Item No.04 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.68/2024/EZ (Earlier O.A. No.26/2024/PB)

In the matter of:

Dr. Laxmidhar Biswal Vill: Olihan, PO: Alasahi, PS – Astaranga, Dist.: Puri, Odisha - 752109 …. Applicant(s)

Versus

1. Member Secretary, Odisha State Pollution Control Board (OSPCB), A/118, Unit – VII, Nilakantha Nagar, Bhubaneswar;

2. District Magistrate, Puri Collector’s Office, Governor House Road, Puri, Odisha – 752002;

3. Principal Secretary Irrigation Department of State of Odisha;

4. Regional Officer, Ministry of Environment, Forests and Climate Change (MoEF&CC), Bhubaneswar;

5. Member Secretary, Central Pollution Control Board (CPCB), Parivesh Bhawan, East Arjun Nagar, Delhi - 110032 …. Respondent(s)

Date of hearing: 07.08.2024 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : None For Respondent(s) : Mr. Tarun Patnaik, ASC for State (in Virtual Mode)

Mr. Dipanjan Ghosh, Adv. for R-1 (in Virtual Mode), Ms. Anamika Pandey, Adv. for R-4, Mr. Ashok Prasad, Adv. for R-5

ORDER

1. Case called out. No one is present on behalf of the Applicant.

2. This Original Application was originally registered in the New Delhi Bench of National Green Tribunal as O.A. No.26/2024, (Dr. Laxmidhar Biswal Vs. State of Odisha), on a letter petition received by the New Delhi Bench from the Applicant-Dr. Laxmidhar Biswal resident of Olihan, P.O.-Alasahi, P.S.-Astaranga, District-Puri, Odisha. Thereafter, the case file has been transferred to the Eastern Zone Bench, Kolkata by the New Delhi Bench vide order dated 16.02.2024 and the case has been re-numbered as Original Application No.68/2024/EZ.

3. This Original Application was registered on the basis of the letter petition received from one Dr. Laxmidhar Biswal resident of Olihan, P.O. Alasahi, PS Astaranga, District Puri, Odisha making an allegation that the contractor, namely, Sri Bidyadhar Swain, JE Er. Sushanta Kumar Pradhan of OSPH&WC Bhubaneswar division have encroached upon Prachi River unauthorizedly and caused irreparable loss to the river in the process of implementing the on- going project at Kakatpur i.e. construction of the Model Bus Stand at Kakatpur. It has been alleged that the project proponent and the named official have encroached upon the Prachi River.

4. At the time of admission, the Tribunal constituted a Committee comprising of the following members:-

(i) Representative of Central Pollution Control Board;

(ii) Member Secretary, Odisha State Pollution Control Board;

(iii) District Magistrate, Puri.

5. The Committee was required to visit the site and submit its Report with reference to the allegations made in the letter petition.

6. The Respondent No.2, Collector, Puri, has filed affidavit dated

18.07.2024 bringing on record the Report of the Enquiry Committee which reads as under:-

“In compliance to the above order, the Joint Committee comprising of Collector Puri, Dr. S. Giri (OSPCB), and Toufic Aslam Scientist “C”, CPCB, Regional Directorate, Kolkata made an inquiry into the matter on the spot at Kakatpur on dated 14.05.2024 in the presence of the Additional Tahasildar, Kakatpur. Revenue Supervisor, Kakatpur and Revenue Inspector, Kantapada.

The following points are noticed by the above Joint inquiry committee.

1. Bus stand is constructed and fully functioning over the Plot No. 3733/4633 with an area of Ac. 1.00 (kissam Patita) under the Khata No — 1193 (Abada Jogya Anabadi) of Mouza Balara of Kakatpur Tahasil. But this plot was previously recorded as Plot No- 3733 with an area of Ac. 1.84 decimal (kissam Prachi Nadi) under the Khata No- 1194 (Abada Ajogya Anabadi) of Mouza Balara as per the final R.O.R. published on Dated 31.03.1992.

2. As per the De-reservation Case No- 21/2005, an area of Ac. 1.00 out of plot No. 3733 Ac. 1.84 dec. of khata No- 1194(AAA) has been de-reserved for the purpose of Bus Stand as the Rive