National Green Tribunal
Pujakhillo Sarpanch vs State Of Odisha & Ors on 19 February, 2024
Item No.2 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid V.C. Option)
Original Application No. 20/2024
Pooja Phillo & Ors. ...Applicants
Versus
State of Odisha & Ors. ...Respondents
Date of hearing: 19.02.2024
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicants: None for the Applicants.
Application is registered based on a letter petition received by post.
ORDER
1. Ms. Pooja Phillo and others have sent by post the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 20/2024.
2. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-
X X X X "It is to be noted that the Tahsildar of Nandapur Tahsil Office, District- Koraput have been ignoring our demands when we approached for an explanation regarding Sobhaput Bridge construction which is towards Andhra Pradesh upto an extension of 400 meters it's construction have been done by RD Sunabeda, District-Koraput, Odisha. O.A. No.20/2024 Pooja Phillo & Ors Vs. State of Odisha & Ors.
-2- But the Bridge and road both side are now in the capture of Andhra Pradesh. which is being claimed by the authorities of Andhra Pradesh basing on which Andhra Pradesh is constructing Mobile towers, schools and other institutions.
Instead of identifying the boundaries of the state the revenue officials of Nandapur Tahsil are also face shaving from their duties that the Sobhaput Bridge river is the natural boundary of Odisha border. When several people of Panthlung Grampanchayat informed this matter to the Tahsildar Nandapur he in a horrible way responded to the demands of the Grampanchayat Panthlung.
More importantly the Tahsildar Nandapur without any fail have shaken his hands with the Sand mafias of Andhra Pradesh who have been illegally mining sand from Sudu, Sariapall,Mariput, Ratulput, Pradhaniput, Sobhaput and several other places. A special shed have been constructed near Padwa Badadebta Temple by the Mafias for entertaining the Tahsildar Nandapur with Booze and other favours. More importantly the Tahsildar Nandapur is not issuing "R n Y" form for the legal sand miners of Odisha.
Galganda- Duruba sand sairat, though the lease holder completed his quota of sand lifting the lease has been extended to one year more. Rather the Nandapur Tahsildar is charging the legal sand miners of Odisha with hefty fine of Rs 30000-/- per trip to fulfil his own financial needs. Due to illegal sand lifting from the river by using JCP machine day by day the river is going to diper from the previous, by which the flowing of water going diper and side by farmers not able to use the river water for their farming.
Thus we request you to kindly take stringent necessary action over this Tahsildar and immediately he should be removed from such important position. He is not treating his position as a Public Servant but a Public Monarch.
X X X X"
3. Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.
4. In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Central Pollution Control Board, Odisha State Pollution Control Board, Andhra Pradesh Pollution Control Board, Collector, Koraput, Orissa, Integrated Regional Office of MoEF&CC, Bhubaneswar, Odisha, Directorate Geology, Odisha and O.A. No.20/2024 Pooja Phillo & Ors Vs. State of Odisha & Ors.
-3- Department of Mines and Geology, Andhra Pradesh and direct the same to undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponents, verify the factual position and suggest to the concerned Authorities appropriate remedial action. The Central Pollution Control Board will be the nodal agency for coordination and compliance.
5. Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by post with approval and assignment under order of Hon'ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Eastern Zone Bench of this Tribunal at Kolkata, we are of the considered view that it will be appropriate if the case is further heard by the Eastern Zone Bench of this Tribunal at Kolkata.
6. Accordingly, the Registry is directed to list the matter before the Eastern Zone Bench of this Tribunal at Kolkata on 23.04.2024 after obtaining orders from Hon'ble the Chairperson for transfer of the case.
7. Factual and Action Taken Report by the Joint Committee and reply/response by the respondents be filed before the Eastern Zone Bench of this Tribunal at Kolkata by email [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
8. A copy of this order be sent to the Member Secretary, Central Pollution Control Board, Member Secretary Odisha State Pollution Control Board, Member Secretary, Andhra Pradesh Pollution Control Board, Collector, Koraput, Orissa, Regional Officer, Integrated Regional Office of MoEF&CC, O.A. No.20/2024 Pooja Phillo & Ors Vs. State of Odisha & Ors.
-4- Bhubaneswar, Odisha,Secretary, Directorate Geology, Odisha and Secretary, Department of Mines and Geology, Andhra Pradesh by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 19th, 2024 N