Item No.06 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.81/2024/EZ (Earlier OA No.72/2024/PB)

In the matter of:

Sachin Kumar Jena Qr. 92/6, Sailesri Vihar, Bhubaneswar, Pin – 751021 …. Applicant(s)

Versus

1. State of Odisha Through District Magistrate, Jajpur Office of the Collector & District Magistrate, Jajpur

2. Odisha Pollution Control Board Through Member Secretary, Paribesh Bhawan, A/118, Nilakantha Nagar, Unit – VIII, Bhubaneswar – 751012, Odisha

3. Sri Harihar Mohapatra, Project Proponent Agastibagicha, Jajpur …. Respondent(s)

Date of hearing: 12.08.2024 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. Dipanjan Ghosh, Adv. for R-2

ORDER

1. Original Application No. 72/2024/PB was registered by the New Delhi Bench of the Tribunal in view of a letter petition by the Complainant whose grievances have been extracted in the order of the Tribunal dated 21.03.2024 which read as under: -

“X X X X “Your attention is invited to the above letter from the Regional Director Central Pollution Central Board, Kolkata to your address.

In the mean-time a period of more than t sue.months has been passed but no action seems to have been taken against the illegal Kabadi business of Sri Harihar Mohapatra at Agastibagicha under Jajpur Municipality.

Everyday huge quantities of hard wastes are being collected and kept on both sides of the road and behind the old houses of the Kabadi owner as well as the defunct rice mill, both are close to his present residence.

In view of the above situation and instruction of the Regional Director, C.P.C. B, Kolkata we request you to take early appropriate action against the said illegal Kabadi business to abandone the same for the greater interest of the local public.

X X X X”

2. In view of the allegations made, the Tribunal constituted a Joint Committee comprising of:

i) Representative of Odisha State Pollution Control Board; and ii) District Magistrate, Jajpur

3. The Committee was required to verify the factual position with reference to the allegations made in the complaint and submit its Report.

4. The Original Application No. 72/2024/PB was thereafter transferred to the Eastern Bench of the National Green Tribunal and re-numbered as Original Application No.81/2024/EZ Sachin Kumar Jena –vs- State of Odisha & Ors.

5. Affidavit dated 21.05.2024 has been filed by the State Pollution Control Board, Odisha. Along with this affidavit, a copy of the Joint Inspection Report of an inspection carried out on 08.05.2024 has been filed which reads as under: -

“Joint Inspection report in the matter OA No.72/2024/PB –

Sachin Kumar Jena vs. State of Odisha & Others.

The Hon’ble NGT, Principal Branch, New Delhi has been pleased to register a case on the basis of a letter petition received by post from the applicant Sachin Kumar Jena alleging against the operation of illegal Kabadi business of Sri Harihara Mohapatra at Agastibagicha under Jajpur Municipality. It was also alleged that huge quantities of hard wastes are being collected every day and kept on both sides of the Road and behind the old house of the kabadi shop owner as well as the defunct rice mill which are close to his present residence. In connection to this, the Hon’ble NGT in the order dated 21.03.2024 constituted a joint committee comprising of representative of Odisha State Pollution Control Board and Collector & District Magistrate, Jajpur to undertake visit to the alleged site in order to verify the grievances of the applicant in association with the applicant and representative of concerned project proponent. Further Hon’ble NGT in its Order also directed to verify the factual position and suggest appropriate remedial action as mentioned by the applicant in the aforesaid O.A.

In this connection, the both the applicant and the project proponent were requested vide SPCB letter