National Green Tribunal
Rural Organisation For Social ... vs State Of Odisha on 1 May, 2023
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.46/2023/EZ
(I.A. No.25/2023/EZ)
Rural Organization for Social Empowerment (ROSE) Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 01.05.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Subir Palit, Sr. Advocate a/w
Mr. Abhishek Kejiriwal, Advocate (in Virtual Mode)
ORDER
1. We have heard Mr. Subir Palit, learned Senior Counsel assisted by Mr. Abhishek Kejiriwal, learned Counsel appearing (in Virtual Mode) for the Applicant.
2. The allegation of the Applicant in this Original Application is that the Respondent No.9, M/s Jagabandhu Enterprisers Pvt. Ltd., is operating the Nilaprasad Road Metal Quarry Nos. V & VI on a temporary permit for 5000cum issued on 10.10.2022 by the Odisha Power Transmission Corporation Limited ('OPTCL' for short), Respondent No.8.
3. It is alleged that the Respondent No.9 was granted a tender vide letter dated 16.08.2014 which was completed on 31.07.2021 and valid upto 29.12.2021 and thereafter the said Respondent has obtained fresh temporary permit for 5000cum on the basis of another alleged contract granted by the OPTCL, Respondent No.8, vide letter dated 29.12.2021 as stated in para 4.2 of the Original Application. It is stated that the Applicant made RTI enquiry and 1 was informed that no such letter dated 29.12.2021 for quarry permit was issued in favour of Respondent No.9.
4. The contention the Applicant is that under the Odisha Minor Mineral Concession Rules, 2016, (hereinafter referred to as 'the OMMC Rules, 2016'), a temporary permit for quarry can be granted under Rule 34 only to State Agencies or Project Proponents for public purposes. It is stated that Explanation-I to Rule 34 of the OMMC Rules, 2016, defines 'State Agencies' to mean any Department of the State or Central Government or Company or Corporation under the control of the State or Central Government and shall include any Government Organization as defined in sub- rule (3) of Rule 39. It is further stated that Explanation-II to Rule 34 of the OMMC Rules, 2016, defines 'Project Proponent for public purposes' to mean any person or firm or company executing any Government project and shall include schematic beneficiaries under Government scheme like - IAY, RAY etc.
5. The contention of the Applicant is that the Respondent No.9 does not come either under Explanation-I or Explanation-II to the Rule 34 of the OMMC Rules, 2016 and, therefore, has been carrying on illegal quarrying of stones/road metal.
6. It is also stated that the Respondent No.9 is operating under a permit dated 10.10.2022 (Annexure-A/1(A) to the Original Application), which is stated to be valid upto 09.01.2023. The said documents clearly states that 'the permit shall be valid for 3 (three) months' from 11.10.2022 to 09.01.2023'. Therefore, this is in violation of the specific conditions given in Rule 34 of the OMMC Rules, 2016.
7. In our opinion, matter requires consideration. 2
8. Issue notice to the Respondents, returnable within four weeks.
9. Ms. Samapika Mishra, learned Additional Standing Counsel appearing (in Virtual Mode), accepts notice on behalf of the Respondent Nos. 1, 5, 6 & 7, State Respondents, Government of Odisha.
10. Mr. Apurba Ghosh, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.3, SEIAA, Odisha.
11. Mr. Dipanjan Ghosh, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.4, Odisha State Pollution Control Board.
12. Issue notice to the Respondent Nos. 2, 8 & 9, returnable within four weeks.
13. All the Respondents shall file their counter-affidavits within four weeks.
14. Considering the allegations made, we deem it appropriate to constitute a Committee comprising of the following Members:-
a) Senior Scientist from Odisha State Pollution Control Board;
b) Senior Scientist from the SEIAA, Odisha,
c) Senior Scientist from the Ministry of Environment, Forests and Climate Change, Integrated Regional Office, Bhubaneswar; and
d) Collector, Dhenkanal, or his nominee (not below the rank of Additional District Magistrate).
15. The Committee shall visit and inspect the site in question and submit its Report within four weeks with regard to the allegations made in the Original Application and if the allegations are confirmed, the Committee shall compute Environmental Compensation against the Respondent No.9, after giving due notice and an opportunity of being heard to him.
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16. The Office of the Collector, Dhenkanal, shall be the Nodal Office for all logistic purposes and for filing the Report of the Joint Committee on affidavit.
17. Mr. Abhishek Kejiriwal, learned Counsel shall serve e-copy/soft copy of the Original Application along with all its annexures upon Ms. Samapika Mishra, Mr. Apurba Ghosh and Mr. Dipanjan Ghosh, learned Counsel for the Respondents within 48 hours.
18. List on 05.07.2023.
..................................... B. Amit Sthalekar, JM ............................................ Dr. Arun Kumar Verma, EM May 1st, 2023 Original Application No.46/2023/EZ (I.A. No.25/2023/EZ) AK 4