National Green Tribunal
Madanmohan Rout vs 1. State Of Odisha Represented Through ... on 4 November, 2025
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.149/2025/EZ
Madanmohan Rout Applicant
Versus
State of Odisha and Ors. Respondents
Date of hearing: 04.11.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
Applicant: Mr. Afraaz Suhail, Advocate (through VC).
Respondents: Ms. Mugdha Pande, Advocate for respondents no.1, 2, 4, 5 and 6
(through VC).
Mr. Dipanjan Ghosh, Advocate for respondent no.3 (through VC).
ORDER
1. The applicant has filed the present Original Application seeking the relief of issuance of directions to the State respondents to revitalize the waterbody namely Landia Pokhari situated in Khata No.3206, Plot No.4741 in Mouza-Samanga, Tehsil-Puri, District Puri, Odisha.
2. Vide order dated 26.08.2025, this Tribunal constituted a Joint Committee comprising of District Magistrate, Puri and representative of Member Secretary, Odisha State Pollution Control Board with direction to visit the spot to verify the factual position and in case of environmental violations, take appropriate remedial action in accordance with law and submit its report with its observations, recommendations and details regarding action taken in respect of the environmental violations.
3. In compliance thereof, affidavit dated 03.11.2025 has been filed by District Magistrate, Puri and Collector, Puri for self and on behalf of 1 respondent no. 1. Report of the Joint Committee has been enclosed with the affidavit. The relevant part of the affidavit reads as under:-
"COMPLIANCE AFFIDAVIT FILED BY ON BEHALF OF THE O.P NO. 01 & O.P NO. 02.
X X X X
4. That, a committee comprising of District Magistrate, Puri, Addl. Chief Environment Scientist-Cum- Regional Officer, OSPCB, Bhubaneswar has been formed as per the order dated 26.08.2025 of the Hon'ble NGT, Eastern Zone, Bench, Kolkata who visited the spot on 14.10.2025 being accompanied with the Tahasildar, Puri & Deputy Collector, Judicial, Puri, Junior Engineer, Drainage Division, Puri, Revenue Inspector of Sasan Damodarpur RI Circle, Panchayat Extension Officer, Gopinathpur Gram Panchayat to the alleged site i.e water body known as "Landia Pokhari" at Khandia Bandha situated in Mz- Samanga, Tahasil Puri, District-Puri, Khata No. 3206, Plot No. 4741, A.C 0.57dec. Kisama Jalasaya on 14.10.2025 at about 12.45.P.M. During the visit, the petitioner Sri Madan Mohan Rout, other village Elites namely Natabar Rout, Bhimasen Majhi, Sankar Rout, Sukant Jena, Bapi Pradhan, Tapu Majhi, Laxmidhar Majhi and Suresh Ch. Sahu were present.
The copy of field visit report is filed herewith as Annexure-A/2.
5. That, during the spot visit it is ascertained that, the un-wanted pollution that is happening to a pond known as "Landia Pokhari" situated in Khata No. 3206 Plot No. 4741 in Mouza- Samanga, Tahasil- Puri measuring Area of Ac 0.57 dec having Kisam-Jalasaya is due to dumping all kinds of solid and liquid waste of the nearby areas. The PWD Road is connected to one side of the Pond, whereas the other side is connected to a Barrier commonly called as Bandha which is also being used as road by the house holds. It is also found that the house holds don't have drain so the liquid are being discharged and solid waste are being dumped into the pond. The pond is fully covered with water hyacinth and wild growth of ferns. The area comes under the jurisdiction of Gram Panchayat and not under Puri Municipality, for which the solid waste is not removed regularly. The pond has been severely polluted and is not being used by Public since long. Due to non-usage, for a very long period of time, the water is covered with water hyacinth and wild growth of ferns.
