Dismissed

1. Jharana Dehury Aged About 39 Years v. 1. Union of India through the Secretary Ministry of Environment Forests and Climate Change

NGT3 Feb 2025IA No. 10/2025 in Original Application No. 233/2024

Case brief

AI extract

What is this about?

The Court rejected an interim application to restrain the Divisional Forest Officer from felling trees. The Court held that deposits made by the user agency for environmental clearance and afforestation precluded any reason to doubt compliance.

What did the court decide?

No interim order restraining felling of trees to be granted.

1. Jharana Dehury Aged About 39 Years vs 1. Union of… — Environment and Pollution | NGT (2025)

¶1

Item No.01

¶2

Court No.1

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

¶4

(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

¶5

I.A. No.10/2025/EZ

¶6

¶7

Original Application No.233/2024/EZ

¶8

Jharana Dehury & Ors.

Applicant(s)

Versus

Unio of India & Ors.

Respondent(s)

Date of hearing: 03.02.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

¶14

For Applicant(s) : Mr. Sankar Prasad Pani, Advocate (in Virtual Mode) a/w Mr. Ashutosh Padhy, Advocate (in Virtual Mode)

¶15

For Respondent(s) : Mr. Partha Sarthi Nayak, AGA for R-2-5, (in Virtual Mode) Ms. Amrita Pandey, Advocate for R-6, Mr. Ashok Prasad, Adv. for R-7, (in Virtual Mode)

¶16

ORDER

¶17

Mr. Sankar Prasad Pani assisted by Mr. Ashutosh Padhy, learned Counsel is present (in Virtual Mode) for the Applicants.

¶18

This I.A. has been filed by the Applicants praying that the Divisional Forest Officer, Angul, be restrained from further felling of trees until final disposal of the Original Application.

¶19

Objection on affidavit dated 01.02.2025 has been filed by the Assistant Conservator of Forests (Territorial), Angul, on behalf of the Respondent No.5, and in para 8 thereof it is stated that the User Agency i.e. Respondent No.6, Project Proponent, has already deposited Rs.138,21,99,043/in Odisha CAMPA Account No.15082830980795 of Union Bank, Lodhi Road, New Delhi, which includes the Net Present Value (NPV) of the forest land diverted, amount of Rs.73,54,95,225/+ Rs.23,83,04,300/for

¶20

¶21

compensatory afforestation over 1567 hectares in Boudh and Balangir Forest Divisions, Regional Wildlife Management Plan Rs.7,48,49,518/-, for Wildlife Management Plan Rs.20,00,00,000/-, for 1.5 time Safety Zone Rs.78,15,000/-, for scheme for plantation (for area equivalent of 100 mtr. buffer around the mine lease) Rs.7,57,35,000/and for Soil Moisture conservation Plan Rs.5,00,00,000/-.

¶22

In view of the averments made in para 8 of the objection filed by the State Respondents, we are not inclined to grant any interim order to the Divisional Forest Officer, Angul, as prayed by the Applicants. So far as the afforestation is concerned, we have no reason to doubt that payments for various works including afforestation having been earmarked for Boudh and Balangir Forest Divisions the same will be carried out as per the forest protocol.

¶23

In view of the above, the I.A. No.10/2025/EZ is rejected.

¶24

List the Original Application No.233/2025/EZ on the date fixed.

¶25

..................................... B. Amit Sthalekar, JM

¶26

Dr. Arun Kumar Verma, EM

¶27

February 03, 2025, Original Application No.107/2024/EZ AK

¶28

1. Jharana Dehury Aged About 39 Years v. 1. Union of India through the Secretary Ministry of Environment Forests and Climate Change

Case brief

What is this about?

What did the court decide?

1. Jharana Dehury Aged About 39 Years v. 1. Union of India through the Secretary Ministry of Environment Forests and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tribunal on Its Own Motion Suo Motu Based on the News Item in the Indian Express Dt 03RD November 2023 Titled Tn Activists Allege Drinking Water Supplied from Madambakkam Lake in Tambaram Contaminated With Sewage Civic Body Disagrees vs Tamil Nadu Pollution Control Board

Tribunal on Its Own Motion Suo Motu Based on the News Item in the Indian Express Dt 03RD November 2023 Titled Tn Activists Allege Drinking Water Supplied from Madambakkam Lake in Tambaram Contaminated With Sewage Civic Body Disagrees vs Tamil Nadu Pollution Control Board

1. Sanjib Dhal S/O Murali Dhal Aged About 47 Years vs 1. State of Odisha Represented by Chief Secretary Government of Odisha

V K E Environmenta vs Ministry of Environment Forest and Climate Change

Avadhesh Singh vs State of Madhya Pradesh

Bosco Cruz Fernandes Alias Cruz Austin Fernandes vs Goa Coastal Zone Management Authority

Sudhir Kumar Jha vs Gorakhpur Development Authority through Chief Secretary

Sudhir Kumar Jha vs Gorakhpur Development Authority through Chief Secretary

1. Youth United for Sustainable Environment Trust Represented by Its President Santanu Kumar Bhukta S/O Golak Bhukta Aged About 32 Years vs 1. State of Odisha Represented by Chief Secretary Government of Odisha

1. Sanjib Dhal S/O Murali Dhal Aged About 47 Years vs 1. State of Odisha Represented by Chief Secretary Government of Odisha

1. Prakash Chandra Nayak S/O Duryodhannayakaged About 47YEARS at- Patarpada Po- Patamandirps- Parajang Dist- Dhenkanalodisha vs 1. State of Odisha Represented by Additional Chief Secretary Forest and Environment Department Government of Odisha

News Item Titled Erosion Pushes Turtle Nests 14 Km in Odisha Appearing in the Times of India Dt 14 04 2024 vs National Coastal Zone Management Authority through Chairman

Khalid Ansari vs State of Jharkhand and Ors.

Rabindra Pradhan vs State of Odisha Representated by Chief Secretary Government of Odisha