1

Item No.01

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL

EASTERN ZONE BENCH, KOLKATA

(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.144/2022/EZ

In the matter of:

Sujit Kumar Sahu,

S/o Late Sudhakar Sahu,

Aged about 48 years,

R/o Kanyabeda, P.O.-Kandasar,

P.S.-Nalco Nagar City, Angul,

Pin – 759145,

...Applicant(s)

Versus

1.

State of Odisha,

Through Additional Chief Secretary,

Department of Forest, Environment and Climate Change,

Sachivalaya Marg, Bhubaneswar,

Pin – 751001,

2.

State of Odisha,

Through Principal Secretary,

Department of Water Resource,

Keshari Nagar, Bhubaneswar,

Pin – 751001,

3.

State of Odisha,

Through Principal Secretary,

Revenue and Disaster Management Department,

Sachivalaya Marg, Bhubaneswar,

Pin – 751001,

4.

Collector and District Magistrate, Puri,

Governor House Road, Puri,

Pin – 752002,

5.

Central Pollution Control Board,

Through Chairman,

Parivesh Bhawan, East Arjun Nagar, Delhi,

Pin – 110032,

6.

Odisha State Pollution Control Board,

Through Chairman,

Paribesh Bhawan, A/118, Nilakantha Nagar,

Unit-8, Bhubaneswra,

Pin – 751012,

7.

Block Development Officer, Puri Sadar,

Srikhetra Colony, Station Road, Puri Sadar,

Pin – 752002,

2

8.

Engineer-in-Chief, Water Resource Department,

Heads of Department Building, Bhubaneswar,

Pin – 751001,

9.

Tehsildar, Puri,

Governor House Road, Near Collector Office, Puri,

Pin – 752002,

10.

Office of Executive Engineer, Drainage Division,

Gandarpur, Cuttack,

Pin – 753003,

11.

Superintending Engineer Drainage Division,

Shreevihar Puri,

Pin – 752003,

12.

Nakula Das,

S/o Kanduri Das,

R/o Khandiabandha, P.O.-Gopinathpur, Puri,

Pin – 752002,

...Respondent(s)

Date of hearing: 06.01.2023

CORAM:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER

HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER

For Applicant(s)

: Mr. Afraaz Suhail, Adv. (in Virtual Mode)

For Respondent(s) : Mr. Rajesh Tripathi, ASC for R-1-4,7-11, (in Virtual Mode)

Mr. Surendra Kumar, Advocate for R-5,

Mr. Dipanjan Ghosh, Advocate for R-6,

Mr. Durga Prasanna Tripathy, Adv. for R-12, (in Virtual Mode)

ORDER

1.

Affidavit dated 13.12.2022 has been filed on behalf of the

Respondent No.6, Odisha State Pollution Control Board; the

same is taken on record.

2.

Counter-affidavit dated 04.01.2023 has been filed on behalf of

the Respondent No.4, Collector & District Magistrate, Puri; the

same is taken on record.

3.

Counter-affidavit dated 05.01.2023 has been filed on behalf of

the Respondent No.12, Nakula Das; the same is taken on record.

4.

Mr. Rajesh Tripathi, learned Additional Standing Counsel

appearing (in Virtual Mode) and Mr. Surendra Kumar, learned

3

Counsel file their Vakalatnamas on behalf of the Respondent

Nos. 1 to 4, 7 to 11, Respondents, Govt. of Odisha and the

Respondent No.5, Central Pollution Control Board respectively;

the same are taken on record.

5.

We have heard Mr. Afraaz Suhail, learned Counsel for the

Applicant and Mr. Rajesh Tripathi, learned Additional Standing

Counsel appearing (in Virtual Mode) for Respondent Nos. 1 to 4,

7 to 11, State Respondents, Govt. of Odisha, Mr. Surendra

Kumar, learned Counsel appearing for Respondent No.5, Central

Pollution Control Board, Mr. Dipanjan Ghosh, learned Counsel

appearing for Respondent No.6, Odisha State Pollution Control

Board, and Mr. Durga Prasanna Tripathy, learned Counsel

appearing (in Virtual Mode) for Respondent No.12, Private

Respondent.

6.

The prayer in this Original Application is for a direction to the

State Respondents to demolish all illegal constructions built over

the stream known as ‘Pani Mahara’.

7.

The allegation in the Original Application is that the Respondent

No.12, Private Respondent, has constructed a culvert bridge on

Plot No. 109 under Khata No. 355 situated in Mouza-Bhartipur,

Tahasil-Puri, District-Puri, Odisha, which has affected the flow of

water of the said river/canal i