6. That, the Superintending Engineer, Irrigation, Drainage Division Puri was requested to construct a drain aside/around the pond so that the waste water can be diverted to the main drainage in order to keep the pond water clean. The Superintendent 2 Engineer, Drainage (Irrigation) Division, Puri is taking up the drainage project earlier as per the direction of the Hon'ble NGT(EZ) in O.A No. 16 of 2023/EZ. He is requested to submit additional estimate for construction of this drain to the Govt. in Water Resource Department for approval and allow constructing the said drain vide letter No. 3939 dt. 29.10.2025. The existing hyacinth may be removed after construction of drainage system around the Landia Pokhari as without construction of the drain; the water body cannot be kept clean.
The copy of letter No. 3939 dt. 29.10.2025 is filed herewith as Annexure-B/2.
7. The Block Development Officer, Puri has been requested vide letter No. 3936 dt. 29.10.2025 to make awareness among the general public & nearby house holds regarding not to pollute the Landia Pokhari. He will also take steps to clean the pond with the help of the PRI members, Sarapanch, Ward members & volunteers out of the fund available with him. He is further advised if fund is not available, he may move to P.R & D.W Department to make provision of fund for cleaning of the said pond. The Tahasildar, Puri has also been requested to issue notice to the house owners who are residing nearby Landia Pokhari not to dump solid and liquid wastage into the Landia Pokhari for keeping the hygiene of the pond.
4. The relevant part of the report of the Joint Committee submitted in compliance of order dated 26.08.2025 reads as under:-
"FIELD VISIT REPORT OF THE COMMITTEE COMPRISING OF DISTRICT MAGISTRATE, PURI, A.C.E.S -CUM-REGIONAL OFFICER, STATE POLLUTION CONTROL BOARD, ODISHA, BHUBANESWAR (NODAL) AS PER ORDER DATED 26.08.2025 OF HON'BLE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA IN CONNECTION WITH QA NO. 149/2025/EZ FILED BY MADAN MOHAN ROUT-VRS- STATE OF ODISHA & OTHERS.
X X X X
Allegation:
It is alleged that un-wanted pollution that is happening to a pond known as "Landia Pokhari" situated on Plot No. 4741 of khata No. 3206 in Mouza- Samanga, Tahsil- Puri over an Area Ac 0.57 dec (Kisam-Jalasay) by dumping all kinds of solid and liquid waste of the nearby areas.
Opinion of the Local Gentries:
The Committee discussed with the PRI members and villagers present there. The villagers have opined that the Landia Pokhari was used for farming, fishing purpose and the local people were 3 also taking bath in it. Now it is not being used by the local people due to availability of piped water supply in that area, however the pond is very useful for poor people who have no piped water supply to their houses. They have demanded for cleaning of the Landia Pokhari as well as for construction of drain so as to divert the household wastage to other drainage area and after construction of drain the Landia Pokhari can be kept clean.
Observation:
The committee observed that the PWD Road is connected to one side of the Landia Pokhari whereas the other side is connected to a Barrier commonly called as Bandha which is also being used as road by the houses. It is found that the house holds don't have specific waste water drain for which the liquid is being discharged in the Landia Pokhari by the households. It was also found that the solid wastes are also dumped into the pokhari. At present the pond is fully covered with water hyacinth and wild growth of ferns, severely polluted and it is not being used by Public since long. Due to non-usage, for a very long period of time, the water is covered with water hyacinth and wild growth of ferns. The pond has one outlet to release the excess water from the pond to nearby drainage system to avoid over flow of the water to the nearby areas during rainy season.
The area comes under Gram Panchayat jurisdiction and does not come under Puri Municipality for which the solid waste is not removed regularly. Separate wastewater drainage system is immediately required so that household wastewater can be diverted and channelized to a common drain. The villagers have been advised not to discharge any house-hold solid/liquid wastage furthermore into the water body in order to keep the pond clean. The water body is their asset, so it is their duty not to throw the waste into it and keep the water body in clean condition.
