Baldev Pradhan Vs the Collector, Sonepur — Orissa HC (2026) — LawSathi Research

Baldev Pradhan Vs the Collector, Sonepur — Orissa HC (2026) — LawSathi Research

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.30895 of 2025

Baldev Pradhan and another

… Petitioners

Mr. Suresh Kumar Jena, Advocate

-Versus-

The Collector, Sonepur and others

… Opposite parties

Mr. Debashis Tripathy, Additional Govt. Advocate

CORAM:

THE HON’BLE THE CHIEF JUSTICE AND

THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

03.02.2026

02. 1. The petitioners, inhabitants of Langalakata Gram Panchayat under Dunguripalli Police Station in the district of Sonepur, raised grievance that without procuring clearance from the Pollution Control Board, Odisha, a rice mill is proposed to be set up.

It is adumbrated in the writ petition that a rice mill is proposed to be constructed under Langalakata Gram Panchayat without obtaining clearance from the State Pollution Control Board, Odisha and if such rice mill or processing unit is allowed to be set up, serious health hazards would ensue to the local inhabitants having houses in its vicinity.

It is submitted by Shri Suresh Kumar Jena, learned Advocate for the petitioners that a representation dated 24.09.2025 was made to the Collector, Subarnapur, apprising him of the fact that the setting up of the rice mill/processing unit is in violation of Section 25 of Water (Prevention & Control of Pollution) Act, 1974 and Section 21 of Air (Prevention & Control of Pollution) Act,

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Since no decision has yet been taken by the said authority, this writ petition is filed.

An affidavit has come to be filed by the Additional Government Advocate asserting that the opposite party no.3 namely, Dasarath @ Dasarathi Meher has obtained Consent to Establish (CTE) paddy processing unit in the name and style “Saraswati Paddy Processing” from the State Pollution Control Board, Odisha, which was intimated by the Regional Officer, SPCB, Balangir vide letter No.4351 dated 16.10.2025.

An affidavit is also filed on behalf of opposite party no.3 affirming that the State Pollution Control Board has accorded permission to establish and carry on the operation of process of paddy by Office Memorandum dated 31.05.2024.

Heard.

Perused the affidavits. Glance at the Office Memorandum dated 31.05.2024 issued by the Regional Officer, State Pollution Control Board Regional Office, Balangir enclosed with the affidavit filed by the opposite party no.3 revealed that Consent to Establish a Paddy Processing Unit (rice mill) has been accorded to M/s. Saraswati Paddy Processing by exercising power under Section 25 of Water (Prevention & Control of Pollution) Act, 1974 and Section 21 of Air (Prevention & Control of Pollution) Act, 1981.

The Regional Officer, State Pollution Control Board, Odisha issued letter dated 16.10.2025 addressed to the Additional District Magistrate, Subarnapur, confirming the fact that parboiled rice mill in the name and style “M/s.Saraswati Paddy Processing”, Langalkata, Berhampur, Rampur in the district of Subarnapur, applied for Consent to Establish along with “No Objection

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Certificate” (NOC) issued by the concerned Gram Panchayat. The said letter reveals that on consideration of requisite documents submitted in connection with the rice mill, Consent to Establish the said rice mill has been permitted.

In view of such clear evidence placed on record by way of affidavits filed by the opposite party nos.1, 2 and 3, this Court finds no merit in the contention of the learned counsel for the petitioners that without obtaining clearance from the State Pollution Control Board, Odisha, the rice mill is proposed to be set up.

The writ petition, being devoid of merit, is therefore dismissed.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge

Aswini

Signature Not Verified

Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-incharge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 05-Feb-2026 18:53:11

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