Dismissed

Laxmidhar Biswal v. Member Secretary Odisha State Pollution Control Board

NGT7 Aug 2024Original Application No. 68/2024

Case brief

AI extract

What is this about?

The Tribunal examined the Allegation regarding unauthorized encroachment of the Prachi River for a Model Bus Stand construction. Based on the Joint Committee Enquiry Report, the Court found no encroachment or adverse impact and dismissed the application for lack of merit.

What did the court decide?

The Original Application was dismissed for lack of merit.

Laxmidhar Biswal vs Member Secretary Odisha State… — Writ and Judicial Review | NGT (2024)

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Item No.04

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.68/2024/EZ (Earlier O.A. No.26/2024/PB)

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In the matter of: Dr. Laxmidhar Biswal Vill: Olihan, PO: Alasahi, PS – Astaranga, Dist.: Puri, Odisha - 752109

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…. Applicant(s)

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Versus

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1. Member Secretary,

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Odisha State Pollution Control Board (OSPCB),

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A/118, Unit – VII, Nilakantha Nagar,

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Bhubaneswar;

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2. District Magistrate, Puri

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Collector’s Office, Governor House Road, Puri,

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Odisha – 752002;

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3. Principal Secretary

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Irrigation Department of State of Odisha;

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4. Regional Officer, Ministry of Environment, Forests and Climate Change (MoEF&CC), Bhubaneswar;

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5. Member Secretary,

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Central Pollution Control Board (CPCB), Parivesh Bhawan, East Arjun Nagar, Delhi - 110032

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…. Respondent(s)

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Date of hearing: 07.08.2024

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : None

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For Respondent(s) : Mr. Tarun Patnaik, ASC for State (in Virtual Mode) Mr. Dipanjan Ghosh, Adv. for R-1 (in Virtual Mode), Ms. Anamika Pandey, Adv. for R-4, Mr. Ashok Prasad, Adv. for R-5

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ORDER

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Case called out. No one is present on behalf of the Applicant.

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This Original Application was originally registered in the New Delhi Bench of National Green Tribunal as O.A. No.26/2024, (Dr. Laxmidhar Biswal Vs. State of Odisha) , on a letter petition received by the New Delhi Bench from the Applicant-Dr. Laxmidhar Biswal resident of Olihan, P.O.-Alasahi, P.S.-Astaranga, District-Puri, Odisha. Thereafter, the case file has been transferred to the Eastern Zone Bench, Kolkata by the New Delhi Bench vide order dated 16.02.2024 and the case has been re-numbered as Original Application No.68/2024/EZ.

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This Original Application was registered on the basis of the letter petition received from one Dr. Laxmidhar Biswal resident of Olihan, P.O. Alasahi, PS Astaranga, District Puri, Odisha making an allegation that the contractor, namely, Sri Bidyadhar Swain, JE Er. Sushanta Kumar Pradhan of OSPH&WC Bhubaneswar division have encroached upon Prachi River unauthorizedly and caused irreparable loss to the river in the process of implementing the ongoing project at Kakatpur i.e. construction of the Model Bus Stand at Kakatpur. It has been alleged that the project proponent and the named official have encroached upon the Prachi River.

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At the time of admission, the Tribunal constituted a Committee comprising of the following members:-

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(i) Representative of Central Pollution Control Board;

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(ii) Member Secretary, Odisha State Pollution Control Board;

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(iii) District Magistrate, Puri.

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The Committee was required to visit the site and submit its Report with reference to the allegations made in the letter petition.

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The Respondent No.2, Collector, Puri, has filed affidavit dated 18.07.2024 bringing on record the Report of the Enquiry Committee which reads as under:-

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“In compliance to the above order, the Joint Committee comprising of Collector Puri, Dr. S. Giri (OSPCB), and Toufic Aslam Scientist “C”, CPCB, Regional Directorate, Kolkata made an inquiry into the matter on the spot at Kakatpur on dated 14.05.2024 in the presence of the Additional Tahasildar, Kakatpur. Revenue Supervisor, Kakatpur and Revenue Inspector, Kantapada.

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The following points are noticed by the above Joint inquiry committee.

