Western Integrated Waste Management Facility Pvt. Ltd., Bbsr Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Western Integrated Waste Management Facility Pvt. Ltd., Bbsr Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: subject to the petitioner filing a reply to the show cause notice dated 03.02.2025 by 04.03.2025 with a copy of the order, the reply shall be considered in accordance with law by opposite party no.3, personal hearing afforded if necessary, the decision communicated within 15 days, and no coercive action taken against the petitioner till such communication; no opinion expressed on merits.

Issue for consideration

Whether the show cause notice dated 03.02.2025 issued by the Chief General Manager, Land, IDCO (opposite party no.3) under Annexure-3, proposing cancellation of the allotment of Ac. 12.500 decimals of land in village Patarapada made in Office Letter No.22777 dated 26.09.2022, should be set aside, in light of the NGT (Eastern Zone Bench, Kolkata) order dated 31.01.2025 in O.A. No.39/2023/EZ restraining construction pending clearance under Section 2 of the Forest Conservation Act, 1980.

Court's answer

If the petitioner files a reply to the show cause notice under Annexure-1 before the Chief General Manager Land, Bhubaneswar (opposite party no.3) within a period of two weeks (by 04.03.2025) along with a copy of the order, the same shall be considered in accordance with law.

Ratio / Principle

If necessary, personal hearing shall be afforded to the petitioner, and the order passed thereon by opposite party no.3 shall be communicated to the petitioner within 15 days of taking the decision.

Key takeaways

The Court expressly made clear that it had not expressed any opinion on the merits of the case.obiter¶25
If the reply is filed by 04.03.2025, no coercive action shall be taken against the petitioner till communication of the order is made to the petitioner.ratio¶29

Detailed headnote1 paragraphs

Writ Petition disposed of with directions (High Court of Orissa, 19.02.2025). Western Integrated Waste Management Facility Pvt. Ltd., Bhubaneswar challenged a show cause notice dated 03.02.2025 issued by the Chief General Manager, Land, IDCO (opposite party no.3) under Annexure-3 asking why the allotment of Ac. 12.500 decimals of land in village Patarapada, made in Office Letter No.22777 dated 26.09.2022, should not be cancelled. Counsel relied on the order dated 31.01.2025 of the National Green Tribunal, Eastern Zone Bench, Kolkata in O.A. No.39/2023/EZ (Paragraph-45) holding the land to be Sabik Kissam Jungle and directing that no construction or other activity be carried out until permission is granted by the Central Government under Section 2 of the Forest Conservation Act, 1980; the petitioner was respondent no.7 therein and contemplated challenging that order. On the petitioner undertaking to file a reply by 04.03.2025, the Court directed that the reply, filed with a copy of the order, be considered in accordance with law, that personal hearing be afforded if necessary, that the decision be communicated within 15 days, and that no coercive action be taken against the petitioner till such communication, expressly recording that it had not expressed any opinion on the merits. Writ Petition and I.A. No.3028 of 2025 disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.5264 of 2025

Western Integrated …. Petitioner Waste Management Facility Pvt. Ltd., Bhubaneswar

Mr. Amit Pattnaik, Advocate

-versus-

State of Odisha & Others

…. Opp. Parties

Mr. P.S. Nayak, AGA

CORAM: THE HON’BLE MR. JUSTICE S.K. SAHOO THE HON’BLE MISS JUSTICE SAVITRI RATHO

Order No.

ORDER

19.02.2025

W.P.(C) No.5264 of 2025 & I.A. No.3028 of 2025

1. This matter is taken up through Hybrid

Arrangement (Virtual/Physical Mode).

2. This writ petition has been filed by the petitioner – Western Integrated Waste Management Facility Pvt. Ltd., Bhubaneswar challenging the show cause notice dated 03.02.2025 issued by the Chief General Manager, Land, IDCO (opposite party no.3) under Annexure-3 as to why the for allotment of the

Page 1 of 4

land measuring Ac. 12.500 decimals in village Patarapada made in the Office Letter No.22777 dated 26.09.2022, shall not be cancelled.

3. Learned counsel for the petitioner referring to the order dated 31.01.2025 passed by National Green Tribunal Eastern Zone Bench, Kolkata submitted that it has been held in Paragraph-45 of the order that the land in question is a Sabik Kissam Jungle and the respondents were directed not to carry out any construction or any other activities n the said land until the application for use of such land for non-forest purposes is filed with the Central Government as required by the provisions under Section 2 of the Forest Conservation Act, 1980 and such permission is granted by the Central Government under Section 2 of the Forest Conservation Act, 1980. Learned counsel for the petitioner further submitted that the petitioner was respondent no.7 in the said proceeding, i.e., O.A. No.39/2023/EZ in the National Green Tribunal,

Page 2 of 4

Eastern Zone Bench, Kolkata and the petitioner is contemplating to challenge the aforesaid order passed by the National Green Tribunal, Kolkata before the appropriate forum and that was the main reason why the construction work has not been carried out in the land appertaining to MouzaPatarapada under Khata No.985/532, Plot No.3 measuring an area of Ac.6.500 decimals and MouzaPatarapada under Khata No.985/532, Plot No.5 measuring an area of Ac.6.000 decimals.

4. Learned counsel for the petitioner after arguing the matter for some time, submitted that he would file reply to the show cause notice dated 03.02.2025 under Annexure-1 giving all details within a period of two weeks.

5. If the petitioner files a reply to the show cause notice under Annexure-1 before the Chief General Manager Land, Bhubaneswar (opposite party no.3) within a period of two weeks from today along with a copy of this order, the same shall be considered in

Page 3 of 4

accordance with law. If necessary personal hearing shall be afforded to the petitioner to put forth his case and the order passed thereon by opposite party no.3, shall be communicated to the petitioner within 15 days of taking the decision. It is made clear that we have not expressed any opinion on the merits of the case.

6. Learned counsel for the petitioner submits that

he will file the reply by 04.03.2025.

7. If the reply is filed by 04.03.2025, no coercive

action shall be taken against the petitioner till communication of the order is made to the petitioner.

8. The Writ Petition and I.A. are accordingly disposed of.

9. Urgent certified copy of this order be issued on proper application.

(S.K. Sahoo)

Judge

Signature Not Verified

(Savitri Ratho)

Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Judge Location: HIGH COURT OF ORISSA, Date: 20-Feb-2025 19:18:14Amit/Sukanta CU TTACK

Page 4 of 4