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2025 Supreme(Online)(NGT) 376
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
MR. JUSTICE B. AMIT STHALEKAR, DR. AFROZ AHMAD, JJ
MADANMOHAN ROUT S/O LATE LAXMIDHAR ROUT – Appellant
Versus
SRI NILAKANTESWAR DEV AND OTHER DEITIES REPRESENTED THROUGH TRUSTEE – Respondent
193/2024 / KOLKATA
Mr. Afraaz Suhail, Adv. (in Virtual Mode), Mr. Satya Brata Mohanty, AGA for R-2,3,4,7 & 8 (in Virtual Mode), Mr. Dipanjan Ghosh, Adv. for R-5
The court mandated the restoration of a historically significant water body, emphasizing the need for immediate action against pollution and encroachment to preserve its religious and communal value.
Headnote:(A) Orissa Hindu Religious Endowment Act, 1951 - Sections 25 and 68 - National Green Tribunal Act, 2010 - Restoration of water body - Applicant sought directions for revitalization of "Chandan Pokhari" due to pollution and encroachment - The water body is historically significant and used for religious purposes - The Collector and District Magistrate directed to ensure cleaning and restoration of the water body, including removal of encroachments. (Paras 2, 6, 10, 16)
(B) Environmental Protection - The court emphasized the need for immediate action to restore the water body, highlighting its importance for farming, fishing, and religious rituals. (Paras 5, 7, 9)
Facts of the case:
The applicant filed an Original Application seeking directions to revitalize "Chandan Pokhari," which has been polluted and encroached upon, affecting its use for farming, fishing, and religious rituals. The water body belongs to the deity Sri Sri Nilakanteswar Dev. (Paras 2, 5)
Findings of Court:
The court directed the Collector and District Magistrate, Puri, to complete restoration works, including cleaning and removing encroachments, and to file a compliance affidavit by 31.07.2025. (Paras 16)
Issues: The main issues included the pollution and encroachment of the water body and the necessity for its restoration for public and religious use. (Paras 5, 16)
Ratio Decidendi: The court ruled that the restoration of the water body is essential for maintaining its historical and religious significance, and immediate action is required to prevent further degradation. (Paras 16)
Result: Original Application disposed of with directions for restoration.
ORDER
1. Mr. Afraaz Suhail, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.
2. Affidavit dated 02.04.2025 has been filed on behalf of the Respondent No.4, Collector and District Magistrate, Puri ; the same is taken on record.
3. Mr. Satya Brata Mohanty, learned Additional Government Advocate holding brief of Mr. Partha Sarathi Nayak is present on behalf of the State Respondents, Government of Odisha.
4. Heard Mr. Afraaz Suhail for the Applicant, Mr. Satya Brata Mohanty for the State Respondents and Mr. Dipanjan Ghosh for the Odisha State Pollution Control Board.
(The final order of this case shall be uploaded in the NGT Website by separate sheets of paper)
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B. Amit Sthalekar, JM
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Dr. Afroz Ahmad, EM
April 04, 2025, Original Application No.193/2024/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.193/2024/EZ
In the matter of:
Madanmohan Rout
S/o Late Laxmidhar Rout At/PO v- Gopinathpur PS – Puri Sadar, Puri - 752002 …. Applicant(s)
Versus
1. Sri Nilakanteswar Dev and other deities Represented through Trustee At – Gopinathpur, Puri – 752001
2. State of Odisha Represented through Addl. Chief Secretary of Department of Forest, Environment and Climate Change, At – Sachivalaya Marg, Bhubaneswar – 751001
3. State of Odisha Represented through Principal Secretary of Panchayati Raj and Drinking Water Department At – Sachivalaya Marg, Bhubaneswar, Pin – 751001
4. Collector and District Magistrate, Puri At – Collector Office, Governor House Road Puri – 752002
5. Odisha State Pollution Control Board Represented through Member Secretary At – Paribesh Bhawan, A/118, Nilakantha Nagar, Unit-8, Bhubaneswar – 751012
6. Commissioner of Endowments of Odisha At – Debottar Bhawan, Near Civil Court, BJB Nagar, Bhubaneswar – 751014 Dist – Khurda
7. Block Development Officer, Puri Sadar At – Srikhetra Road, Puri – 752002
8. Superintending Engineer of Drainage Division At – Shreevihar, Puri – 752003 …. Respondent(s)
Date of hearing: 04.04.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant(s) : Mr. Afraaz Suhail, Adv. (in Virtual Mode)
For Respondent(s) : Mr. Satya Brata Mohanty, AGA for R-2,3,4,7 & 8 (in Virtual Mode), Mr. Dipanjan Ghosh, Adv. for R-5
ORDER
1. Heard Mr. Afraaz Suhail, learned Counsel for the Applicant appearing in Virtual Mode, Mr. Satya Brata Mohanty, learned Additional Government Advocate appearing (in Virtual Mode) on behalf of the State of Odisha and Mr. Dipanjan Ghosh, learned Counsel appearing for the Odisha State Pollution Control Board.
2. The Applicant has filed the present Original Application seeking a direction to the Respondents to revitalize the water body known as “Chandan Pokhari” by de-silting and removal of water hyacinths and other wild growths with a further direction to take steps for preventing dumping of solid and liquid waste into the said water body.
3. It is stated that there is a water body known as “Chandan Pokhari” situated in Khata No.126, Plot No.564, Mouza-Gopinathpur, Routraypur, Dist-Puri, Odisha. It is stated that the said water body in question belongs to the deity Sri Sri Nilakanteswar Dev and is stated to have been patronized by Sri Chaitanya Mahaprabhu, founder of the Gaudiya Vaishnavism who is said to have visited Puri in 1510 AD and established the said temple.
4. It is stated that the management of the deity is headed by Sub- Collector, Puri and Tehsildar-Puri as per directions of the Additional Commissioner of Endowments.
5. It is alleged that the water body in question has started losing its water retention capacity due to uncontrolled pollution and encroachment and is being converted into a dumping yard by dumping all kinds of solid and liquid waste of the nearby areas. It is stated that the water body is used not only for farming and fishing purpo
