State Of Odisha And Others vs Wildlife Society Of Orissa (Elephant ... on 4 May, 2023

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Orissa High Court

State Of Odisha And Others vs Wildlife Society Of Orissa (Elephant ... on 4 May, 2023

Bench: G. Satapathy

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.P.(C) No. 14057 of 2023

            State of Odisha and others                  ....          Petitioners
                                 Mr. Ashok Kumar Parija, Advocate General
                      Assisted by Mr. Tarun Patnaik, Addl. Standing Counsel
                                         -versus-
            Wildlife Society of Orissa (Elephant      .... Opposite Parties
            Corridors) and another
                Mr. P.K. Parhi, DSGI along with Mr. S.S. Kashyap, CGC for
                                                            Opp. Party No.2

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                         ORDER

Order No. 04.05.2023 W.P.(C) No.14057 of 2023

01. 1. Mr. Ashok Kumar Parija, learned Advocate General appearing for the Petitioners-State of Orissa draws attention to an order dated 14th March, 2023 passed by the National Green Tribunal (NGT), Eastern Zone Bench, Kolkata which notes in para 4 of that order that this Court was seized of W.P.(C)-PIL No.14706 of 2022 (Gita Rout v. State of Odisha) on the same issue of notification of an elephant corridor in the State of Odisha.

2. However, in the subsequent order dated 6th April 2023, an ultimatum was given by the NGT to the State of Odisha to notify the elephant corridor within a month thereafter and "no more"

stating that "otherwise the concerned authorities shall be liable under Section 26 of the National Green Tribunal Act".

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3. The next date of hearing in W.P.(C)-PIL No.14706 of 2022 is on the very same date that the NGT has next listed the matter, i.e., 9th May, 2023. This Court has in fact passed a series of orders in the said PIL, all of which, Mr. Parija states were brought to the notice of the NGT.

4. Parallel proceedings both in the NGT and this Court on the same issue is not desirable.

5. Issue notice. Mr. P.K. Parhi, learned Deputy Solicitor General accepts notice on behalf of proforma Opposite Party No.2. Since he accepts notice, let required number of copies of the writ petition be served on him within three working days. Notice be served on Opposite Party No.1 in Dasti.

6. List along with W.P.(C) PIL No.14706 of 2022 on 9th May, 2023.

I.A. No.6544 of 2023

7. Notice as above. Further proceedings in Execution Application No.3 of 2022/EZ in O.A. No.129 of 2016/EZ shall remain stayed till the next date.

(Dr. S. Muralidhar) Chief Justice (G. Satapathy) Judge S. Behera SUMANTA Digitally signed by SUMANTA BEHERA BEHERA Date: 2023.05.05 10:39:06 +05'30' Page 2 of 2

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