National Green Tribunal
1. Alaka Mishra W/O- Harekrushna Mishra ... vs 1. State Of Odisha Additional Chief ... on 19 September, 2025
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.135/2025/EZ
Alaka Mishra & Ors. Applicants
Versus
State of Odisha & Ors. Respondents
Date of hearing: 19.09.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
Applicants: Mr. Sankar Prasad Pani and Mr. Ashutosh Padhy,
Advocates for the applicants (through V.C.).
Respondents: Mr. Aditya, Proxy Counsel for Mr. Padmesh Mishra, AGA for
respondents no.1 to 6 (through V.C.).
Mr. Nitin K. Pradhan, Advocate for respondent no.7
(through V.C.).
ORDER
1. The applicant has filed the present Original Application raising the grievances that Plots No. 1892 and 1893 located at Padampur, Block, District Bargarh are water body in the form of an old pond recorded as "Kata". The respondents are filling up the pond for the purpose of construction of a Block Level Bus-Stand in Mouza, Padampur.
2. Vide order dated 12.08.2025, notice was issued to the respondents requiring them to file their responses/replies at lease one week before the date of hearing fixed i.e., 19.09.2025.
3. Learned counsel for respondents no. 1 to 6 has submitted that respondent no.3 has filed his counter affidavit. 1
4. However, the counter affidavit filed by respondent no. 3 is stated to be lying in defect since some pages are illegible and some pages are in vernacular.
5. The respondent no.3 is directed to cure the defect and re-file the same within one week.
6. Responses by the respondents, who have not filed the same so far, may also be filed at least one week before the date of hearing fixed.
7. In view of the averments made in the Original Application, attaining facts and circumstances of the case and precautionary principle embodied in Section 20 of the National Green Tribunal Act, 2010, the respondents are directed to maintain status-quo as prevailing today with respect to the nature and further construction over the above-mentioned land claimed to be water body/pond.
8. List on 19.11.2025 for further hearing.
9. A copy of this order may be sent by e-mail to all the respondents for requisite compliance.
Arun Kumar Tyagi, JM Ishwar Singh, EM September 19, 2025 Original Application No.135/2025/EZ MN 2