Nanda Kishor Patel Vs the State Pollution Control Board, Bbsr

Sub:- Submission of information on the grievance petition of Nanda Kishor Patel & others regarding operation of poultry firm on plot No 449, 498/1550, Kh No 178/232 of Mouza Bhoinatora there to.

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Ref:- W.P(C) PIL No.5064 of 2025

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Sir,

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In inviting a reference to the captioned subject, I am to intimate that, RI Bhukta has conducted field enquiry into the petition filed by sri Nanda Kishor Patel &

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other and reported that, plot 499 area Ac 1.24 dec Kissam Gharabari and plot No 498/1550 area Ac 0.92 dec Kissam Gharabari of Kh no 178/232 of Mouza Bhainatora, is recorded in the name of Sunita Patel W/o Sibaji Patel Sunita Patel W/o Sibaji Patel and she has already constructed a poultry firm of about 25000 bird capacity over said plots. The poultry firm has not yet operational. There is agricultural land of other persons on the three sides of the poultry firm. Besides a mega lift i.e Gangadhar irrigation project is situated near the firm and from the boundary of the irrigation project the firm’s boundary distance is 40 metres & firms’ distance is 45 metres. A road is situated 215 mtrs away from the firm’s boundary and a pond is at the distance of 121 mtrs from the firm’s boundary. A lift point also situated 27 mtrs distance from the firm’s boundary. An excavated pit cubic area of (30mtrs x 3mtrs x 3mtrs) is in the premises of Poultry firm to dispose of waste product of firm. There are Huts also situated from the 500 mtrs away from the firm. Now the firm has not yet gone operational.

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However, after operational of the poultry firm pollution related matter can be ascertained through technical enquiry by expert authority. A copy of report of RI is enclosed here with for favour of your kind information and necessary action.

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Yours faithfully, Tahasildar Ambabhona

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Memo No 1915 Date 30/05/2025

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Copy to Nanda Kishor Patel and others of Ambabhona block for information with reference to their grievance.

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Tahasildar Ambabhona”

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2 . The report is submitted to the Collector, Bargarh but no

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final decision has been taken thereupon as of now. The necessity of seeking a report and submission thereof originated from an order dated 19^th March, 2025 passed by this Court in WP(C) No.5064 of 2025. Since the Collector, who is the final authority has not taken any decision as of now, the report cannot be construed as sacrosanct. There is no justification in interfering with the report or quashing the same as it is an opinion simpliciter which requires a conscious decision to be taken by the competent authority.

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3. In view of the above facts, we find that the instant writ petition is pre-mature and the same is hereby dismissed.

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4. However, the dismissal of the instant writ petition on such count shall not stand in the way of the writ petitioners in approaching the Court ventilating their grievance, if the cause of action so accrued.

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(Harish Tandon) Chief Justice

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(M.S. Raman)

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Judge

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Signature Not Verified

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Digitally Signed Sisira Signed by: SISIRA KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 07-Jan-2026 12:45:35

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