National Green Tribunal
Subhash Datta vs State Of Odisha on 9 January, 2023
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.139/2022/EZ
Subhas Datta Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 09.01.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s) : Mr. Subhas Datta, in person
For Respondent(s) : Mr. S.K. Nayak, AGA for R-1,2&4, (in Virtual Mode)
Ms. Papiya Banerjee Bihani, Adv. for R-3, (in Virtual Mode)
Mr. Dayanand Mohapatra, Adv. for R-5, (in Virtual Mode)
Mr. Ashok Prasad, Advocate for R-6,
Mr. Shakti Prasad Panida, AGA for R-7, (in Virtual Mode)
ORDER
1. Mr. Subhas Datta, the Applicant, is present in person.
2. Counter-affidavit dated 03.01.2023 has been filed on behalf of the Respondent No. 5, Puri Konark Development Authority; the same is taken on record.
3. Affidavit dated 06.01.2023 has been filed on behalf of the Respondent No.3 Odisha State Pollution Control Board; the same is taken on record.
4. Counter-affidavit dated 06.01.2023 has been filed on behalf of the Respondent No.6, Central Ground Water Board; the same is taken on record.
5. Affidavit dated 09.01.2023 has been filed on behalf of the Respondent Nos. 4 & 7, Puri Municipality; the same is taken on record.
6. Mr. Dayananand Mohapatra, learned Counsel files Vakalatnama on behalf of the Respondent No.5, Puri Konark Development Authority; the same is taken on record.
7. Mr. Ashok Prasad, learned Counsel appearing for Central Ground Water Board, Respondent No.6, is not able to explain to us the contents of para 1 7 of the affidavit. The words 'litholog, phreatic aquifer, coalescence, aeolian action, transmissivity, thick impervious clay horizon', have not been explained in the affidavit nor the learned Counsel for the Department is able to explain to us what these terms mean. Merely using complicated technical terms without explaining their meaning does not serve the purpose of filing an affidavit.
8. We also find that the affidavit of the Central Ground Water Board is not a para-wise reply to the allegations made in the Original Application nor does it even taken into consideration its own Notice No. 01/2016 dated June, 2016 (Annexure- P/8 to the Original Application).
9. From above, it is quite clear that the Regional Director, Central Ground Water Board, who has sworn the affidavit has not cared to either read the Original Application or even read his own notification or the other annexures like - Annexure-P/7 and others filed along with the Original Application.
10. We, therefore, direct Mr. Pradyumna Kumar Mohapatra, Regional Director, Central Ground Water Board, to be present before the Court on the next date of listing to explain what he is trying to say in his affidavit. He may also file a detailed counter-affidavit by the next date.
11. Mr. Subhas Datta, the Applicant in person, prays for and is granted three weeks time for filing rejoinders to the various affidavits which have been taken on record today.
12. List on 28.02.2023.
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B. Amit Sthalekar, JM ....................................
Prof. A. Senthil Vel, EM January 09, 2023 Original Application No.139/2022/EZ AK 2