Partly allowed

Biranchi Narayan Mahapatra v. State of Odisha

NGT4 Mar 2022IA No. 28/2022 in Original Application No. 82/2015

Case brief

AI extract

What is this about?

The National Green Tribunal, Eastern Zone Bench adjourned an application seeking a stay on eviction proceedings against 17 applicants. It stayed the eviction at Balaji Pentha Sahi site but not elsewhere, and allowed an interim application seeking time for compliance with a previous order.

What did the court decide?

Stay granted on eviction proceedings at Balaji Pentha Saihi site pending disposal of the main application.

Biranchi Narayan Mahapatra vs State of Odisha — Writ and Judicial Review | NGT (2022)

¶1

Item No. 04

¶2

Court No.1

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (Through Video Conferencing)

¶4

Original Application No. 82/2015/EZ (M.A. No. 15/2021/EZ & I.A. No. 28/2022/EZ)

¶5

Biranchi Narayan Mahapatra Applicant(s)

¶6

Versus

¶7

State of Odisha & Ors.

¶8

Respondent(s)

¶9

Date of hearing: 04.03.2022 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

¶10

For Applicant(s) : Mr. Biranchi Narayan Mahapatra, in person For Applicant(s) : Mr. Sankar Prasad Pani, Advocate (in M.A.)

¶11

For Respondent(s) : Ms. Samapika Mishra, Advocate for R-1, 2, 4 & 6,

¶12

Mr. Surya Prasad Mishra, Sr. Advocate a/w Mr. Ramesh Sahoo, Advocate for R-5,

¶13

ORDER

¶14

Mr. Biranchi Narayan Mahapatra, the Applicant in person is present.

¶15

An adjournment has been sought by Ms. Papiya Banerjee Bihani, learned Counsel for the Respondent No. 3, Odisha State Pollution Control Board; on grounds of her personal difficulty.

¶16

The matter is accordingly adjourned.

¶17

List on 11.05.2022 .

¶18

M.A. No. 15/2021/EZ:-

¶19

This M.A. has been filed on behalf of the Applicant Nos. 1 to 17 with the prayer that eviction process of Respondent No.5 may be stayed till the disposal of the M.A. and it may also be clarified that the order dated 24.08.2017 passed by the National Green Tribunal is not applicable in respect of Gram Kantha land.

¶20

¶21

Mr. Sankar Prasad Pani, learned Counsel for the Applicants in M.A., states that the Applicant Nos. 1 to 17 were not parties to the Original Application No. 82/2015/EZ and, therefore, the implementation of the order of the Tribunal dated 24.08.2017 would adversely affect the Applicants.

¶22

In this view of the matter, we direct that the eviction proceedings of the Applicant Nos. 1 to 17 in this M.A. No. 15/2021/EZ shall remain stayed till the next date of listing.

¶23

We further direct that this interim order shall apply only in respect of eviction proceedings being carried out at Balaji Pentha Sahi site and not with respect to removal of encroachments from Launjipalli Gouda Bandha and Purnabasi.

¶24

Mr. Surya Prasad Mishra, learned Senior Counsel assisted by Mr. Ramesh Sahoo, learned Counsel appearing for Respondent No.5 prays for and is granted four weeks time for filing the reply to the M.A. No. 15/2021/EZ.

¶25

Let the reply to the M.A. No. 15/2021/EZ be filed within four weeks.

¶26

I.A. No. 28/2022/EZ:-

¶27

This I.A. has been filed on behalf of the Respondent No.5 with the prayer that they may be granted further time till 30^th April, 2022 for compliance of the order of the Tribunal dated 24.08.2017.

¶28

In view of the order passed in the M.A. No. 15/2021/EZ today, the I.A. No. 28/2022/EZ is accordingly allowed and disposed of and the

¶29

¶30

Respondent No.5 is granted further time till 30^th April, 2022 to comply

¶31

of the order of the Tribunal dated 24.08.2017.

¶32

B. Amit Sthalekar, JM

¶33

Saibal Dasgupta, EM

¶34

March 04, 2022 Original Application No. 82/2015/EZ (M.A. No. 15/2021/EZ & I.A. No. 28/2022/EZ) AK

¶35

Biranchi Narayan Mahapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biranchi Narayan Mahapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

News Item Published in Hindustan Times Dt 12.02.2021 Title 12 Dead 36 Injured as Fire Breaks Out in Factory in Tamil Nadu Sivakasi vs .

Pasumpom Anand vs State of Tamilnadu

Dr Bina Basnett vs State of Sikkim

P Gengaiyan vs the District Collector

Shivling Mahadappa Bodhane vs State of Maharashtra

Mangal Singh Bundela vs State of Madhya Pradesh through Principal Secretary Mineral Resources Department

Anish vs Ministry of Environment Forest and Climate Change

R K Gupta vs

Srikanta Kumar Pakal vs State of Odisha

Dr Bina Basnett vs State of Sikkim

Dr Bina Basnett vs State of Sikkim

Sanjay Chauhan vs Central Coalfields Ltd.

Sajnay Chauhan vs Central Coalfields Limited

Court on Its Own Motion vs the State of West Bengal through Chief Secretary