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1. Bus stand is constructed and fully functioning over the Plot No. 3733/4633 with an area of Ac. 1.00 (kissam Patita) under the Khata No — 1193 (Abada Jogya Anabadi) of Mouza Balara of Kakatpur Tahasil. But this plot was previously recorded as Plot No- 3733 with an area of Ac. 1.84 decimal (kissam Prachi Nadi) under the Khata No- 1194 (Abada Ajogya Anabadi) of Mouza Balara as per the final R.O.R. published on Dated 31.03.1992.

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2. As per the De-reservation Case No- 21/2005, an area of Ac. 1.00 out of plot No. 3733 Ac. 1.84 dec. of khata No1194(AAA) has been de-reserved for the purpose of Bus Stand as the River Prachi had lost its rights such as irrigation, drinking and bathing facilities of the localities and shall not make any obstruction to the drainage facility. Beside it is free from all encumbrance and litigation.

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3. After finalization of the De-reservation Case No. 21/2005, the above land schedule has been changed and recorded in Khata No. -1193 (AJA), plot No- 3733/4633 with an area of Ac. 1.00 Kisam Patita. Now the model bus stand is functioning over this plot No- 3733/4633.

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4. Now the River Prachi is flowing approximately 100 mts away from the bus stand and the people use Prachi water during the month of Shravan and in any other purpose for Biswamita Ashram, Kkaktpur which is approximately 200 mts away from the Bus stand.

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5. Boundary wall of 6 feet height has been constructed at around the Bus Stand area with two numbers of gate i.e. in and out gate.

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6. In the Bus Stand separate toilet facility for the gents and ladies passengers has been provided. For the treatment of the toilet, black water, septic tank, and soak pit has been provided and similarly for treatment of general wash water soak pit has been provided inside the Bus Stand campus. No wash water was observed to be discharged outside the Bus Stand premises.

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7. It was also observed that, for discharge of rain water to be generated during monsoon period, the unit has provided separate storm water drain inside the premises and provision has been made to discharge the same to outside lowland area.

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8. The solid waste generated is collected in 4 numbers of plastic containers provided inside the Bus Stand premises. It was reported that the same will be disposed in the solid waste management facility of the Panchayat Samiti, Kakatpur.

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As such it is evident from the spot visit by the joint committee that there is neither any encroachment upon the Prachi river nor any adverse impact to the Prachi river due to construction of model Bus stand at Kakatpur.”

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Thus, from the Report of the Joint Committee what emerges is that River Prachi is approximately 100 meters from the Bus Stand and the general public continue to use the River during the month of

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Sawan; there is no encroachment on River Prachi; no adverse impact has been caused on the River due to construction of Bus Stand. We also find that the Bus Stand has been constructed over Plot No.3733/4633 admeasuring an area of Ac.1.00 (Kisam Patita) after the said plot of land had been de-reserved vide De-reservation Case No.21/2005 since the land in question had already lost its original characteristic.

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So far as dereservation of the land character which took place in 2005, it may be observed that this Tribunal has no jurisdiction over Revenue Courts.

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The Enquiry Report further mentions that a boundary wall of 6 feet height has been constructed around the Bus Stand area with two gates; there is a separate toilet facility for gents and ladies in the Bus Stand. For treatment of black/sewage water, septic tank and soak pit have been provided and for treatment of general wash, a water soak pit has been provided inside the Bus Stand Campus. It is stated that there was no discharge of waste water/wash water outside the Bus Stand premises.

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The Joint Committee Report further noted that the Unit has provided separate storm water drain inside the premises for discharge of rain water which may be generated during the monsoon period and provision has been made to discharge the same to the outside lowland area.

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As regards solid waste being generated, it is stated that the solid waste generated is collected in four plastic containers provided inside the Bus Stand premises and the solid waste is disposed of in the solid waste management facility of the Panchayat Samiti, Kakatpur.

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We have gone through the Enquiry Report and perused the documents on record.

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In view of the Enquiry Report, we find that there is no encroachment on Prachi River nor any adverse impact to it due to construction of the model Bus Stand at Kakatpur.

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The Original Application No.68/2024/EZ lacks of merit and is accordingly dismissed.

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Interlocutory Applications, if any, stand disposed of accordingly.

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There shall be no order as to costs.

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM

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August 07, 2024, Original Application No.68/2024/EZ (Earlier O.A. No.26/2024/PB) MN

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Laxmidhar Biswal v. Member Secretary Odisha State Pollution Control Board

Case brief

What is this about?

What did the court decide?

Laxmidhar Biswal v. Member Secretary Odisha State Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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