Member Secretary, State Pollution Control Board, Odisha, Bhubaneswar (for short, 'SPCB') for a public hearing for the purpose of expansion of Aluminium Smelter Capacity from 16 LTPA to 18 LTPA, Captive Power Plant (CPP) capacity of 1215 megawatt by adding 2 LTPA Smelter Plant at village Bhurkamunda of opposite party No. 4-Company in the district of Jharsuguda, to obtain environmental clearance from the Ministry of Environment, Forest and Climate Change, Government of India, New Delhi (for short, 'MoEF'). The said notice was issued in terms of the Government of India notification No. SO. 1533(E) : MANU/ENVT/0034/2006 dated 14.09.2006 of MoEF. It specified that the persons who desires to give view and objections etc. relevant to the project may do so in writing within thirty days from the date of publication of the said notice addressing the same to the Member Secretary, State Pollution Control Board (OP No. 3) through registered post. Besides that, persons interested to submit their views relevant to the proposed project in writing or orally may also do so during the public hearing to be conducted on 30.09.2020 at 11.00 AM at Government UP School Kurebaga, Dalki in the district of Jharsuguda. It is further clarified in the said notice that the public hearing should be conducted strictly observing the guidelines of COVID-19 on social distancing and also COVID-19 SOP issued by the Government. The persons interested to participate in the said public hearing were requested to go through the Environment Impact Assessment (EIA)/Environment Management Plan (EMP) of the said Project available at the offices mentioned in the said notice under Annexure-1.
2.1. The matter was listed on 29.09.2020 for admission. Taking into consideration the submissions of learned counsel for the petitioners to the effect that notice/advertisement dated 27.08.2020 under Annexure-1 is in violation of order No. 5039/R&D(DM) dated 31.08.2020 (Annexure-2) issued by the Special Relief Commissioner, Government of Odisha, Bhubaneswar preventing 'other large congregation' as per Clause-2(iv) of the said order, this Court issued notice in the matter and passed the following interim order in IA No. 11105 of 2020.
"Heard.
As an interim measure, it is directed that the public hearing pursuant to advertisement dated 27.08.2020 issued by the State Pollution Control Board, Odisha, scheduled to be held on 30.09.2020 at 11.00 A.M. at Government U.P. School, Dalki, Kurebaga in the district of Jharsuguda shall not be held till next date.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court's Notice No. 4587 dated 25.03.2020."
Thereafter, IA No. 11476 of 2020 has been filed by opposite party No. 4-Company to recall the said interim order dated 29.09.2020, which was taken up on 30.09.2020 and following direction was issued.
"xxx xxx xxx
14. In partial modification to the order dated 29.09.2020 passed in IA No. 11105 of 2020, it is directed that the public hearing pursuant to advertisement dated 27.08.2020 under Annexure-1 issued by the State Pollution Control Board, Odisha may continue, but no final decision shall be taken till the next date. Petitioners, if so advised may participate in the public hearing.
14.1 On consent of learned counsel for the petitioners and opposite party No. 4, put up this matter tomorrow (01.10.2020)."
3. In course of argument, it appeared that the consideration of aforesaid two In
