Hemanta Patra Vs State of Odisha

3. The Petitioners have filed this Writ Petition seeking a direction from this Court to the Opposite Party No.6/Chief Executive Officer, Dhamara Port Company Ltd. (Adani), Dosinga, District-Bhadrak to remove the siltation through dredging near Dhamara Fishing Harbour Jetty-I and II to Dhamara River Mouth and restore the water channel for smooth movement mechanized fishing boats to sea with periodical dredging in compliance to the order dated 13.09.2024 passed by the Opposite Party No.2/Collector and District Magistrate, Bhadrak.

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4. Learned counsel for the Petitioners submits that the Collector, Bhadrak has written a letter dated 13.09.2024 to the Chief Executive Officer, Dhamra Port Company Limited, (Adani), District-Bhadrak wherein, it has been mentioned that the field enquiry was conducted on 04.09.2024 to ascertain the issues on the field regarding the siltation at the mouth of the Dhamara Port and the said committee has recommended some salient points which is extracted herinbelow:-

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“ 1. DPCL will take care of smooth passage of boats and trawlers into the sea.

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2. During natural calamities, DPCL to extend all possible support to the boatsand trawlers.

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3. DPCL to undertake periodic dredging to prevent any siltation at the river mouth leading to blockage of free flow of water.

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4. District Fishery Officer will estimate the damage to the fishermen clue to implementation of Silt Curtain via-a-vis Revised Master Plan, if any, and they all are to be required to be compensated fairly as per Govt. norms.

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5. As per the field visit report of the expert team dated 04.09.24 on execution of Silt Curtain Project of DPCL, Dhamara, it is suggested to shift 30/40 meters towards the North side. If the project will be shifted to the north, there are chances of damaging the mangroves plantation for which DPCL needs to construct Bunds in various places.

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6. As per EIA study report conducted by L&T Limited & an Infrastructure Engineering independent study report by CSIR, National Institute of Oceanography, Goa, "Neither there will be adverse

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(non-existence) impact on Kanika Island nor flood in the upstream of the river due to implementation of Revised Master Plan by DPCL.”

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5. In view of the said recommendations, the Chief Executive Officer, Dhamara Port Company Ltd. (Adani), District-Bhadrak/Opposite Party No.6 should have approached for removal of the siltation at the Dhamara Port. But, the same has not been complied by the Chief Executive Officer, Dhamara Port Company Ltd. (Adani), District-Bhadrak/Opposite Party No.6, which is causing difficulties for the fisher men to enter into the sea with their trawlers.

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6. Considering the facts and submissions made, this Court directs the Chief Executive Officer, Dhamara Port Company Ltd. (Adani), District-Bhadrak/Opposite Party No.6 to implement the recommendation made by the Collector and District Magistrate, Bhadrak vide letter dated 13.09.2024 under Annexure-2. The said exercise shall be done at the earliest possible preferably within a period of two months from the date of presentation of a certified copy of this order.

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7. Accordingly, the Writ Petition is disposed of.

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Signature Not Verified

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Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 04-Mar-2025 10:43:30

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(Dr. S.K. Panigrahi)

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Judge

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Sumitra