National Green Tribunal
Maa Kalijaee Motor Boat Workers Union ... vs 1. State Of Odisha Represented Through ... on 1 August, 2025
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.122/2025/EZ
Maa Kalijaee Motor Boat Workers Union Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 01.08.2025
CORAM: HON‟BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON‟BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate a/w
Mr. Ashutosh Padhy, Advocate (in Virtual Mode)
ORDER
1. Heard Mr. Sankar Prasad Pani, learned Counsel assisted by Mr. Ashutosh Padhy, learned Counsel is present (in Virtual Mode) for the Applicant.
2. The present Original Application has been filed by the Applicant seeking the following reliefs:-
I. Direct the District Magistrate Khordha to immediately stop construction of jetty at Garadwara of Khordha District. II. Direct the District Collector to demolish the concrete jetty and restore the site in question to its original status. III. Impose exemplary cost on the private respondent for violation of CRZ rule and damaging the environment in terms of discharge of untreated sewage to Chilika Lake. IV. Direct the District Collector to start criminal prosecution under EP Act for violation of Environment rule. 1
3. The Applicant is a Workers Union/Society and has filed the present Original Application through its Secretary, Shri Bibhuti Behera, S/o- Lodukiswar Behera, residing at P.O.-Barakul, Aswari patina, Dist- Khordha.
4. The Applicant Society is stated to be an association of traditional boat workers and fishermen who are dependent on Chilika Lake for generations for their livelihood. It is stated that the Government of Odisha had also earlier granted these fishermen fishing right within Chilika and subsequently suspended the same in 2017 and thereafter the members of the Applicant Society are now dependent on boats for fishing and tourism.
5. It is stated that the Applicants have been demanding construction of a jetty which has not been considered by the State Government and on the contrary, the Respondent No.9, Vikash Eco Resort Pvt. Ltd., the company herein, is illegally carrying on construction of a permanent concrete jetty in Chilika Lake without any approval from the State Coastal Zone Management Authority (hereinafter referred to as SCZMA).
6. It is alleged that the site where the construction of the jetty is being carried on by the CRZ-III -A and CRZ IV - B category as per the CRZ map prepared by ORSAC and the Forest & Environment Department, Government of Odisha.
7. It is stated that the CRZ-III A refers to densely populated rural areas within the Coastal Regulation Zone (CRZ) with a population density of 2161 or more people per square kilometer, based on the 2011 Census. It is stated that a "No Development Zone" („NDZ‟ for short) of 50 meters from the High Tide Line ('HTL' for short) has been established.
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8. Similarly, it is stated that CRZ-IV B areas, according to the Coastal Regulation Zone (CRZ) Notification, 2019, is defined as water area and bed area between the Low Tide Line ('LTL' for short) on the bank of a tidal-influenced water body to the LTL on the opposite bank, extending from the mouth of the water body at the sea up to the influence of tide (salinity of five parts per thousand during the dry season).
9. It is stated that the District Magistrate is the Chairman of the District Level Committee for enforcing and monitoring of CRZ notification and for taking action for violation of the same but in the present case, the District Magistrate, Khordha who is the concerned authority has not taken any action against the Respondent No.9, private respondent for making construction of jetty in violation of CRZ Rules.
10. It is stated that the Applicant Society had complained to the District Collector on 11.04.2025 to stop construction work of the Respondent No.9 but no action has been taken till date. It is also stated that the issue of illegal construction has also been reported in various newspapers and electronic media dated 24.05.2025 and there was also a protest against the illegal construction at the site but no action has been taken till date.
11. It is stated that 37th Meeting of the Special Single Window Clearance Committee for promotion and development of Tourism & Industries related projects was held under the chairmanship of the Additional Chief Secretary, Tourism Department, Government of Odisha on 30.07.2024 and the issue relating to the proposal of Houseboat at Gadadwar (Chilika), Khordha was in item no.7 of the Agenda and included a proposal as under:-
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1. Deluxe houseboat having 10 bedrooms with attached toilets;
2. One Ultra Luxury houseboat having 2 independent bedrooms with attached toilets;
3. Restaurant;
4. Dock Gazebos;
5. 10 Cottages,
6. 2 Luxury Caravans;
7. Bar & Cafeteria;
8. Spa;
9. Open Air Theatre;
10. Adventure Park etc.;
with a project cost of INR 14.67 Crore and the said project proposal was approved in principle in the said meeting vide covering letter dated 02.08.2024.
12. It is also stated that through the Parivesh Portal of the State Coastal Zone Management Authority ('SCZMA' for short), the Applicants have come to know that a Coastal Regulation Zone (CRZ) clearance has been granted to the project proponent, i.e. the Respondent No.9 herein on 04.06.2022 and clearance was granted for a floating jetty in Satapada area of Chilika in Puri District at another side of the Chilika Lake and not at the site in Garadwara in Khordha District where construction of the concrete jetty is being made.
13. Matter requires consideration.
14. Issue notice to the Respondents, returnable within four weeks.
15. Mr. Sanjay Rath, learned Additional Government Advocate appearing (in Virtual Mode), accepts notice on behalf of the Respondent Nos.1, 2, 3, 5, 7 and 8, State Respondents, Government of Odisha.
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16. Ms. Papiya Banerjee Bihani, learned Counsel appearing (in Virtual Mode), accepts notice on behalf of the Respondent No.6, Odisha State Pollution Control Board.
17. Issue notice to the Respondent No.4, Chief Executive, Chilika Development Authority, returnable within four weeks.
18. Issue notice to the Respondent No.9, Vikash Eco Resort Pvt. Ltd., private respondent, returnable within four weeks.
19. All the Respondents shall file their counter-affidavits within four weeks.
20. The Counsel for the Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Sanjay Rath and Ms. Papiya Banerjee Bihani, learned Counsel for the Respondents within 24 hours.
21. List on 15.09.2025.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM August 01, 2025, Original Application No.122/2025/EZ OM 5