Orissa High Court
9.1987 Which Is Taken On Record vs Union Of India & Ors.) on 4 June, 2020
W.P.(C) No.12946 of 2020 W.P.(C) No.12946 of 2020 & I.A. No.5923 of 2020
02. 04.06.2020 Heard Mr. S. Mohanty, learned counsel for the petitioner; Mr. S. Palit, learned Additional Government Advocate for the State-opposite party nos.1 to 10 & 12 and Mr. B. Dash, learned Central Government Counsel for opposite party nos.14, 15 & 16 by Video Conferencing mode.
Contention of learned counsel for the petitioner is that the Notified Area Council, Konark has issued an e- procurement notice inviting bids on percentage basis in double bid system on online mode for the work "Construction of 2 TPD Micro Composting Centre in the Concept of Sanitation Park Over Plot No.1599, 1602, Khata No.415 near Helipad Ground, Konark N.A.C., Konark". The work has been awarded to opposite party no.17 who has started digging the land and also making construction. The area comprising in plot No.1599 & part of 1602 falls within the Balukhanda-Konark Wildlife Sanctuary notified under Section 18 of Wildlife (Protection) Act, 1972 (for short, "the Act") vide notification dated 01.09.1987. Learned counsel for the petitioner files a memo along with the notification dated 01.09.1987 which is taken on record.
Learned counsel for the petitioner has referred to various provisions of the Act and also the communication dated 02.07.2004 sent by the Central Empowered Committee of the Supreme Court, inviting attention of the Chief Secretaries of all the States and Union Territories, towards the order dated 14.02.2000 passed by the Supreme Court in -2- I.A. No.548 in Civil Writ Petition No.202/1995 (T.N. Godavarman Thirumulpad vs Union Of India & Ors.) prohibiting removal of dead, dying, diseased trees, etc. from any National Park and Sanctuary (protected areas). Even the removal of grass etc. from National Parks and Sanctuaries has been prohibited. Any non-forestry activity, felling of trees/bamboo, removal of biomass, miscellaneous construction activities, etc. in the protected area are not permissible without prior permission of the Supreme Court.
Learned counsel for the petitioner submits that not only the aforesaid plots are part of the Balukhand-Konark Wildlife Sanctuary, but remaining part of the Plot no.1602 adjoining the boundary of the Wildlife Sanctuary, being within 500 meters, also falls within the Eco Sensitive Zone, where also all such activities are prohibited.
Issue notice.
Learned Additional Government Advocate for the State accepts notice on behalf of opposite party nos.1 to 10 & 12 and learned Central Government Counsel accepts notice on behalf of opposite party nos.14, 15 & 16, let required number of extra copies of the petition be provided to them within three days.
Notice be issued to opposite party nos.11, 13 & 17 by Registered Post with A.D. making the same returnable within eight weeks, requisites for which shall be filed within a week.
List this matter on 04.08.2020.
-3-In the meanwhile, status quo, as on today, with regard to portion of land i.e. Plot No.1599 & 1602, Khata No.415 under Konark N.A.C., Konark shall be maintained and no construction activities shall be carried out on the land in question.
As Lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587, dated 25.03.2020.
(Mohammad Rafiq) Chief Justice ( Dr. B.R. Sarangi ) Judge MP/SKG