National Green Tribunal
Biranchi Narayan Mahapatra vs State Of Odisha on 15 December, 2021
Item No. 11 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 82/2015/EZ
(I.A. No. 93/2021/EZ & I.A. No. 104/2021/EZ)
Biranchi Narayan Mahapatra Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 15.12.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Biranchi Narayan Mahapatra, in person
For Respondent(s) : Ms. Samapik Mishra, ASC for R-1,2,4&6,
Ms. Papiya Banerjee Bihani, Advocate for R-3,
Mr. Surya Prasad Mishra, Sr. Advocate a/w
Mr. Ramesh Sahoo, Advocate for R-5,
ORDER
1. Mr. Biranchi Narayan Mapahatra, the Applicant in person is present.
2. Mr. Surya Prasad Mishra, learned Senior Counsel assisted by Mr. Ramesh Sahoo, larned Counsel is present for Respondent No.5, Municipal Commissioner, Berhampur Municipal Corporation, Ms. Samapika Mishra, learned Additional Standing Counsel is present for Respondent Nos. 1, 2, 4 & 6, State Respondents, Govt. of Odisha, and Ms. Papiya Banerjee Bihani, learned Counsel is present for Respondent No.3, Odisha State Pollution Control Board.
3. Dr. Siddheshwar Baliram Bondar, Commissioner, Berhampur Municipal Corporation, is present in the Court through Virtual Court Proceedings.
4. An affidavit dated 13.12.2021 has been filed on behalf of the Respondent No.5, Berhampur Municipal Corporation; the same is taken on record.
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5. In the affidavit, it is stated that Shri Ramesh Sahoo, learned Counsel who is residing at Cuttack could not connect with the Virtual Court Proceedings on 10.11.2021 due to internet problem and, therefore, Mr. Ramesh Sahoo went un-represented on that date as a result of which this Tribunal had then passed order dated 10.11.2021 directing personal presence of the Municipal Commissioner, Berhampur Municipal Corporation with a further stipulation as to why action under Section 26 (1) of the National Green Tribunal Act, 2010 be not taken against him.
6. In paragraph 9 of the affidavit, it is also stated that the process of eviction of all the encroachers over 8 water bodies, out of 11 water bodies, has been completed and in respect of two water bodies, namely, Lanjipalli Gouda Bandha and Purnabasi, the process could be completed partially due to law and order problem in which the JCB machines of the Government were broken and the officers of the Municipal Corporation were also attacked by the encroachers. It is also stated that in spite of all the adverse circumstances, the deponent, Municipal Commissioner, Berhmapur Municipal Corporation, has been able to partially evict the encroachers from the remaining two sites i.e., Lanjipalli Gouda Bandha and Purnabasi. Regarding eviction of encroachers from Balaji Pentha Sahi, the remaining 11th water body, time has been sought till February, 2022.
7. We, therefore, grant the Respondent No.5, Berhampur Municipal Corporation, time till 28.02.2022 to carry out the eviction process of all the encroachers from the remaining Lanjipalli Gouda Bandha and Purnabasi and Balaji Pentha Sahi sites. 2
8. Considering the facts stated in the affidavit, we exempt the personal appearance of Respondent No.5, Municipal Commissioner, Berhampur Municipal Corporation, from future appearance unless specifically required by the Tribunal.
9. We also expunge the remarks with regard to the proposed action under Section 26(1) of the National Green Tribunal Act, 2010 mentioned in our order dated 10.11.2021.
10. List on 04.03.2022.
I.A. No. 93/2021/EZ:-
1. The I.A. No. 93/2021/EZ filed in Original Application No. 82/2015/EZ is taken up.
2. The prayer in this I.A. is for extension of time for completion of eviction process by the end of March, 2022.
3. In view of the order passed today in the Original Application No. 82/2015/EZ, this I.A. has become infructuous and is dismissed as infructuous.
I.A. No. 104/2021/EZ:-
1. The I.A. No. 104/2021/EZ filed in Original Application No. 82/2015/EZ is taken up.
2. The prayer in this I.A. is for modification of our order dated 10.11.2021 and for dispensing with the personal appearance of the Respondent No.5, Commissioner, Berhampur Municipal Corporation and for dispensing with filing of show cause under Section 26(1) of the National Green Tribunal Act, 2010 for non-
compliance of the order of this Tribunal.
3. In view of the order passed today in Original Application No. 82/2015/EZ, the I.A. No. 104/2021 is allowed and the order dated 3 10.11.2021 is modified in terms of the order passed by us today in Original Application.
..................................... B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM December 15, 2021 Original Application No. 82/2015/EZ (I.A. No. 93/2021/EZ & I.A. No. 104/2021/EZ) AK 4