National Green Tribunal
Dillip Kumar Samantara S/O Lingaraj ... vs State Of Odisha Represented By Chief ... on 22 July, 2022
Item No. 01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.83/2022/EZ
Dilip Kumar Samantray & Ors. Applicant(s)
Versus
State of Odisha &Ors. Respondent(s)
Date of hearing: 22.07.2022
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 (in Virtual Mode)
ORDER
1. Heard Mr. Sankar Prasad Pani, learned Counsel appearing (in Virtual Mode) for the Applicants.
2. The allegation in this Original Application is that Respondent No.17, Private Respondent, is the lessee of the laterite stone quarry in question while the Respondent No.18, Agrawal Infrabuild Pvt. Ltd., is the road contractor, engaged for laying six lane of National Highway No.16 from Tangi to Bhubaneswar, (355 Kilometers to 414 kilometers), over a stretch of 60 kilometers road.
3. It is stated that the Respondent No.16, Odisha State Cashew Development Corporation Ltd., has raised cashew plantation in Khata No. 495, Plot No. 1689 over an area of 144.49 acres which is shown as 'Kisam Patita' reserved for 'Gramya Jungle' in Mayurhjhalia-Mouza, Ranpur-Tehsil, District-Nayagarh, Odisha.
4. It is also stated that the Respondent Nos. 17 & 18 are mining the plot in question by felling of trees and clearing the forest area without obtaining any approval as required under Section 2 of the Forest (Conservation) 1980.
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5. Reference has been made to Khatiyan filed at page no. 45 of the Original Application. It is alleged that the morrum quarrying is being carried on in Plot No. 1689 on a permit of extraction of 2500 m3 of morrum issued by the Tehsildar-Ranpur in favour of the Respondent No.18 on 01.11.2021 without there being any Environmental Clearance or Consent to Operate.
6. It is also alleged that the Environmental Clearance has been granted in favour of the Respondent No.17 for mining laterite stone quarry on 02.02.2021 over an area of 4 acres for an extraction quantity of 7704 m3/per annum for a period of five years which will come to 38520 m3 from Plot No. 1689 which is "Patit Kisam Reserved for Gramya Jungle" but the area over which the illegal laterite stone quarrying is being carried on by the Respondent No. 17 is 144.49 acres of Plot No. 1689 which is absolutely illegal.
7. In our opinion, matter requires consideration.
8. Mr. Prasenjeet Mohapatra, learned Additional Standing Counsel who is present (in Virtual Mode) in another matter, is directed to take notice on behalf of the State Respondent Nos. 1, 2, 3, 6, 7, 8, 9, 10, 15 & 16.
9. Ms. Papiya Banerjee Bihani, learned Counsel who is present in another matter, is directed to take notice on behalf of the Respondent Nos. 11 & 12, Odisha State Pollution Control Board.
10. Mr. Gora Chand Roy Choudhury, learned Counsel who is present (in Virtual Mode) in another matter, is directed to take notice on behalf of the Respondent No.13, State Environment Impact Assessment Authority (SEIAA), Odisha.
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11. Mr. Dipanjan Ghosh, learned Counsel who is present in another matter, is directed to take notice on behalf of the Respondent No.14, Central Pollution Control Board.
12. Issue notice to the Respondent Nos. 4, 5, 17 and 18, returnable within four weeks.
13. All the Respondents shall file their counter-affidavits within four weeks.
14. Mr. Sankar Prasad Pani, learned Counsel shall serve e-copy/soft copy of the Original Application along with all its annexurs upon Mr. Prasenjeet Mohapatra, Ms. Papiya Banerjee Bihani, Mr. Gora Chand Roy Choudhury and Mr. Dipanjan Ghosh, learned Counsel for the respective Respondents within 24 hours.
15. List on 26.08.2022.
..................................... B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM July 22, 2022, Original Application No.83/2022/EZ AK 3