Recommendation:
1. The Superintending Engineer, Drainage Division, Puri may be requested to construct a drain aside/around the pond so that the household wastewater can be diverted to the main drainage in order to keep the pond water clean. The Superintendent Engineer, Drainage (Irrigation) Division, Puri is taking up the drainage project earlier as per the direction of the Hon'ble NGT(EZ) in O.A No. 16 of 2023/EZ. So, he may be requested to submit additional estimate for this drain to the Govt. in Water Resource Department for approval and allowed to construct the said drain. The existing hyacinth may be removed after construction of drainage system around the Landia Pokhari as without construction of the drain; the water body cannot be kept clean.4
2. The Tahasildar, Puri will issue notice to the house owners who are residing nearby Landia Pokhari not to dump solid and liquid wastage into the Landia Pokhari (water body).
3. The Block Development Officer, Puri will make awareness among the general public and nearby house holds regarding not to pollute the Landia Pokhari. He will also take steps to clean the pond with the help of the PRI members, Sarapanch, Ward members and volunteers out of the fund available with him. If fund is not available, he may move to P.R & D.W Department to make provision of fund for cleaning of the said pond.
4. The Sarapanch, Gopinathpur will take step to remove the solid waste from the Pond (water body), regular intervals to keep it clean."
5. This Tribunal has already passed order dated 28.11.2020 in O.A. No. 325/2015 titled Lt. Col. Sarvadaman Singh Oberoi vs. Union of India & Ors. for restoration/rejuvenation of ponds/water bodies in all States/UTs. The issue for consideration in the Original Application was identification, protection and restoration of water bodies in Gurgaon in Haryana. However, in the light of proceedings which took place, the scope of the application was extended to the entire State and then to the entire country, in the interest of protection of environment. This Tribunal noted the need for conservation of water bodies throughout India for healthy environment, particularly in the light of judgment of the Hon'ble Supreme Court in Hinch Lal Tiwari vs. Kamala Devi & Ors. (2001) 6 SCC 496.
This Tribunal observed that under Public Trust Doctrine, the State has to maintain and restore the water bodies. This inter-alia helps availability of water, protection of aquatic life, maintaining micro climate, recharge the ground water and e-flow of the rivers. In view of mandate of law laid down by the Hon'ble Supreme Court and the NGT Act, 2010, this Tribunal, vide order dated 10.05.2019, directed all States/UTs to review the existing framework of restoration of all the water bodies by preparing an appropriate action plan and to include restoration of water bodies as one 5 of the items incidental to waste management covered by orders in O.A. No. 606/2018 Compliance of MSW Rules, 2016, directed CPCB to examine all such plans and furnish its comments to this Tribunal and to prepare and place on its website guidelines in the matter of restoration of water bodies and directed Central Monitoring Committee constituted in terms of order dated 08.04.2019 in O.A. No. 673/2018, News item published in "the Hindu" authored by Shri Jacob Koshy titled "More river stretches are now critically polluted". This Tribunal considered the reports filed by CPCB and the U.P. Oversight Committee and status of compliance and issued further directions vide order dated 18.11.2020. The operative part of order dated 18.11.2020 reads as under:-
"17. In NGT order dated 27.08.2020 in OA 351/2019, Raja Muzaffar Bhat vs. State of Jammu and Kashmir & Ors., it was observed:
"... .... ... ...
8. One of the serious challenges is solid and
liquid waste management, apart from
encroachments. There are binding directions of the Hon'ble Supreme Court in Almitra H. Patel Vs. Union of India & Ors1. and Paryavaran Suraksha vs. Union of India2 on the subject of scientific management of solid waste and sewage/effluents in accordance with the statutory provisions of the Water (Prevention and Control of Pollution) Act, 1974, ('Water Act') Air (Prevention and Control of Pollution) Act, 1981, ('Air Act) and waste management rules framed under the Environment (Protection) Act, 1986 ('EP Act'). There is large scale non-compliance of the said statutory provisions which has led this Tribunal to consider the issue of river pollution in OA No. 673/2018, News item published in "The Hindu" authored by Shri Jacob Koshy Titled "More river stretches are now critically polluted: CPCB" in view of acknowledged data of 351 polluted river stretches in the country.
