National Green Tribunal
Bidhu Bhusan Harichandan vs Dist Collector Khurda on 20 January, 2020
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 54/2018 (EZ)
Bidu Bhusan Harichandan & Anr. Applicant(s)
Versus
District Collector Khurdha & Ors Respondent(s)
Date of hearing: 20.01.2020
CORAM : HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
For Appellant(s): Mr. Sankar Prasad Pani, Advocate
For Respondent (s): Mr. Deepak Kumar Pani, ASC for R-1,5-8
Mr. Gora Chand Roy Choudhury, Adv for R-3
Mr. Subrat Satpathy, Adv for R-4
Mr. Surendra Kumar, Adv For CPCB
ORDER
1. The Committee has not yet filed its report as directed vide order dated 20.11.2019 although according to the Mr. Deepak Kumar Pani, learned Additional Advocate General, it is stated to have been sent. It is submitted by the learned Counsel for the State Government that, having observed the illegal laterite mining being under taken in the area in question, the STF has taken cognizance of various cases in the course of which a large number of persons have been arrested and investigations are underway.
2. Without making any observation on the steps taken by the STF, we direct the State Government to furnish us with the details of the action plan in relation to:
i) Assessment of the damage caused to the area;1
ii) Assessment of environmental compensation which shall be done in consultation with the CPCB which has formulated a guideline in this regard; and
iii) Restitution and restoration of the area.
3. The above action being unavoidable and mandatory for the State to undertake, we direct that the action plan be filed within one month from hence which shall also contain the timelines for completion of the action plan.
4. Mr. Sankar Prasad Pani, learned Counsel for the applicant seeks for leave to file an affidavit to place on record facts indicating the continuation of the illegal mining even as of today.
5. Let the affidavit be taken on record as prayed for. Mr. Pani, shall ensure that copies of the affidavit are served upon the other side within one week from hence.
6. List on 24th February, 2020.
S. P. Wangdi, JM Dr. Satyawan Singh Garbyal, EM Siddhanta Das, EM 14th January, 2020 Original Application No. 54/2018 (EZ) ag 2