National Green Tribunal
Mahendra Mohanty vs State Of Odisha on 8 September, 2020
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 26/2020/EZ
(I.A. No. 15/2020)
Mahendra Mohanty & Ors. Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 08.09.2020
CORAM: HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s): Mr. Kailash Chanadra Satapathy Adv
for Applicants
For Respondent(s): Mr.Saubhagya Ketan Nayak Adv for
State of Odisha
(R-1 to R.5) on behalf of Adv Prasenjeet
Mahapatra
ORDER
1. By filing this application the applicant seeks to question the wisdom of the Cuttack Municipal Corporation in undertaking the project of housing for slum dwellers on the river bed of Mahanadi on a land within village Nimpur situated between Mahanadi and Birupa Rivers. It is contended that the proposal has been approved in violation of the Forest Conservation Act as forest land (Gramya Jungle) is also involved at the project site, the Environment 1 Protection Act and the Air and Water Act as well as the Bio Diversity Act, 2002. It is stated that no forest clearance has been obtained and forest land has been wrongly mentioned as Gocher in the letter seeking allotment submitted by the Respondent No.3 dated 31.01.2020.
2. When the case was taken up on 8.5.2020, notice was issued upon the respondents and at the same time directed the District Magistrate and Collector, Cuttack District and the Divisional Forest Officer of the said district to jointly inspect the area in question, verify factual aspects and submit a report.
3. In compliance with the above directions the Collector -cum-
District Magistrate, Cuttack has filed an affidavit placing on record the report of the joint enquiry conducted by him and the Divisional Forest Officer. The report reads as follows:-
"1. As per the order Dtd. 08.05.2020 passed by the Hon'ble National Green Tribunal, Principal Bench, New Delhi in O.A No. 26/2020, the Collector & District Magistrate, Cuttack along with Divisional Forest Officer, Cuttack visited the site, where Cuttack Municipal Corporation, Cuttack has undertaken temporary relocation of slum dwellers evicted from both the sides of the Taladanda Canal, which passes through the city 2 of Cuttack. Taladanda Canal is a major canal from river Mahanadi and it comes under the jurisdiction of Water Resources Department of Govt. of Odisha. The slum dwellers who had encroached on the both the sides of this canal have been evicted and they are being temporarily relocated on the reclaimed land of Mouza-Nimpur.
2. It may be pointed out that, as per order Dtd. 27.02.2012 and 16.04.2015 passed by the Hon'ble High Court of Orissa in W.P.(C) No. 20283 of 2011, some of the shoals inside the river Mahanadi are being dredged to ensure free flow of water. The dredged sand from river Mahanadi is being used to fill up the low lying areas near the river. As per the survey conducted by the consultants of IIT, Chennai such low lying areas have been identified and they are being reclaimed by filling up the dredged sand. Unless such reclaimed areas are put to use for public purpose, they are likely to be encroached.
3. The present site, where CMC, Cuttack has made arrangement for temporary relocation of the slum dwellers include an area of Ac6.06dec under plot No. 749, 3732, 3731, 3715, 3713, 3712, 3760, 3750 & 3716 of Khat No. 954 which stands recorded in the name of Water Resources Department. The Kisam of the said land is Nadi (River). However this reclaimed land does not possess any character of a river and it is far from the river bed. It also does not have any character of Gramya jungle as claimed by the petitioner. Therefore the facts stated by the petitioners in their petition are incorrect. 3
4. The CMC, Cuttack is assisting the Water Resources Department for protection of its canal by evicting the encroachers on both the sides of Taladanda Canal and making arrangements for temporary relocation of the evicted slum dwellers on the present site which belongs to the Water Resources Department. The encroachers were earlier polluting the canal water, hence the petitioners who are objecting to this work of great public importance may be doing so with an ulterior motive of grabbing valuable Govt. land in the reclaimed areas."
4. Since the land on which the temporary relocation of slum dwellers evicted from both the sides of the Taladanda Canal is not a forest land as claimed by the applicant according to report, the principal allegation appears to have been belied and, accordingly, the application would not sustain further. However, we are concerned with the fact that the temporary relocation is being done on a reclaimed land of Mouza- Nimpur. Therefore, it would be in the interest of the environment that the temporary relocation should be shifted at the earliest as may be practicable to a permanent area identified at a location which is not environmentally sensitive.
5. With the above observations and directions this O.A stand disposed off.
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6. No order as to cost.
S.P. Wangdi, JM Dr. Nagin Nanda, EM 8th September, 2020 Original Application No. 26/2020/EZ (I.A. No. 15/2020) pk 5