Apart from the said issue, large scale failure has been found in the matter of solid waste management as repeatedly recorded in O.A. No. 606/2018. The Chief Secretaries of all the States/UTs were required to remain present in person before this Tribunal for interaction and further planning. In O.A. No. 325/2015, Lt. Col. Sarvadaman Singh Oberoi v. UOI & 1 (2000) 2 SCC 679 2 (2017) 5 SCC 326 6 Ors., the Tribunal has considered the issue of restoration of water bodies. In Original Application No. 593/2017, Paryavaran Suraksha Samiti & Anr. v. UOI & Ors., the issue of untreated sewage or effluent being discharged in water bodies have been taken up for consideration. There are several other matters dealing with the such issues, including coastal pollution, pollution of industrial clusters etc.
9. There is discussion in the media about inadequacy of monitoring of action for restoration of lakes, wetlands and ponds which is certainly necessary for strengthening the rule of law and protection of public health and environment3. Several directions have been issued by the Hon'ble Supreme Court in M.K. Balakrishnan and Ors. v. UOI & Ors.4"
18. We also note that the Ministry of Urban Development, Government of India, Central Public Health and Environmental Engineering Organization (CPHEEO) has issued an advisory on "Conservation and Restoration of Water Bodies in Urban Areas"5 in August, 2013 which need to be followed. The matter was also considered by the Standing Committee on Water Resources (2015-16), Sixteenth Lok Sabha. Its Tenth Report has been published by the Ministry of Water Resources, River Development and Ganga Rejuvenation under the heading "Repair, Renovation and Restoration of Water Bodies- Encroachment on Water Bodies and Steps Required to Remove the Encroachment and Restore the Water Bodies"6 in August, 2016. Further, the "Guidelines for the Scheme on Repair, Renovation and Restoration (RRR) of Water Bodies under PMKSY (HKKP)"7 have been published by the Ministry of Water Resources, River Development and Ganga Rejuvenation, Govt. of India in June, 2017. The said report also provides useful material to be looked into by the enforcement agencies.
19. As regards, report of the CPCB on the subject of rain water harvesting, it appears that CPCB has not appreciated the direction of this Tribunal on the subject. While rain water harvesting may be required in all buildings and other places in urban areas, in the present context, the Tribunal has directed setting up of such facilities in sub water sheds along ponds for utilization of surplus rain water for restoration of the ponds which have become dry and for augmenting other ponds.3
https://gradeup.co/lakes-in-india-i-4b99dc80-f6ce-11e7-9d78-07a242af4480 http://www.saconenvis.nic.in/publication/Lake%20Protection%20and%20Management%20o f%20Urban%20Lakes%20in%20India.pdf http://www.worldlakes.org/uploads/Management_of_lakes_in_India_10Mar04.pdf 4 (2017) 7 SCC 805 5 http://mohua.gov.in/upload/uploadfiles/files/Advisory%20on%20Urban%20Water%20Bodies.pdf 6 http://164.100.47.193/lsscommittee/Water%20Resources/16_Water_Resources_10.pdf 7 http://pmksy-mowr.nic.in/documents/RRR_PMKSY_Guidelines_2017.pdf 7
20. There is, thus, need for continuous planning and monitoring at National, State and District levels.
Suggestions and observations of CPCB and the Oversight Committee need to be acted upon.
