BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA ............

ORIGINAL APPLICATION No. 80/2023/EZ IN THE MATTER OF:

Sukanta Behera S/o Laxmidhar Behera, R/o at Bankisahi, P.O.- Garadihi, P.S.- Rajbrahmapur, District- Baleswar, Odisha, Pin - 756041, ... Applicant(s)

Versus

1. State of Odisha, Through Principal Secretary, Forest and Environment Department, Government of Odisha, Loka Seba Bhawan, Bhubaneswar, District- Khurda, Odisha - 751001, 2. Deputy Director General of Forest, Ministry of Environment, Forest and Climate Change, Integrated Regional Office (EZ), A/3, Chandrasekharapur, Bhubaneswar, Pin - 751023, 3. Chairman, State Environment Impact Assessment Authority, Odisha, 5RF-2/1, Acharya Vihar, Unit- IX, Bhubaneswar - 751022, 4. District Collector, Balasore At/P.O./Dist.-Balasore, Pin - 764059, 5. Member Secretary, Odisha State Pollution Control Board, Nalakantha Nagar, Bhubaneswar, 6. Tahasildar, Nilagiri, At/po- Nilagiri, Dist.- Balasore, Odisha, 7. Secretary, Ministry of Environment and Forest, Climate Change, Indira Paryabaran Bhawan, Jorbag, New Delhi - 110003, ...(Deleted vide order dt.27.07.2023)

8. Divisional Forest Officer, Balasore, Range Head Quarters, At/ P.O.- Kuruda, Dist.- Balasore, 756056, 9. Subarnarekha Port Private Ltd., MIG-93, Ananthvihar Phase-III, Pokhariput, Bhubaneswar, ....Respondent(s)

COUNSEL FOR APPLICANT(S):

Mr. Sankar Prasad Pani, Advocate COUNSEL FOR RESPONDENT(S) :

Mr. Janmejaya Katikia, AGA for R-1,4,6 & 8, Ms. Amrita Pandey, Advocate for R-2, Mr. Apurba Ghosh, Advocate for R-3, Mr. Dipanjan Ghosh, Advocate for R-5,

JUDGMENT

PRESENT:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

HON’BLE Dr. ARUN KUMAR VERMA (EXPERT MEMBER)

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Reserved On:- February 08^th, 2024 Pronounce On:- March 04th, 2024 __________________________________________________________________

1. Whether the Judgment is allowed to be published on the net? Yes

2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes The Applicant in the present Original Application is, inter alia, seeking the following reliefs:-

a) Hold and declare the grant of quarry permit dated 26.12.2022 in eco-sensitive zone of Kuldhia Wildlife Sanctuary without grant of Environmental Clearance as illegal.

b) The Hon’ble Tribunal may pass any other order deems fit in the interest of justice.

2. The allegation of the Applicant in the present Original Application is that the Tahasildar, Nilgiri, has issued permit to Mirigini Stone Quarry which is situate within one kilometer radius of the Kuldhia Wildlife Sanctuary. It is also alleged that the proposed Stone Quarry at Mirigini Khandia Hudi is a mono-block and blasting, at any point of the hill will have impact on the adjoining sanctuary and human habitation. It is stated that Anganwadi, Primary School, Health and Wellness Centre, Community Centre and many houses under the Prime Minister Awas Yojana (‘PMAY’ for short) have been constructed in the close vicinity of the proposed quarry and blasting activities will have serious impact on the habitations and structures.

3. It is also alleged that the quarry activity will deplete the ground water level in the adjoining area leading to water scarcity. It is stated that the local villagers have filed their objection before the local authorities on 12.04.2023 but nothing has happened till date.

4. It is stated that the Mirigini Stone Quarry is located in Mirigini village of Nilagiri Tahasil, District – Balasore. The extent of the mining area is 2.549 ha. and depicted as Toposheet No. F45015. It is stated that there are two Stone Quarries, namely, Mirigini Stone Quarry – 1 and Quarry – 2 in Nilgiri Tahasil.

5. It is stated that the Divisional Forest Officer, Balasore, vide his letter dated 10.06.2022 has stated that the Plot No.572, Khata No.453 is recorded as DLC Forest and Notified Village Forest under Section 30 of the Odisha Forest Act, 1972.

6. It is also stated that permit ha