National Green Tribunal
Radhashyam Sahoo vs State Of Odisha on 2 July, 2021
Item No. 03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 109/2020/EZ
Radhashyam Sahoo Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 02.07.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate
For Respondent(s) : Mr. T.K. Praharaj, ASG
Respondent Nos.1, 2, 3 & 6.
Mr. Gora Chand Roy Choudhury,
Advocate for Respondent Nos.5&7
Mr. Dipanjan Ghosh, Advocate
For Respondent No. 4
Mr. Surendra Kumar, Advocate
For Respondent No.8
Mr. Somnath Roy Choudhury, Adv.
Ms. Arpita Chowdhury, Advocate
For Respondent No.10
ORDER
1. Mr. Sankar Pani, Ld. Counsel is present for the Applicant.
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2. Mr. T.K. Praharaj, Ld. ASG appears on behalf of the Respondent Nos.1, 2, 3 & 6, the State of Odisha, the District Collector, Balasore, the Tahasildar, Jaleswar and the Mining Officer, Baripada Circle. Mr. Gora Chand Roy Choudhury, Ld. Counsel has put in appearance on behalf of Respondent Nos. 5 & 7, the Member Secretary, State Environment Impact Assessment Authority (SEIAA) and the Ministry of Environment, Forest and Climate Change (MoEF & CC). Mr. Surendra Kumar, Ld. Counsel is present for Respondent No. 8, CPCB and Mr. Somnath Roy Chowdhury, Ld. Counsel assisted by Ms. Arpita Chowdhury, Ld. Counsel appears for Respondent No.10.
3. Issue notice to Respondent No. 9.
4. Report of the Committee constituted by the Tribunal has been submitted in the Tribunal by the Odisha State PCB. Mr. Somnath Roy Chowdhury, Counsel for Respondent No. 10 submits that copy of the same has not been served upon him. Mr. Dipanjan Ghosh, Counsel for the State PCB shall serve e-copy/soft copy 2 of the Committee's report on Mr. Somnath Roy Chowdhury within 24 hours.
5. Mr. Pani, Ld. Counsel for the Applicant states that he has already received the copy of the Committee's report.
6. The Counsel for Respondent No.10 as well as the counsel for other Respondents may file their affidavits at least one week before the next date fixed after serving copy upon Mr. Dipanjan Ghosh, Counsel for the State PCB.
7. Mr. Dipanjan Ghosh, Counsel further submits that the Committee's report is confined to only one brick kiln, viz., Sathi Brick Kiln in Mahammadnagar Patna, Jaleswar Tahasil, Dist Balasore , Odisha. Ld. Counsel prays for and is granted two weeks time to file the report with regard to the Devee Brick Kiln. Ld. Counsel will also indicate in the report whether these two brick kilns have been closed or not since in the committee's report already filed, it is clearly stated that Sathi Brick Kiln Unit has not obtained EC and valid CTO and they have also issued a letter for closure of 3 the unit dated 16.04.2021. But it has not been stated as to whether the unit has been closed thereafter. The Committee's report also does not indicate as to whether the criminal proceedings has been initiated against the erring brick kiln/kilns. Let the affidavit be filed within three weeks after serving e-copy/soft copy of the same upon Ld. Counsel for the Applicant as well the other Counsel for the Respondents at least one week before the next date fixed.
8. List on 04.08.2021.
................................... B. Amit Sthalekar, JM ................................. Saibal Dasgupta, EM July 02.07. 2021 Original Application No.109/2020/EZ AKC 4