National Green Tribunal
Biranchi Narayan Mahapatra vs State Of Odisha on 24 April, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
Original Application No. 82/2015/EZ
BIRANCHI NARAYAN MAHAPATRA
VS
STATE OF ODISHA & ORS
CORAM: Hon'ble Mr. Justice S.P.Wangdi, Judicial Member
Hon'ble Mr. Ranjan Chatterjee, Expert Member
PRESENT: Applicant : Mr. Biranchi Narayan Mahapatra, In person
Respondent No. 1 & 2 : Mr. Pravat Kumar Muduli, Advocate
Respondent No. 3 : Mrs. Papiya Banerjee Bihani, Advocate
Respondent No. 4 : None
Respondent No. 5 : Mr. Basanta Kumar Sen, Advocate
Mr. Sushanta Kumar Mishra, Municipal
Commissioner
Orders of the Tribunal
Date & Remarks
Item No. 8
24th April, 2017. Mr. Sushanta Kumar Mishra, Municipal
Commissioner, Berhampur Municipal Corporation, is
present before us in pursuance of our order dated
15.03.2017. He submits that all encroachers could not
be evicted from the water bodies in view of an order
passed by the Orissa High Court. He tenders
unconditional apology for the non-compliance
although, as per him, he is also keen to protect the
water body in question. As he has also stated various
other facts which, in our view, is germane for
determination of this matter, we direct him to file an
affidavit on the facts relevant to the period of his
tenure as the Commissioner of the Berhampur
Municipal Corporation, since it is stated that he is now
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under an order of transfer.
Mr. Basanta Kumar Sen, ld. Advocate by filing
vakalatnama for Respondent No.5, i.e., the Municipal
Commissioner, Berhampur Municipal Corporation,
seeks for leave to file a copy of the order of the High
Court dated 18.04.2017 passed by the Hon'ble High
Court in Writ Petition (C) No. 1383/2017 whereby
certain directions have been issued.
Since this order is contrary to what we had
already directed earlier and also amply clarified vide
our order dated 15.03.2017, we direct the State
Respondents to comply with the directions issued by us
strictly within three months from hence and not a day
later. In the event of any of the party being dissatisfied
with these directions, they are at liberty to take
appropriate relief before the Hon'ble Supreme Court.
Compliance report shall be filed by the Municipal
Commissioner, Berhampur Municipal Corporation.
In the context of the above it is of relevance to
observe that this matter has been pending before us
since 2015 and in the interregnum various directions
issued by us in the light of the affidavits filed by the
respondents ultimately culminating in the orders dated
8th September, 2016, 25th October 2016 and 24th
January, 2017. For convenience we may reproduce
those below being relevant:-
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Order dated 08.09.2016
"Mr. Rama Chandra Pasupalak, Ld.
Advocate who appears for Respondent No. 5,
prays for leave to place on record the status on
the action taken as directed vide order dated
2.08.2016.
Prayer is allowed.
Let action taken report be taken on record.
Mr. Mahapatra, the applicant appearing in
person submits that he has just received the copy
of the action taken report and also prays that the
supplementary affidavit filed by him on 29.8.2016
giving details of the persons who have
encroached the tank embankments be taken on
record. It is stated that copies have been handed
over to the other side.
We have fixed the next date on 25.10.2016
considering the averments made by the
Respondent No. 5, viz., Municipal Commissioner,
Berhampur Municipal Corporation, in paragraph
4 of the affidavit filed on 8.9.2016 and taken on
record today where it has been categorically
stated that for various reasons the direction has
not yet been complied with "but as soon as she
rainy season is over all the encroachments on the
embankments of tanks will be evicted."
Since, as per Mr. Pravt Kumar Muduli,
Addl. Standing Counsel and the other counsel
appearing before us submit that rainy season is
likely to continue upto middle of October, we
have fixed the matter on 25.10.2016. By that
date, we expect that, as stated by them, all
encroachments shall be removed by the
Berhampur Municipal Corporation.