21. As suggested by the CPCB, a single agency needs to be set up in every State/UTs within one month. This work may either be assigned to the Wetland Authority of the State or the River Rejuvenation Committee or to any other designated authority such as the Secretary, Irrigation and Public Health/Water Resources. It is made clear that if the State Wetland Authority is to be assigned the task of protection of all water bodies, this task will be in addition to the normal functioning of the State Wetland Authority under the Wetland (Conservation and Management) Rules, 2017. Such nodal agency must call a preliminary meeting on the subject with all the District Magistrates on or before 31.01.2021 to take stock of the situation and to plan further steps. Thereafter, a regular meeting may be held for periodic monitoring at the District level as well as the State level with the identified targets of proper and scientific identification and protection of all water bodies, assigning unique identification number, removing encroachments, preventing dumping of waste, maintaining water quality and restoration by taking other appropriate steps, involving the Panchayats and the community, utilizing the financial resources available from different sources. Steps taken need to be documented and compiled and reported to a central authority, preferably the CPCB. This Tribunal has already constituted a CMC to be headed by the Secretary, MoJS with the assistance of CPCB and other authorities to monitor remedial action for 351 polluted river stretches. Restoration of water bodies is also a connected issue which can be monitored by the same Committee atleast thrice a year at the national level.
Directions
22. Accordingly, we dispose of this application with following directions:
(i) All States/UTs may forthwith designate a nodal agency for restoration of water bodies, wherever no such agency has so far been so designated.
(ii) Under oversight of the Chief Secretaries of the States/UTs, the designated nodal agency may a. Hold its meeting not later than 31.1.2021 to take stock of the situation and plan further steps, including directions to District authorities for further course of action upto Panchayat levels and to evolve further monitoring mechanism as well as Grievance Redressal Mechanism (GRM).8
b. Submit periodical reports to the CPCB/Secretary Jal Shakti, Government of India. First such report may be furnished by 28.02.2021.
(iii) The CMC for monitoring remediation of 351 polluted river stretches, headed by the Secretary, MoJS may monitor the steps for restoration of water bodies by all the States periodically, atleast thrice in a year. First such monitoring may take place by 31.3.2021.
(iv) The CMC may give its action reports to this Tribunal in OA 673/2018 and first such report may be furnished preferably by 30.4.2021 by e-mail.
23. Any individual grievances may be first raised before the appropriate GRM or by moving the concerned District Magistrate which may be looked into on merits.
The application stands disposed of accordingly. A copy of this order be forwarded to the Secretary, MoJS, CPCB, the Chief Secretaries of all the States/UTs and all District Magistrates by e-mail for compliance.
All pending I.A.s and M.A.s will stand disposed of."
6. However, it appears that the said order remains on paper only and has not been duly implemented by the State of Odisha as prima-facie established by the report of the Joint Committee regarding the status of the pond in question.
7. Despite specific order passed by this Tribunal on 26.08.2025, appropriate action has not been taken by the respondents within the specified period and responses have not been filed by respondents no. 4, 5 and 6 thereby compelling this Tribunal to grant unnecessary adjournments and causing unreasonable delay and inconvenience in remediation of environmental problems pointed out.
8. In the facts and circumstances of the case, we express our displeasure with respect to the manner in which the orders passed by the Tribunal are implemented. We are constrained to grant adjournments for taking appropriate remedial action and filing of responses by respondents 9 no. 4, 5 and 6 subject to payment of Rs. 10,000/- each as costs. Costs may be deposited with the Registrar, National Green Tribunal, Eastern Zone Bench, Kolkata within one month.
9. Responses may be filed by respondents no. 4, 5 and 6 within two months mentioning in detail action taken by them in compliance with the orders already passed by this Tribunal.
10. The Chief Secretary, Govt. of Odisha is also directed to personally look into the aspect of implementation of the orders passed by this Tribunal in O.A. No. 352/2015 titled Lt. Col. Sarvadaman Singh Oberoi vs. Union of India & Ors. and to file response by way of his own affidavit or affidavit of duly authorized officers regarding steps taken for implementation of the same in the State of Odisha.
11. List on 30.01.2026 for further consideration.
12. A copy of this order may be sent to the Secretary, MoJS, Chief Secretary, Government of Odisha, Member Secretary, OSPCB, Collector and District Magistrate, Puri by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Ishwar Singh, EM November 04th, 2025 Original Application No.149/2025/EZ R 10