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2023 Supreme(Online)(NGT) 610
Item No.04 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.16/2023/EZ
1. Saroj Mishra Aged 56 years S/o N. Mishra, At Nuacolony, Gopinathpur, Puri-752002
2. Madanmohan Rout Aged 49 years S/o Late Laxmidhar Rout, At/P.O.-Gopinathpur, P.S. PuriSadar, Puri-752002 ……..Applicant(s)
Versus
1. State of Odisha, Represented through Additional Chief Secretary of Department of Forest, Environment and Climate Change, At-Sachivalaya Marg, Bhubaneswar-751001
2. State of Odisha, Represented through Principal Secretary of Water Resource, At-Keshari Nagar, Bhubaneswar-751001
3. State of Odisha, Represented through Principal Secretary of Revenue and Disaster Management Department, At-Sachivalaya Marg, Bhubaneswar-751001
4. State of Odisha, Represented through Principal Secretary of Housing and Urban Development, At-Sachivalaya Marg, Bhubaneswar-751001
5. Collector and District Magistrate, Puri, At-Governor House Road, Puri-752002
6. Central Pollution Control Board, Represented through Member Secretary, At-Parivesh Bhawan, East Arjun Nagar, Delhi-110032
7. Odisha State Pollution Control Board, Represented through its Member Secretary, At-Paribesh Bhawan, A/118, Nilakantha Nagar, Unit-8, Bhubaneswar-751012
8. Odisha State Environment Impact Assessment Authority, Represented through Member Secretary, At-Acharya Vihar, Unit-IX, OPTCL Colony, Bhoi Naga, Bhubaneswar-751022
9. Block Development Officer, PuriSadar, Srikhetra Colony, Station Road, Puri-752002
10. Engineer in Chief of Water Resource Department, Odisha, Unit-V, Keshari Nagar, Bhubaneswar-751001
11. Tehsildar Puri, At-Governor House Road, Near Collector Office, Puri-752002
12. Executive Engineer of Drainage Division, Odisha, At-Gandarpur, P.O.-College Square, Cuttack-753003
13. Superintending Engineer of Drainage Division, At-Shreevihar, Puri-752003
14. Commissioner of Endowments of Odisha, At-Debottar Bhawan, Near Civil Courts, P.O.-BJB Nagar, Bhubaneswar, Dist.-Khurda-751014
15. Nilakantheswar Dev, Through Manoj Kumar Mahapatra, S/o Late Gobinda Chandra Mohapatra, At/PO-Gopinathpur, PS-PuriSadar, Dist.-Puri-752002, Odisha ……..Respondent(s)
Date of hearing: 04.07.2023 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant(s) : Mr. Afraaz Suhail, Advocate (in Virtual Mode)
For Respondent(s) : Mr. Tarun Patnaik, ASC for State Respondents (in Virtual Mode), Mr. Sibojyoti Chakraborty, Advocate for R-6, Ms. Papiya Banerjee Bihani, Advocate for R-7 (in Virtual Mode), Mr. Apurba Ghosh, Advocate for R-8 (in Virtual Mode), Mr. Sankar Prasad Pani, Advocate for R-15 (in Virtual Mode)
ORDER
1. This Original Application has been filed by the Applicant on the allegation that Plot No. 390 and Plot No. 417 of Khatiyan No. 125, Mouza-Gopinathpur @ Routrapur in Tahasil-Puri, Plot No. 192, 4, 24, 286/624 and 435 of Khatiyan No.209, Mouza-Gopinathpur @ Routrapur in Tahasil-Puri, and Plot Nos. 181, 235, 261/628, 172/623, 172, 564, 370, 193, 260, 438, 262, 368, 172/622, 559 of Khatiyan No. 126, Mouza-Gopinathpur @ Routrapur in Tahasil- Puri, are water bodies. The land records to that effect have also been filed along with the Original Application.
2. It is alleged that on these water bodies illegal constructions have been made.
3. It is also alleged that rain water of Villages – Gopinathpur, Tala Nuasahi, Samantra Nagar, Bhoi Sahi, Mallick Sahi, Maitree Vihar, Viswanath Vihar and Mukunda Mishra Nagar, gets accumulated in the said water bodies and passes through Bharaput and becomes source of water for Musa River.
4. It is, therefore, prayed that a direction be issued to the State Respondents to stop constructions over the water bodies in question.
5. At the time of admission, the Tribunal constituted a Committee comprising of the following Members:-
(i) Senior Scientist from the Central Pollution Control Board;
(ii) Senior Scientist from the Odisha State Pollution Control Board;
(iii) Collector & District Magistrate, Puri; and (iv) Engineer-in-Chief, Water Resource Department, Odisha.
6. The Committee was required to visit the site in question and submit its Report with regard to the allegations made in the Original Application.
7. Though, the SEIAA, Odisha, Respondent No.8, has been made a party in the Original Application but its stand is that no application has been made to it for grant of Environmental Clearance in respect of any construction which may require Environmental Clearance.
8. The State Pollution Control Board, Odisha, Respondent No.7, has filed affidavit dated 11.04.2023 bringing on record the Inspection Report of the Committee constituted by the Tribunal. The Committee Report reads as under:-
“Inspection Report of the Committee that was constituted as per the direction of Hon’ble NGT, Kolakta, w.r.t. o.a.No. 16/2023/EZ-Saroj Mishra-Vrs-State of Odisha & Others
The above The above cited O.A. case has been filed by Sri Saroj Mishra Vrs. State of Odisha and others before Hon'ble NGT w.r.t restoration of water bodies/Jalasaya etc. over the alleged plots those have been cited in the case matter where the drainage system has been completely squeezed due to illegal encroachment.
Basing upon the direction of Hon'ble NGT over the above cited OA a committee had been constituted vide order dtd.09.02.2023 with the following members.
a) Collector & District Magistrate. Puri.
b) Engineer-in Chief, Water Resources Department, Odisha.
c) Sr. Scientist from CPCB.
d) Sr. Scientist from Odisha State Pollution Control Board.
Over the above cited case matter, the Hon'ble NGT has directed on the date of hearing i.e. on dtd. 09.02.2023 that State Pollution Control Board will act as Nodal Office for filing the report of the committee for all logistic purposes.
As per order of Ho'ble NGT, The Member Secretary, State Pollution Control Board, Odisha, Bhubaneswar had communicated through his letter vide No.2217, dtd.15.02.2023, to all the Committee Head i.e. to The Collector & District Magistrate, Purl Regional Director (Eastern Regional Directorate) CPCB, Kolkata, Engineer In Chief Department of Water Resources, Govt. of Odisha, Bhubaneswar & had requested for inspection to the alleged sites w.r.t. allegation raised to submit the inspection report within the 6 weeks, so as to file the report to the Hon'ble Tribunal within stipulated time period.
Also in the above cited letter, the Member Secretary had nominated Dr. Sohan Giri, Regional Officer, SPC Board, Odisha, Bhubaneswar to represent the Committee and to act as Nodal Officer on behalf of Board vide Memo No.2218 dtd.15.02.2023.
In that capacity Dr. Sohan Giri, Regional Officer, SPC Board, Odisha
