Orissa High Court
WP(C)/12946/2020 on 15 March, 2021
W.P.(C)(PIL) No.12946 of 2020
10. 15.03.2021 1. Heard Mr. S. Mohanty, learned counsel for the Petitioner, Mr. S. Palit, learned Additional Government Advocate for the State-Opposite Party Nos.1 to 10 and 12 and respective counsels for other Opposite Parties.
2. In the present writ petition, the Petitioner has prayed to stop illegal construction of 2TPD Micro Composting Centre over Plot Nos.1599 and 1602 in Khata No.415, Konark which fall in the Eco Sensitive Zone of Puri-Konark Balukhand Wild Life Sanctuary and CRZ-III area in larger public interest, along with other prayers.
3. Out of several allegations made in the writ petition, the main contention of the Petitioner is that, the NAC inviting tender through e-Procurement Notice has permitted construction of 2TPD Micro Composting Centre in the concept of Sanitation Park over the aforestated plots and the work has been awarded to Opposite Party No.17, who already has started construction work.
4. Mr. Mohanty, learned counsel for the Petitioner contends that, the area comprising Plot Nos.1599 and 1602 (P) falls within the Balukhand-Konark Wild Life Sanctuary notified under Section 18 of the Wild Life (Protection) Act, 1972. As per the Petitioner, the land comprising 4 acres in Plot Nos.1599 and 1602 (P) is falling within the Wild Life Sanctuary and the Eco Sensitive Zone and the construction -2- work as well as the activities for Micro Composting Centre is prohibited as per the notification of Ministry of Environment, Forest and Climate Change dated 19th May, 2017. Further, the proposed Solid Waste Management in the MCC is violative of Clause 3.9 of the said notification. By referring to bid notice under Annexure-5 which discloses Plot Nos.1599 and 1602, Mr. Mohanty urges for stoppage of such activities by Konark NAC.
5. State-Opposite Parties through Tahasildar, Gop have filed their counter denying all such allegations made by the Petitioner. It is submitted that Government of Odisha in Housing and Urban Development Department as part of 'Swachha Odisha Sustha Odisha' campaign issued the SOP on decentralized solid waste management to be implemented by different urban local bodies. As necessitated, Konark NAC decided to set up a pilot project on Integrated Decentralized Solid Waste Management Model resulting to invitation of bid aforementioned with the consent of 7th Monitoring Committee of Eco Sensitive Zone of Konark-Balukhand Wild Life Sanctuary for carrying out this regulated activities of solid waste management by constructing the MCC with specific condition not to dispose of any solid waste within the ESZ. Accordingly, the regulated processing of solid waste at the MCC has been started in a systematic manner as per the Solid -3- Waste Management Rules, 2016 and the SOP issued in that respect.
Mr. Palit, learned Additional Government Advocate strongly contends for the State-Opposite Parties that construction of MCC and processing of solid waste management is strictly in adherence with the notification dated 19th May, 2017 and the SOP formulated in this regard. It is also submitted by him that the solid waste disposal shall be as per the provisions of 2016 Rules and there will be only organic materials inside the ESZ and no burning or incineration of solid waste is permitted nor any establishment of landfills is permitted inside the ESZ.
6. The Konark NAC and Forest authorities by their separate counters also stand in the same line with the counter affidavit filed by the Tahasildar, Gop.
7. In course of hearing before this Court on earlier occasions, some controversy arose in the submission of the Petitioner and Opposite Parties relating to location of MCC whether fall within the Wild Life Sanctuary area or in the ESZ. This controversy arose due to the statement made by the Tahasildar, Gop at para 6 of his counter affidavit dated 10th August, 2020. As such this Court by order dated 24th February, 2021 directed the State to place on record with an affidavit, a coloured map clearly brining out the precise location of MCC in question.
-4-Pursuant to such direction, the Tahasildar, Gop in his affidavit dated 10th March, 2021 has stated that though initially the construction of MCC was proposed over Plot Nos.1599 and 1602 (P) in Khata No.415, but later the construction of the same was shifted and restricted to Plot No.1602 (P) only as the area in Plot No.1599 was found an uneven terrain unfit for any construction. The coloured map showing the precise location of MCC (in orange colour) over Plot No.1602 beyond the sanctuary area (zone in green colour) have been produced in course of hearing. The affidavit as well as the coloured map produced by Mr. Palit, learned Additional Government Advocate are taken on record.
8. Thus it becomes clear that the construction of MCC is falling outside the Balukhand-Konark Wild Life Sanctuary area and falls within the Eco Sensitive Zone. Since it is the case of the Opposite Parties that, solid waste disposal in the MCC are strictly carried out by following the provisions of Solid Waste Management Rules, 2016 in accordance with the Notification dated 19th May, 2017 and there is no burning or incineration of solid waste or establishment of landfills in the Eco Sensitive Zone and only organic bio-degradable material will be processed being different from incineration as per the permissible activities, which could not be controverted from the materials placed on record, we see no reason for -5- apprehension of the Petitioner regarding violation of the prescribed guidelines and regulations.
9. Taking note of the above submission of the State-Opposite Parties, the writ petition is dismissed.
( Dr. S. Muralidhar) Chief Justice ( B.P. Routray ) Judge B.K. Barik