Disposed

Paramananda Behera v. State of Orissa

Orissa HC19 Aug 2016WP(C)/16177/2015

Case brief

AI extract

What is this about?

A PIL alleging safety hazards and road unsuitability due to heavy coal transport traffic was disposed of with a direction for the Collector to consider a fresh complaint and pass a reasoned order within six weeks.

What did the court decide?

Directed the Collector and District Magistrate, Angul to consider a fresh comprehensive representation with a copy of this order and pass a reasoned order within six weeks.

04. 19.08.2016 Heard Mr. G.N.Mishra, learned counsel for the petitioner as well as le arned Additional Government Advocate appearing for the State-opposite parties. 2. In view of the nature of the order which is being passed, the writ petition is disposed of without issuing notice to the opposite party No.3. However, in case the said oppo site party is aggrieved with this order, it shall have the liberty to file an application for recalling/modification of this order.

3. This writ petition has been filed in the nature of public interest litigation by a resident of the village in question alleging that the heavy vehicles carrying coal for th e power plant of opposite party No.3 pass through the road of the village in question. The con tention of the petitioner is that because of heavy truck traffic carrying coal, the villagers are suffering and there are chances of accident. It is submitted that since the road in questi on is very narrow, it is not fit for such heavy traffic. The submission of learned counsel for the petitioner is that there should be a by-pass road constructed for plying of such heavy ve hicles to the Power Plant of opposite party no.3. It is also contended that the road passing t hrough the village should be widened so as to take the load of the traffic. With regard to suc h grievance, the petitioner has filed a representation before the opposite party-authorities w hich has not yet been decided.

4. Having heard learned counsel for the parties and considering the facts and cir cumstances of the case, we dispose of the writ petition with a direction that in case, with re gard to the grievance made in this petition, the petitioner files a fresh comprehensive repres entation before the opposite party No.2-Collector & District Magistrate, Angul along with the certified copy of this order, the same shall be considered and decided in accordance with law, by a reasoned and speaking order, as expeditiously as possible, preferably within a period of six weeks from the date of filing of the same. It is further directed that in case the Collec tor, Angul-opposite party no.2 finds that some remedial measures have to be taken, he shall en sure compliance of the same as expeditiously as possible. With the aforesaid observations/directions, the writ petition stands disposed

Paramananda Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Paramananda Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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