An affidavit of compliance shall be filed by the
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respondent No. 5 on or before the next date with
copies on the others.
Order dated 25.10.16
" Status report has been filed on behalf of the
Municipal Commissioner, Brahmapur Municipal
Corporation, Respondent No. 5, by Mr.
R.C.Pasupalak, Ld. Advocate, wherein it is stated
that eviction of illegal encroachers on the
embankment of the water bodies has just been
commenced and about 50 to 60 of them have
been evicted from Dhoba Bandha Huda near 1st
Gate, Aska Road. Similarly, it is stated, all
encroachments from Aina Bandha Huda have
been evicted 15 days ago and that although
action has already been initiated to evict the
encroachments from Agula Bandha Huda,
Gosaninuagaon, it could not be completed due to
want of adequate police force. It is stated that
they would require 3 to 4 months to complete the
entire exercise.
Considering the enormity of the task, we
grant three months time to the Municipal
Commissioner to complete the work.
Let a compliance report be filed on the next
date."
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Order dated 24.01.2017
"Affidavit filed today by Mr. Ram
ChandraPashupalak, Ld. Advocate for the
respondent No. 5, Municipal Commissioner,
Berhampur Municipal Corporation is ordered to
be taken on record.
Further time is prayed for by Mr. Pasupalak
to take complete eviction process of encroachers
from the area in question.
We have observed that the respondent No. 5
has not submitted a detailed report on actions
taken thus far. We accordingly direct them to do
so by giving details actions taken on eviction,
pond-wise, from where the encroachers have
been evicted and the names of the encroachers
etc. Let such detailed affidavit be filed on or
before 15th March 2017. In the meanwhile, they
shall ensure that eviction process is complete.
We also direct the District Magistrate,
Ganjam district to extend active cooperation to
the respondent No. 5, Berhampur Municipal
Corporation and submit a report on or before the
next date. "
It would be evident from the aforesaid orders
that action for removal of encroachments had
commenced but, considering the enormity of the task
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and the weather conditions, we had granted three
months time to complete the work. However, on 24th
January, 2017 when the matter came up before us, it
transpired that the work had still not been completed
and, in fact, the Municipal Commissioner had failed to
submit action taken report. Thus a detailed report was
sought from him on the action taken by the
Municipality pondwise to be filed before 15th March,
2017, i.e., after almost two months.
What transpired in the interregnum has been
recorded in our order dated 15th March, 2017 and, in
our considered opinion, those clearly reflect gross
abuse of the process of the court and attempt on the
part of the Municipal Commissioner to scuttle the
present proceedings in connivance and collusion of the
encroachers. For the moment, we desist ourselves
from passing an order which we reserve to be dealt
with when finally disposing of this case.
The State Respondents, i.e., Respondents No. 1
& 2, who is represented by Mr. Muduli, are directed to
file affidavit informing us as to why urgent measures
should not be taken by them for amelioration of the
encroachers in the light of the rehabilitation scheme of
the State Government. The measure shall be taken by
the State urgently to assist the Berhampur Municipal
Corporation to evict the encroachers within the time
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frame as directed by us.
Since the concerned Department under the
Govt. of Odisha dealing with the municipality and
Municipal Corporation is the Housing and Urban
Development Department, Govt. of Odisha, we direct
that the Commissioner-cum-Secretary, Housing and
Urban Development Department, be also impleaded as
Respondent No.6.
As Mr. Pravat Kumar Muduli, ld. Addl. Govt.
Advocate is present before us on behalf of the other
State Respondents, notice is dispensed with. He shall
take appropriate steps to file appropriate affidavit
before the next date. He shall also take necessary steps
to place on records before the concerned bench of the
Hon'ble Orissa High Court of the pendency of the
proceedings within the confines of our jurisdiction since
2015 and the directions issued from time to time.
List on 24.08.2017 for submission of
compliance report.
.........................................
Justice S.P.Wangdi, JM 24-4-2017 ...................................................
Ranjan Chatterjee, EM 24-4-2017 8