Application challenged project expansion clearance pending before MoEF&CC. Court dismissed claims as premature directed MoEF&CC to consider representations from SPCB and applicant's petition.
Disposed of with direction to MoEF&CC to consider SPCB representations and applicant grounds before passing orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.05
Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.132/2024/EZ
(Earlier OA No.82/2024/EZ)
In the matter of: Soudamini Naik & Ors. At – Baneikala, PS – Joda, Dist – Keonjhar, Odisha – 758038
…. Applicant(s)
2. District Magistrate, Keonjhar Keonjhar, Odisha – 758001
3. Odisha State Pollution Control Board, A-118, Unit – VII, Nilakantha Nagar, Bhubaneswar, Odisha
4. The Project Proponent M/s Tata Steel Ltd., Joda Circle Keonjhar, (Near the Sona River, Baitarani River, and Karo River),
5. Secretary, Ministry of Environment, Forests and Climate Change , New Delhi
…. Respondent(s)
Date of hearing: 03.09.2024
CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : None
For Respondent(s) : Mr. Dipanjan Ghosh, Adv. for R-3 (in Virtual Mode), Mr. P. P. Mohanty, AGA for R-2 (in Virtual Mode), Mr. Ratnanko Banerji, Sr. Adv. (in Virtual Mode) a/w Mr. Jaydeb Ghorai, Adv., Mr. Deepan Kumar Sarkar, Adv. and Mr. Diptesh Ghorai, Adv. (in Virtual Mode) for R-4
ORDER
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Forests and Climate Change (MoEF&CC), the Respondent No.5 herein, we dispose of this Original Application with the direction to the Secretary, Ministry of Environment, Forests and Climate Change (MoEF&CC), New Delhi to take into considerations the representations forwarded by the State Pollution Control Board to the MoEF&CC and also take into consideration the grounds taken in the letter petition dated 09.08.2023 by the Applicants in the present Original Application and pass appropriate orders in accordance with law.
Copy of this order shall be communicated to MoEF&CC, New Delhi by Ms. Amrita Pandey, learned Counsel. The office of the Tribunal shall also provide with her the copies of the Original Application
and other documents on record.
..................................... B. Amit Sthalekar, JM
….......................................... Dr. Arun Kumar Verma, EM
September 03, 2024, Original Application No.132/2024/EZ (Earlier OA No.82/2024/EZ) SKB
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1 issue framed by the court
Whether the original application regarding environmental clearance is maintainable while the clearance is pending at MoEF&CC.
Soudamini Naik & Ors.
State of Odisha
District Magistrate, Keonjhar
Odisha State Pollution Control Board
M/s Tata Steel Ltd.
Secretary, Ministry of Environment, Forests and Climate Change
B. AMIT STHALEKAR
ARUN KUMAR VERMA
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
