National Green Tribunal
Jaca Majhi vs State Of Odisha on 20 January, 2022
Item No. 01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 06/2022/EZ
In the matter of:
1. Jaca Majhi,
Aged about 35 years,
Village-Kendubordi, P.O.-Jagannathpur,
Via:-Lanjigarh, District-Kalahandi,
2. Kambali Majhi,
Aged about 90 years,
D/o Butra Majhi,
Village-Kendubordi, P.O.-Jagannathpur,
Via:-Lanjigarh, District-Kalahandi,
3. Dumbe Majhi,
Aged about 60 years,
W/o Lotar Majhi,
Village-Kendubordi, P.O.-Jagannathpur,
Via:-Lanjigarh, District-Kalahandi,
4. Rikishi Majhi,
Aged about 35 years,
W/o Narsingh Majhi,
Village-Kendubordi, P.O.-Jagannathpur,
Via:-Lanjigarh, District-Kalahandi,
5. Langa Majhi,
Aged about 30 years,
W/o Sadna Majhi,
Village-Kendubordi, P.O.-Jagannathpur,
Via:-Lanjigarh, District-Kalahandi,
6. Sana Majhi,
Aged about 55 years,
D/o Mene Majhi,
Village-Kendubordi, P.O.-Jagannathpur,
Via:-Lanjigarh, District-Kalahandi,
7. Bhika Majhi,
Aged about 60 years,
D/o Tatala Majhi,
Village-Kendubordi, P.O.-Jagannathpur,
Via:-Lanjigarh, District-Kalahandi,
...Applicant(s)
Versus
1. State of Odisha,
Through Secretary, Revenue and Disaster Management Department,
Odisha Secretariat, Bhubaneswar,
District-Khurda,
1
2. State of Odisha,
Through Director, Environment-cum-Special Secy., Department of Forest
and Environment, RPRC Campus, Ekamrakanan Road,
Nayapalli, Bhubaneswar - 751015,
3. State Pollution Control Board,
Through Member Secretary,
Unit-III, Nilakantha Nagar, Bhubaneswar,
Pin - 751012,
4. Collector-cum-District Magistrate, Kalahandi,
5. Tahasildar, Lanjigarh,
At/Po-Langigarh,
District-Kalahandi,
6. Industrial Infrastructure Development Corporation (IDCO),
Through Principal Secretary,
IDCO Towners, Janpath, Bhubaneswar, Odisha,
Pin - 751022,
7. Vedanta Ltd.
Through Managing Director,
Viswanathpur, Lanjigarh,
District-Kalahandi,
8. State Environment Imapct Assessment Authority (SEIAA), Odisha,
Through Chairman,
At-SRF-2/1, Acharya Vihar, Unit-IX,
OPTCL Colony, Bhubaneswar,
District-Khurda, Odisha,
Pin - 751022,
...Respondent(s)
Date of hearing: 20.01.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Prabhu Prasanna Behera, Advocate
ORDER
1. Heard Mr. Prabhu Prasanna Behera, learned Counsel for the Applicants.
2. This Original Application has been filed by the Applicants with the allegation that the Respondent No.7, Vedanta Limited, has been damaging the environment and more particularly the perennial water source, viz., 'Pani Mahara' by constructing road and colony and dumping building materials in the water bed. He further states 2 that Respondent No.7 was given Delivery of Advance Possession of Government land vide order of the Land Officer, IDCO, BSSR, duly signed by Chief Operating Officer, M/s Vedanta Limited, Lanjigarh, dated 10.08.2019 and the plots mentioned therein are water body known as 'Pani Mahara'.
3. Mr. Behera has referred to the document filed as Annexure-1 (at page no. 29-30 of the paper book) and states that under Khata No. 184/Rakhit, Plot Nos. 323, 330 & 339 are shown as 'Mahara' in the land record as per the letter of the Tehsildar Lanjigarh, dated 08.11.2017.
4. However, from Annexure-6 to the Original Application (at page no.
40 of the paper book), which is the Delivery of Advance Possession of Govt. land, duly signed by the Land Officer, IDCO, BBSR as well as the Chief Operating Officer, M/s Vedanta Limited, Lanjigarh, we find that these plots are not mentioned therein and the Plot Nos. Plot Nos. 323, 330 & 339, have not been allotted to the Respondent No.7 and, therefore, there is absolutely no foundation for the allegations made in the present Original Application that those plots which are mentioned as 'Pani Mahara' have been allotted to the Respondent No.7.
5. For reasons aforesaid, we find no merit in the Original Application and same is accordingly dismissed.
6. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM January 20, 2022 Original Application No. 06/2022/EZ AK 3