National Green Tribunal
Bidhu Bhusan Harichandan vs Dist Collector Khurda on 5 May, 2020
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 54/2018 (EZ)
Bidu Bhusan Harichandan & Anr. Applicant(s)
Versus
District Collector Khurdha & Ors. Respondent(s)
Date of hearing: 05.05.2020
CORAM: HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
For Applicant(s): None.
For Respondent (s): Mr. Surendra Kumar, Advocate from
CPCB
ORDER
1. Case taken up by Video Conference on Vidyo App.
2. By order dated 14.02.2019, we have noted the crux of the applicants case which is as follows:
"The Applicant alleges illegal Laterite Stone Mining at 40 different sites in the Khurdha District of Odisha to an extent of about 500 acres encompassing several villages including Tapanga, Anda and JhinkiJhari under Nijigarh Tapang Panchayat. The area involves amongst others Cashew Jungle, Gramya Jungle and Gochar land. Neither Environmental Clearance nor Consent to Operate have been obtained from the respective authorities. In the process of the mining activities, trees are being felled for clearing the area."1
3. Considering the seriousness of the questions, directions had been issued upon the State Government to prepare an action plan to deal with the illegal laterite mining and to furnish details in relation to:
(i) Assessment of the damage caused to the area.
(ii) Assessment of environmental compensation which shall be done in consultation with the CPCB which has formulated a guideline in this regard.
4. The action plan was required to be filed by 14.01.2020 along with timelines but on 17.03.2020, when the case was taken up, instead of filing the report during the intervening period of more than 02 months an application was sent by e-mail for adjournment on the ground of Covid-19 epidemic.
5. This was noticed by the Tribunal with disappointment as no impediment existed for the State to prepare the action plan during the period of more than two and a half months and the same could have been sent by e-mail and uploaded in the NGT portal in the manner in which the application for adjournment had been sent. The prayer for adjournment was thus rejected directing submission of 2 the report before the next date, i.e., today, subject to payment of cost of Rs. 50,000/-.
6. Today neither has the report been filed nor has anyone appeared through the Video Conference on behalf of the State. It may be relevant to note that the present proceeding has been taken up through the Vidyo App which can be accessed from the residence, office, chambers or such other convenient place.
7. This arrangement has been made keeping in view the Covid-19 situation and to ensure that no one is put at risk by necessitating their physical presence in the court room or even in the regular video conferencing proceeding.
8. It is also relevant to note that the office order conveying such arrangement had also been given in the NGT Website including the Zonal Benches of the NGT. It is therefore, not understood as to why none has appeared.
9. However, in the interest of justice we grant one more opportunity to the State to file a report and to comply with the directions contained in the order dated 14.02.2019 and 05.05.2020.
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10. Let the affidavit be filed without fail before the next date with advance copies on the other side.
11. List on 27th July, 2020.
S. P. Wangdi, JM Siddhanta Das, EM 05th May, 2020 Original Application No. 54/2018 (EZ) pu 4