SUJIT SAHU SON OF LATE SUDHAKAR SAHU vs STATE OF ODISHA REPRESENTED THROUGH ADDL CHEIF SECRETARY OF DEPARTMENT OF FOREST ENVIORNMENT AND CLIMATE CHANGE

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2022 Supreme(Online)(NGT) 2168

Item No.01 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.144/2022/EZ In the matter of: Sujit Kumar Sahu, S/o Late Sudhakar Sahu, Aged about 48 years, R/o Kanyabeda, P.O.-Kandasar, P.S.-Nalco Nagar City, Angul, Pin – 759145, ...Applicant(s)
Versus
1. State of Odisha, Through Additional Chief Secretary, Department of Forest, Environment and Climate Change, Sachivalaya Marg, Bhubaneswar, Pin – 751001, 2. State of Odisha, Through Principal Secretary, Department of Water Resource, Keshari Nagar, Bhubaneswar, Pin – 751001, 3. State of Odisha, Through Principal Secretary, Revenue and Disaster Management Department, Sachivalaya Marg, Bhubaneswar, Pin – 751001, 4. Collector and District Magistrate, Puri, Governor House Road, Puri, Pin – 752002, 5. Central Pollution Control Board, Through Chairman, Parivesh Bhawan, East Arjun Nagar, Delhi, Pin – 110032, 6. Odisha State Pollution Control Board, Through Chairman, Paribesh Bhawan, A/118, Nilakantha Nagar, Unit-8, Bhubaneswra, Pin – 751012, 7. Block Development Officer, Puri Sadar, Srikhetra Colony, Station Road, Puri Sadar, Pin – 752002, 8. Engineer-in-Chief, Water Resource Department, Heads of Department Building, Bhubaneswar, Pin – 751001, 9. Tehsildar, Puri, Governor House Road, Near Collector Office, Puri, Pin – 752002, 10. Office of Executive Engineer, Drainage Division, Gandarpur, Cuttack, Pin – 753003, 11. Superintending Engineer Drainage Division, Shreevihar Puri, Pin – 752003, 12. Nakula Das, S/o Kanduri Das, R/o Khandiabandha, P.O.-Gopinathpur, Puri, Pin – 752002, ...Respondent(s)
Date of hearing: 06.01.2023 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER For Applicant(s) : Mr. Afraaz Suhail, Adv. (in Virtual Mode)
For Respondent(s) : Mr. Rajesh Tripathi, ASC for R-1-4,7-11, (in Virtual Mode)
Mr. Surendra Kumar, Advocate for R-5, Mr. Dipanjan Ghosh, Advocate for R-6, Mr. Durga Prasanna Tripathy, Adv. for R-12, (in Virtual Mode)

ORDER

1. Affidavit dated 13.12.2022 has been filed on behalf of the Respondent No.6, Odisha State Pollution Control Board; the same is taken on record.

2. Counter-affidavit dated 04.01.2023 has been filed on behalf of the Respondent No.4, Collector & District Magistrate, Puri; the same is taken on record.

3. Counter-affidavit dated 05.01.2023 has been filed on behalf of the Respondent No.12, Nakula Das; the same is taken on record.

4. Mr. Rajesh Tripathi, learned Additional Standing Counsel appearing (in Virtual Mode) and Mr. Surendra Kumar, learned Counsel file their Vakalatnamas on behalf of the Respondent Nos. 1 to 4, 7 to 11, Respondents, Govt. of Odisha and the Respondent No.5, Central Pollution Control Board respectively; the same are taken on record.

5. We have heard Mr. Afraaz Suhail, learned Counsel for the Applicant and Mr. Rajesh Tripathi, learned Additional Standing Counsel appearing (in Virtual Mode) for Respondent Nos. 1 to 4, 7 to 11, State Respondents, Govt. of Odisha, Mr. Surendra Kumar, learned Counsel appearing for Respondent No.5, Central Pollution Control Board, Mr. Dipanjan Ghosh, learned Counsel appearing for Respondent No.6, Odisha State Pollution Control Board, and Mr. Durga Prasanna Tripathy, learned Counsel appearing (in Virtual Mode) for Respondent No.12, Private Respondent.

6. The prayer in this Original Application is for a direction to the State Respondents to demolish all illegal constructions built over the stream known as ‘Pani Mahara’.

7. The allegation in the Original Application is that the Respondent No.12, Private Respondent, has constructed a culvert bridge on Plot No. 109 under Khata No. 355 situated in Mouza-Bhartipur, Tahasil-Puri, District-Puri, Odisha, which has affected the flow of water of the said river/canal in between Plot No. 29 and Plot No. 110 under Khata No. 355, situated in Mouza-Bhartipur, Tahasil- Puri, District-Puri, Odisha, by obstructing its sands and shoals which have been covered.

8. It is also stated that a writ petition with regard to the same construction has been filed being WP(C) No. 13343/2021 before the Hon’ble High Court of Odisha, at Cuttack, praying for removal of construction over the said water body, in which an order was passed by the Hon’ble High Court on 29.10.2021. Para 4 of the order of the Hon’ble High Court of Odisha reads as under: -

“4. Taking into consideration the submissions of learned counsel for the parties and on perusal of the affidavits dated 29th July, 2021 and 22nd September, 2021 filed by Tahasildar, Puri Sadar-Opposite Party No.6, this writ petition is disposed of with a direction to the Executive Engineer, Drainage Division, Puri-Opposite Party No. 5 as well as Tahasildar, Puri Sadar-Opposite Party No. 6 to see that there shall be no obstruction over the case land in future, which is a water channel. If any complaint is received by Opposite Party Nos.5 and 6 with regard to obstruction of the said water channel over the case land, immediate action for its removal shall be taken by them.”

9. A direction was issued to the Respondent No.4, Collector & District Magistrate, Puri, stating clearly whether the order of the Hon’ble High Court dated 29.10.2021 has been complied or not and what action has been taken against the Respondent No.12 for recovery of the damage caused to the environment due to illegal construction.

10. The Respondent No.6, Odisha State Pollution Control Board, was also directed to determine Environmental Compensation on account of loss caused to the environment against the Respondent No.12.

11. Mr. Durga Prasanna Tripathy, learned Counsel who appeared on behalf of the Respondent No.12 on 21.11.2022 stated that in a connected W.P. No. 12997/2022, order was passed by the Odisha High Court on 13.06.2022 in respect of the same area in dispute as in the present Original Application wherein the Writ Petition was disposed of and against that order, a Writ Appeal No.931 of 2022 has been filed in which it has been directed that till the n

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