Disposed

Kishore Chandra Pal v. Principal Secretary to Govt. Panchayat Raj Dept.

Orissa HC14 Sept 2020WP(C)/22725/2020

Case brief

AI extract

What is this about?

This judgment disposed of a writ petition seeking to quash a notification for sand lifting leases on the river Baitarani. The court held that since the grievance was pending before the Collector, the petition stands disposed of with a direction for disposal of the representation.

What did the court decide?

Directed the Collector, Jajpur to dispose of the pending representation filed by petitioners, whereas the action pursuant to the impugned notification shall not be given effect till then.

Kishore Chandra Pal Vs Principal Secretary to Govt… — Environment and Pollution | Orissa HC (2020)

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W.P.(C) No.22725 OF 2020

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03 14.09.2020

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The matter is taken up through video

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conferencing.

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Heard Mr. G.P. Jena, learned counsel for the petitioners and Mr. S. Palit, learned Additional Government Advocate appearing for the State opposite parties.

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The petitioners, who are the residents of village Ranapal, have filed this writ petition seeking to quash/cancel the notification No.5220 dated 24.08.2020 in Annexure-1 issued by the Tahasildar, Vyasanagar, Jajpur Road for grant of long term lease for lifting of sands from different places, such as, Sanala-2, Mukundapur-2, Salaba, Ranapal, Dhanatri of river Baitarani.

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The factual matrix of the case, in hand, is that the village Ranapal is situated near river Baitarani and villagers use the water of the river for the purpose of cultivation and for their daily needs, including ‘Sradhakria’ and ‘Sudhikriya’. The river Baitarani is the lifeline of the village Ranapal. The said village has been developed to small township having much historical importance. Baba Akhandalamani Lord Siva temple and Brahmeswar Lord Siva temple, Dhabaleswar temple and Maa Subarnamukhi temple are within the radius of 10 to 20 kms away from the village Ranapal. But river Baitarani sometimes take very dangerous shape and creates devastation at the time of flood due to heavy water inflow in the river. The water of the river crosses

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all limits at the time of flood. Due to heavy inflow of water, the poor and weak points of the road having not been maintained properly, it could not be able to withstand the situation. Consequently, the road is being washed away causing heavy damage to village Ranapal. The embankment road is passing over the river Baitarani. From Baitarani Road connecting to Jajpur town passing over different villages such as Salaba, Bagiria, Solapata, Hatpur, Jalanda, Gouripur, Icchapur, Rangaranga, Sarsada, Khiro, Dhanatri, Mahatakar, Govindpur and Ranapal. In the recent flood, the road passing over the river Baitanani near village Ranapal was over flooded and at some places attempts were made to fill up the poor and weak points with sand packets and at some nearby places the roads have been washed way flooding the nearby villages and paddy fields. In the event, a long term lease is granted for lifting of sand, it will cause more damage to river embankment and cause grave prejudice to the villagers. Therefore, the villagers have objected to such notification issued for putting different sand quarries into auction on the river Baitarani vide Annexure-1. Since no action was taken, the petitioners have approached this Court by filing this writ petition.

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Mr. G.P. Jena, learned counsel for the petitioners contended that the river embankment of river Baitarani near village Ranpal is very vulnerable and as such, during rainy season there is every likelihood of causing damage to such embankment. In the event the sand

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quarry as has been notified in Annexure-1 will be given on lease for a period of long term, it would cause more damage to the embankment, which will otherwise prejudice to the villagers of village Rampal. Therefore, they have made representation to the Collector, Jajpur for cancellation of notification vide Annexure-4, which is still pending for consideration.

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Mr. S. Palit, learned Additional Government Advocate appearing for the State opposite parties contended that if the petitioners have already moved the Collector, Jajpur for consideration of their grievance vide Annexure-4 and the same is still pending, let there be a direction by this Court to consider the same and pass appropriate order in accordance with law.

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Considering the contentions raised by learned counsel for the parties and after going through the records, since the petitioners have admittedly agitated their grievances before the Collector, Jajpur by filing a representation in Annexure-4, which is still pending, the interest of justice shall be best served if the same is directed to be disposed of by affording opportunity of hearing to the parties. Needless to say while disposing of Annexure-4, the representative of village Ramapal, preferably local Sarapanch, shall remain present and put forth the grievance of the villagers before the Collector, Jajpur, so that in compliance of the principle of natural justice, the Collector can dispose of the same in accordance with law as expeditiously as possible, preferably by 29.09.2020. Till then, action

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taken pursuant to Annexure-1 shall not be given effect to. Needless to mention that the representative of villagers will appear before the Collector, Jajpur on 21.09.2020, so that the Collector can fix a date of hearing and dispose of the grievance petition within the time granted by this Court. It is made clear that this Court has not expressed any opinion on the merits of the case.

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With the above observation and direction, the writ petition stands disposed of.

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As Lock-down period is continuing for COVID19, learned counsel for the petitioner may utilize the soft copy of this judgment available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587 dated 25.03.2020.

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(Mohammad Rafiq) Chief Justice

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(DR. B.R. SARANGI) JUDGE

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Alok

Kishore Chandra Pal v. Principal Secretary to Govt. Panchayat Raj Dept.

Case brief

What is this about?

What did the court decide?

Kishore Chandra Pal v. Principal Secretary to Govt. Panchayat Raj Dept.

Case brief

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