National Green Tribunal
Bidhu Bhusan Harichandan vs Dist Collector Khurda on 17 March, 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: 17.03.2020
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. By order dated 14.02.2019, we had observed 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."
2. In view of the above, we had directed the State Government to furnish details of the action plan in 1 relation to illegal laterite mining being undertaken in the area in question 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; and
(iii) Restitution and restoration of the area.
3. Action plan on the above aspect was directed to be filed within one month commencing from 14.01.2020, containing the timelines for completion of the action plan.
4. The State, instead of filing the action plan as directed way back on 14.01.2020, has sent an application for adjournment on the ground of the recent COVID-19 epidemic. We are extremely disappointed with this, as there was no impediment for the State to prepare the action plan in more than two months' time which could have been sent by e-mail or uploaded in the NGT portal in the manner in which the application for adjournment was sent.
5. The prayer for adjournment is thus rejected. The State Respondents are directed to ensure that the report is filed 2 before the next date subject to payment of cost of ₹50,000/-.
6. List on 5th May, 2020.
S. P. Wangdi, JM Siddhanta Das, EM 17th March, 2020 Original Application No. 54/2018 (EZ) vk 3