National Green Tribunal
1. Amrutlal Patel S/O Late Jay Karan ... vs Additional Chief Secretary Forest And ... on 18 January, 2023
Item No.04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.09/2023/EZ
Amrutlal Patel & Ors. Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 18.01.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate (in Virtual Mode)
ORDER
1. Heard Mr. Sankar Prasad Pani, learned Counsel appearing (in Virtual Mode) for the Applicants.
2. This Original Application has been filed by the two Applicants, on the allegation that the Respondent No.6, Divisional Retail Sales Head, Indian Oil Corporation, Sambalpur Divisional Office, is proceeding with the construction of a 'Petrol Pump' on Plot No. 122, Khata No. 346/262, measuring an area of Ac. 0.30 decimal in Prakashpur, Chicholi Mouza, Tahasil-Ambabhona, District- Bargarh, Odisha, which stands recorded in the name of Rohit Kumar Patel, S/o Asharam Patel.
3. It is stated that the Plot in question is at a distance of less than 20 meters from the residence of the Applicants and others, namely, Fakir Mohan Patel, Dular Kumari Patel, Amrutlal Patel, Sobha Patel, Kamal Lochan Patel, Shivaji Patel and Mahendra Sahu. 1
4. It is alleged that the Respondent No.8, Hemalata Patel, W/o Nandakishor Patel, was selected to set-up the said Petrol Pump in Chicholi-Mouza, Tahasil-Ambabhona, District-Bargarh.
5. Annexure-3 (page no.26 of the paper book) is the Inspection Report dated 13.11.2019 submitted by the Public Information Officer, Ambabhona Tahasil, to the Additional District Magistrate, Bargarh. The relevant extract of the Report is reproduced herein below:-
"1. Land Particulars with details tenancy right: Plot No. 122 measuring an area of Ac. 0.30 dec. bearing Khata No. 346/262 of Mouza-Chicholi stands recorded in the name of Rohit Kumar Patel, S/o Asharam Patel, Caste-Agharia, at his own village in Rayati Status.
2. Public Objection, if any: A grievance petition from the villagers Chicholi have been received through the ADM, Bargarh, vide his letter No. 1760 dt. 8.03.2019 which has been enquired and report attached herewith separately.
3. Details of establishment within 100 meters radius of the proposed site: Organisation like Mahima Ashram, Business establishment like cloth store, wielding shop, motorcycle garage, mobile repairs centre are situated on the other side i.e. left side of the road and the proposed site is on the right side on the way to Bargarh-Ruchida SH. There are 3 no. of habitation houses within 100 meters of proposed site out of that 2 no. are of applicant and his relatives.
4. Distance of habitations/Schools/hospital/Govt.
office/other organization/project, if any, from the proposed site:
a) Habitation: One habitation is 12 meters House of the applicant another habitation is 30 meters-House of relative of applicant and other 3 habitation buildings are 42 meters, 51 meters, 60 meters from the proposed site which are on the other side of the road.
b) School/Hospital/Govt. Office: School Hospital Govt. Office is situated outside the 100 meters radius of the proposed site.
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c) Other Organisation: The boundary wall of organization like Mahima Ashram is 75 meters from the proposed site and the main residential quarters of Mahima Ashram is 102 meters far from proposed site,
d) Project if any: There is no any project within the 100 meters radius of proposed site."
6. It is submitted by the learned Counsel for the Applicant that the said Petrol Pump being set-up by the Respondent No.8, Private Respondent, is in violation of the Siting Criteria dated 07.01.2020 as well as the judgment of the National Green Tribunal dated 22.07.2019 passed in Original Application No. 31/2019 (K. Sathyadevan Vs. Union of India & Ors.) with Original Application No. 86/2019 (Gyanprakash @ Pappy Singh Vs. Union of India & Ors.).
7. In our opinion, matter requires consideration.
8. Issue notice to the Respondents, returnable within four weeks.
9. Mr. Tarun Patnaik, learned Additional Standing Counsel appearing (in Virtual Mode), accepts notice on behalf of the Respondent Nos. 1,2&3, State Respondents, Government of Odisha.
10. Mr. Dipanjan Ghosh, learned Counsel who is present in Court, accepts notice on behalf of the Respondent Nos. 4, Odisha State Pollution Control Board.
11. Mr. Surendra Kumar, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.5, Central Pollution Control Board.
12. Mr. Ashok Prasad, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.7, Dy. Chief Controller of Explosives, Petroleum & Explosives Safety Organisation (PESO).
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13. Issue notice to the Respondent Nos. 6 & 8, returnable within four weeks.
14. All the Respondents shall file their counter-affidavits within four weeks.
15. Considering the Report of the Tahasildar-Ambabhona dated 13.11.2019, (Annexure-3, page no. 26 of the paper book), we direct that there shall be a complete stay on all further constructions of the alleged Petrol Pump situated in Plot No. 122, Khata No. 346/262, in Prakashpur, Chicholi Mouza, Tahasil-Ambabhona, District-Bargarh, Odisha, till the next date of listing.
16. Mr. Sankar Prasad Pani, learned Counsel for the Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Tarun Patnaik, Mr. Dipanjan Ghosh, Mr. Surendra Kumar and Mr. Ashok Prasad, learned Counsel for the Respondents within 24 hours.
17. List on 22.02.2023.
..................................... B. Amit Sthalekar, JM .................................... Prof. A. Senthil Vel, EM January 18, 2023 Original Application No.09/2023/EZ AK 4