National Green Tribunal
Bidhu Bhusan Harichandan vs Dist Collector Khurda on 22 July, 2021
Item No. 04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 54/2018/EZ
(I.A. No. 30/2020/EZ)
Bidu Bhusan Harichandan Applicant(s)
Versus
District Collector, Khurdha & Ors. Respondent(s)
Date of hearing: 22.07.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate
For Respondent(s) : Mr. Deepak Kumar Pani, Advocate for
Respondent Nos. 1, 5 to 8 & 9
Ms. Papiya Banerjee Bihani, Advocate for
Respondent No.2
Mr. Gora Chand Roy Choudhury, Advocate
For Respondent No.3
Mr. Subrat Satpathy, Advocate for
Respondent No. 4
Mr. Surendra Kumar, Advocate for
CPCB.
ORDER
1. Mr. Sankar Prasad Pani, Ld. Counsel is present for the Applicant.
2. Mr. Deepak Kumar Pani, Addl. Standing counsel is present on behalf of Respondent Nos. 1, 5, 6, 7, 8 & 9, the District Collector, Khurdha, the Tahasildar, Khurdha, the Addl. Chief Secretary, Forest and Environment Department, the Secretary, Revenue and Disaster Management Department, the Superintendent of Police, Khurdha, the Director of Mines.
3. Ms. Papiya Banerjee Bihani, Ld. Counsel is present for Respondent No. 2, Odisha State Pollution Control Board.
4. Mr. Gora Chand Roy Choudhury, Ld. Counsel is present on behalf of Respondent No.3, State Environment Impact Assessment Authority, (SEIAA) Odisha.
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5. Mr. Subrat Satpathy, Ld. Counsel is present on behalf of Respondent No.4, Sree-Jagannath Temple Administration.
6. Mr. Surendra Kumar, Ld. Counsel is present for Central Pollution Control Board, (CPCB), who is the member of the Committee constituted by the Tribunal.
7. Mr. Deepak Kumar Pani, ASG states that the committee's report as directed by the Tribunal in its order dated 14.06.2021 has been filed.
8. The same is not on record. Ld. Counsel is directed to file the same within 24 hours. Mr. Deepak Kumar Pani, ASG shall also submit an affidavit highlighting the action taken thereon within two weeks.
9. Ms. Papiya Banerjee Bihani, ld. Counsel prays for and is granted two weeks time to file the objection on behalf of Respondent No.2, Odisha State PCB stating clearly whether Environmental Clearance (EC), Consent to Operate (CTO) and Consent to Establish (CTS) were granted to the Jagannath Temple Administration for mining Laterite stone.
10. We also direct the SEIAA, Odisha to file its objection within two weeks stating whether EC was granted to Respondent No.4, Jagannath Temple Administration for extraction/excavation of Laterite stone.
11. The parties shall exchange their affidavits among themselves at least one week before the next date fixed.
12. List on 13.08.2021.
.................................. B. Amit Sthalekar, JM .................................
Saibal Dasgupta, EM July 22, 2021 Original Application No.54/2018/EZ (IA No.39/2020/EZ) AKC 2