National Green Tribunal
Giridhari Das vs State Of Odisha Through Chief Secretary ... on 4 September, 2024
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.176/2024/EZ
Giridhari Das Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 04.09.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Ms. Chinmayee Bhol, Adv. (in Virtual Mode)
ORDER
1. Heard Ms. Chinmayee Bhol, learned Counsel appearing (in Virtual Mode) for the Applicant.
2. This Original Application has been filed by the Applicant stating that he is a lessee of M/s. Bariko Laterite Stone Quarry, Bariko which was granted Consent to Establish (CTE) on 03.12.2022 by the State Pollution Control Board for extraction of Laterite Stone. It is stated that as per the Consent to Operate (CTO), the scheduled area of the said Quarry is Plot No.673, Khata No. 210, Kissam - Pathar Chatana having Leasehold area of 0.880 Ha or 2.173 Acres situated at Bariko Mouza, Vill- Bariko, Tahasil/P.S. - Tangi, Dist. - Khordha. It is stated that the Consent to Operate was granted on 05.01.2023 and Environmental Clearance was granted on 02.06.2022.
3. The allegations in the Original Application interalia are that the Respondent No.12, one Madhu Sudan Palai is illegally extracting and mining Laterite Stone and Morrum in Bariko Mouza of Tangi Tahasil. It is alleged that the illegal extraction of Quarry has been going on in Bariko Mouza from Plot Nos. 693, 692, 694, 686 and 1 686/891 which is situated at Bariko Mouza, Vill - Bariko, Tahasil/P.S. - Tangi, Dist. - Khordha.
4. The details of the family member of the Respondent No.12 with respect to the Plot Nos. is given in paragraph 2 of the Original Application which reads as under: -
at page 3.
"Serial No. Plot No. Owner Name Relation with Respondent No.12
1. 693 Binayak Pallai Father
2. 692 Kamali Pallai, Adaita Pallai, Cousins jaga Pallai, Sambhari Pallai, Jogi Pallai
3. 694 Kamali Pallai, Adaita Pallai, Cousins Jaga Pallai, Sambhari Pallai, Jogi Pallai
4. 686 Bharat Pallai Brother-in-law
5. 686/891 Kailash Pallai Brother-in-law"
5. The allegations also is that Respondent No.12 is the Sarpanch of the village and is engaged in illegal Laterite Stone and Morrum mining.
6. Matter requires consideration.
7. Issue notice to the Respondents, returnable within four weeks.
8. Mr. Tarun Patnaik, learned Additional Standing Counsel who is present (in Virtual Mode), accepts notice on behalf of the Respondent Nos.1, 2, 3, 4, 5, 6, 10, 11 and 13, State Respondents, Government of Odisha.
9. Ms. Papiya Banerjee Bihani, learned Counsel who is present (in Virtual Mode), accepts notice on behalf of the Respondent Nos.7 and 8, Odisha State Pollution Control Board.
10. Mr. Apurba Ghosh, learned Counsel who is present (in Virtual Mode), accepts notice on behalf of the Respondent No.9, State Environment Impact Assessment Authority (SEIAA), Odisha. 2
11. Issue notice to the Respondent No.12, Private Respondent, returnable within four weeks.
12. All the Respondents shall file their counter-affidavits within four weeks.
13. Considering the allegations made in the Original Application, we deem it appropriate to constitute a Committee comprising of the following members:-
i) Senior Scientist, Odisha State Pollution Control Board;
ii) Collector and District Magistrate, Khordha or his representative not below the rank of Additional District Magistrate (ADM); and
iii) Senior Officer of the Department of Mines and Geology, Bhubaneswar.
14. The Odisha State Pollution Control Board shall be the Nodal Body for all logistic purposes and shall file the Fact Finding Report on affidavit.
15. The Committee shall visit the site and submit its Report within three weeks.
16. Learned Counsel for the Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon the Counsel for the Respondents who have accepted notices within 24 hours.
17. Mr. Sankar Prasad Pani, learned Counsel who is present in virtual mode in another matter, informs that the Respondent No.12 in this case, Madhu Sudan Palai has filed his own Original Application No.05/2024/EZ in which Mr. Pani is appearing as Counsel, making allegations against Giridhari Das, the Applicant of Original 3 Application No.176/2024/EZ and therefore, both the matters may be taken up together.
18. List on 19.11.2024 along with O.A. No.05/2024/EZ.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM September 04, 2024, Original Application No.176/2024/EZ SKB 4