National Green Tribunal
Satrughan Meher S/O Late Lingaraj Meher ... vs 1. State Of Odisha Through Chief ... on 13 September, 2023
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.109/2023/EZ
Satrughan Meher Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 13.09.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate (in Virtual Mode)
For Respondent(s) : Mr. Sakti Prasad Panda, AGA for R-1,2,5,6 & 7
(in Virtual Mode),
ORDER
1. Heard Mr. Sankar Prasad Pani, learned Counsel appearing (in Virtual Mode) on behalf of the Applicant.
2. The allegation in this Original Application is that the Respondent No.9, RSA Infra Project Private Limited is executing the fourth Railway Line Track from Jharsuguda to Bilaspur for which earthbed has been constructed by taking earth/morrum from various places including Khata No.59 Plot No.233/331, Khata No.60 Plot No.255/333, Khata No.1 Plot No.287/346.
3. It is stated that about 20 lakh cubic meters of morrum have been illegally lifted/extracted from various places in Jharsuguda.
4. It is also stated that the Applicant made a complaint to the Additional Chief Secretary, Water Resource Department mentioning that one company namely Radheshyam Agarwal (RSA) Group is continuously extracting soil and earth from the acquired area of the Hirakud Reservoir in Jamuapali and Singhabaga, Pudapali, IB and other 1 villages illegally in connivance with local officials of the Irrigation Department.
5. It is alleged that illegal morrum mining has been carried out in the Revenue Forest land of different villages and trees have been felled by the private respondent for mining of morrum.
6. In our opinion, matter requires consideration.
7. Issue notice to the Respondents, returnable within four weeks.
8. Mr. Sakti Prasad Panda, learned Additional Government Advocate who is appearing (in Virtual Mode), accepts notice on behalf of the Respondent Nos.1, 2, 5, 6 and 7, State Respondents, Government of Odisha.
9. Mr. Dipanjan Ghosh, learned Counsel who is present in the Court, accepts notice on behalf of the Respondent No.3, Odisha State Pollution Control Board.
10. Mr. Apurba Ghosh, learned Counsel who is appearing (in Virtual Mode), accepts notice on behalf of the Respondent No.4, State Environment Impact Assessment Authority (SEIAA), Odisha.
11. Ms. Rashmi Singhee, learned Counsel who is appearing (in Virtual Mode), accepts notice on behalf of the Respondent No.8, Ministry of Environment, Forests and Climate Change (MoEF&CC).
12. Issue notice to the Respondent No.9, RSA Infra Project Private Limited 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: -
i) Senior Scientist, Odisha State Pollution Control Board; 2
ii) Senior Scientist, State Environment Impact Assessment Authority (SEIAA), Odisha;
iii) Representative of the District Collector, Jharsuguda not below the rank of Additional District Magistrate (ADM); and
iv) Divisional Forest Officer (DFO) or his Representative
15. The Committee shall visit the site and after inspection, submit its Report on affidavit.
16. The Odisha State Pollution Control Board shall be the Nodal Office for all logistic purposes and shall file the Committee Report on affidavit within three weeks.
17. In case violations are found, the Committee shall recommend penalty as well as Environmental Compensation and also suggest remedial measures, if any.
18. The learned Counsel for the Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Sakti Prasad Panda, Mr. Dipanjan Ghosh, Mr. Apurba Ghosh and Ms. Rashmi Singhee, learned Counsel for the Respondents within 24 hours.
19. List on 16.10.2023.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM September 13, 2023, Original Application No.109/2023/EZ SKB 3