National Green Tribunal
1. Om Sri Sri Sarbajanina Durga Puja ... vs 1. State Of Odisha Through Additional ... on 24 April, 2023
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.42/2023/EZ
Om Sri Sri Sarbajanina Durga
Puja Committee, Brundamal, Jharsuguda,
Odisha Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 24.04.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate (in Virtual Mode)
ORDER
1. Heard Mr. Sankar Prasad Pani, learned Counsel is present (in Virtual Mode) for the Applicant on admission.
2. The allegation in the Original Application is that the Respondent No.9 is the Project Proponent operating 1.8 MTPA (Million Tonne Per Annum) Aluminium Smelting capacity and associated 3615 MW thermal power generation facility. It is alleged that in Village- Brundmal there are four ponds which are used by the villagers for hundreds of years for various purposes like bathing and other domestic purpose. Local cattle and stray animals also drink water from these ponds and the ponds are also used for cultivation.
3. It is alleged that in 2021 due to low rainfall the ponds dried up and the villagers faced serious problems. It is alleged that Pond No.2 was dug out with the help of machines and Hyva and then filled with fly-ash.
4. It is alleged that in the village the Pond No.1 is situate on in Plot No.773 in an area of 0.44 Acre. The Pond No.2 is situate on Plot No.769/1588, Khata No.226, Kisam-Kata, in an area 3.50 Acre. 1 The Pond No.3 is situate on Plot No.1063 and 1070 in an area of 0.7 Acres and 1.85 Acres and Pond No.4 is situate on Plot No.752 having area 1.10 Acres.
5. It is also stated that in Village-Brundamal, there is about 740 acres of Government land but the Respondent No.9 has dug out 30 feet deep of earth from Pond No.2, Khata No.226, Kisam-Kata, in Plot No.769/1588 and filled up the same with fly ash. It is stated that the Kisam of the land is "KATA" and the same is a water body /Jalasay.
6. It is alleged that the Respondent No.9 is carrying on its illegal mining operations in clear violation of the Fly Ash utilization Notification 2016.
7. Matter requires consideration. Issue notice to the Respondents.
8. Mr. Anand Prakash Das, learned Additional Standing Counsel, appearing (in Virtual Mode) accepts notice on behalf of Respondent Nos.1,2,6 & 7, State Respondents.
9. Mr. Apurba Ghosh, learned Counsel appearing (in Virtual Mode) accepts notice on behalf of the Respondent No.3, State Environment Impact Assessment Authority, Odisha.
10. Ms. Papiya Banerjee Bihani, learned Counsel appearing (in Virtual Mode) accepts notice on behalf of the Respondent No.4, Odisha State Pollution Control Board.
11. Ms. Rashmi Singhee, learned Counsel appearing (in Virtual Mode) accepts notice on behalf of the Respondent No.5, Ministry of Environment and Forest & Climate Change, New Delhi.
12. Issue notice to the Respondent No.9, returnable within four weeks.
13. Considering the allegations made we deem it appropriate to constitute a Committee comprising of the following Members:- 2
i) District Collector and District Magistrate or his/her nominee not below the rank of ADM, Jharsuguda, Odisha;
ii) Senior Scientist/ Environmental Engineer from Odisha State Pollution Control Board;
iii) Senior Scientist/Environmental Engineer from Central Pollution Control Board, New Delhi;
The Odisha State Pollution Control Board shall be the nodal body for all logistic purposes and the filing the counter-affidavit bringing on the record of the Committee Report.
14. The Committee shall inspect the site in question and submit its report with regard to the allegations made in the Original Application and any other observations the Committee may deem fit in the circumstances of the case and also suggest remedial action along with Environmental Compensation.
15. All the Respondents shall file their counter-affidavits within four weeks.
16. The learned Counsel for the Applicant shall provide e-copy/soft copy of the Original Application along with all its annexures to the learned Counsel for the Respondents within 24 hours.
17. List on 25.05.2023.
..................................... B. Amit Sthalekar, JM ....................................
Dr. Afroz Ahmad, EM April 24, 2023 Original Application No.42/2023/EZ BD 3