ORDER

1. Mr. Gopal Prasad Jena, learned Counsel is present (in Virtual Mode) on behalf of the Applicants.

2. Affidavit dated 12.07.2023 has been filed on behalf of the Respondent No.4, Collector and District Magistrate, Jajpur; the same is taken on record.

3. No one has appeared on behalf of the Respondent No.6, Private Respondent.

(Final order of the said case will be uploaded in website by separate sheets of paper.)

..................................... B. Amit Sthalekar, JM ….......................................... Dr. Arun Kumar Verma, EM July 17, 2023, Original Application No.14/2023/EZ SKB Item No.07 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.14/2023/EZ In the matter of:

1. Krushna Chandra Khatua Aged about 40 years, Son of late Naran Khatua, At-Govindapur, P.O. – Rudhia, P.S. – Panikoili, Dist. – Jajpur, Pin – 755043

2. Sri Kishore Chandra Pal Aged about 78 years, Son of late Laxmidhar Pal, At-Ranapal, P.O. – Rudhia, P.S. – Panikoili, Dist. – Jajpur, Pin – 755043

3. Sri Sarat Chandra Jena Aged about 44 years, Son of Mahanta Jena, At-Dhanatri (Khiro), P.O. – Rudhia, P.S. – Panikoili, Dist. – Jajpur, Pin – 755043 …. Applicant(s)

Versus

1. The State Level Environment Impact Assessment Authority Odisha, Bhubaneswar Represented by its Chairman, 5RF-2/1, Unit-IX, Bhubaneswar, Pin – 751022

2. State of Odisha Represented by Principal Secretary to Govt., Panchayat Raj Department, At – Secretariat Building, P.O. – Secretariat Building, Munsif – BBSR, Dist. - Khordha Pin – 751001

3. State of Odisha Represented by Principal Secretary to Govt., Revenue and Disaster Department, At – Secretariat Building, P.O. – Secretariat Building, Munsif – BBSR, Dist. - Khordha Pin – 751001

4. Collector and District Magistrate, Jajpur At/P.O. – Jajpur, Dist. – Jajpur, Pin – 755001

5. Tahasildar Vyasanagar, Jajpur Road, At/P.O. - Jajpur Road, Dist. – Jajpur, Pin – 755019

6. Bikash Swain Son of Late Basudev Swain, Plot No. HIG Duplex-26 Saileshreevihar, Bhubaneswar, P.S. – Chandrasekharpur, Dist. – Khordha, Pin – 751021 …. Respondent(s)

Date of hearing: 17.07.2023 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Gopal Prasad Jena, Advocate (in Virtual Mode)

For Respondent(s) : Mr. Tarun Patnaik, ASC for State Respondents (in Virtual Mode), Mr. Apurba Ghosh, Advocate for R-1 (in Virtual Mode), Mr. Dipanjan Ghosh, Advocate for R-7

ORDER

1. The allegation of the Applicants in the present Original Application is that the Respondent No.6, Private Respondent, is carrying on operation of sand mining and lifting the sand from the Baitarani River Dhantari Sand Sairat by engaging heavy trucks and transporting the same over the village road. It is stated that the village road is a reserved area for Gramya Jungle and Samshan and the Collector, Jajpur, has also directed the Tahasildar-Vyasanagar, not to allow any transportation of sand over the reserved areas.

2. It is also stated that inspite of the order of the Respondent No.4, Collector, Jajpur, passed in Miscellaneous Case No. 54/2022 not to transport sand over the Plot Nos. 1886, 1887 and 1891, which are reserved lands of Govindpur Village, specifically meant for Gramya Jungle, Samshan and Pani Nala the Project Proponent, Respondent No.6, is flouting the order and transporting the sand on heavy vehicles through the said plots.

3. It is alleged that more than 120 local varieties of trees planted by the villagers and nearby school children, have been uprooted and destroyed in the process of transportation of sand by heavy vehicles over the prohibited plots.

4. It is also alleged that the Project Proponent, Respondent No.6, is acting in violation of the directions given in the Environmental Clearance for sand mining granted vide order dated 04.09.2021 by the SEIAA, Odisha, Respondent No.1.

5. Considering the allegations made, the Tribunal constituted a Com