National Green TribunalSatya Narayan Samanta S/O Late Nimain ... vs State Of Odisha Through Principal ... on 19 April, 20181


                             BEFORE THE NATIONAL GREEN TRIBUNAL
                                EASTERN ZONE BENCH, KOLKATA

                                          OA 172/2017/EZ

                                        SATYA NARAYAN SAMANTA & ANR

                                                  Vs

                                         STATE OF ODISHA & ORS.

CORAM:                     Hon'ble Mr. Justice S.P.Wangdi, Judicial Member
                           Hon'ble Dr. Nagin Nanda, Expert Member

PRESENT:             Applicants                  : None
                     Respondents No. 1,3 & 4    : Mr. Prasenjeet Mohapatra, Addl. Standing Counsel
                     Respondent No. 2            : Mr. Gora Chand Roy Chowdhury, Advocate
                                                   Ms. S. Ray, Advocate
                     Respondent No.6             : Mrs. Papiya Banerjee Bihani, Advocate
                     Respondent No. 7            : Mr. Pramit Bag, Advocate
                                                   Mr. Snehashis Sen, Advocate


                                Orders of the Tribunal
Date & Remarks

Item No. 2
19th April , 2018.
                               Affidavit placing on record joint inspection report
                        in respect of the one carried out by the Respondents
                        No. 3, 4 and 6 in compliance of our order dated
                        12.12.2017, through the Respondent No. 6, Odisha
                        State PCB, by Mrs. Papiya Banerjee Bihani, Ld. Advocate
                        and a similar report on behalf of the State Respondents
                        No. 1,3,4 and 5 by Mr. Prasenjit Mohapatra, Ld. Addl.
                        Standing Counsel, State of Odisha, are ordered to be
                        taken on record. It is stated that copies of the report
                        have been served on the other side except the
                        applicant, who is absent today. Let the report be served
                        on the applicant by dasti and by post in the
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interregnum and affidavits of service be filed before the
next date both by the State PCB and the State
respondents.
        Mr. Pramit Bag, Ld. Advocate for the
Respondent No. 7, M/s GMR Kamalanga Energy Ltd.,
the project proponent, prays that he may be permitted
to file response to the report.
      The prayer is allowed. Let him do so within a
week as prayed for.
      In the interregnum, we deem it necessary to
assess the damage caused to the forest land due to
disposal of fly ash in the area in question indicated in
the OA and other activities that have caused damage to
the forest land in question.
    In the facts and circumstances of the case, it would
be appropriate if such assessment is made by the
Forest Research Institute (FRI short), Derhadun, with
the assistance of the Regional officeof CPCB, Kolkata.
The assessment shall pertain to Plots No. 3630 and 352
corresponding to Khata No. 808 in Mouza Mangalpur,
Tehsil Odapada, dist. Dhenkanal, Odisha.
        The Director, FRI shall depute a competent Sr.
Scientist for the purpose. The Regional officeof the
CPCB shall also do the same. The team consisting of the
Sr. Scientists of FRI andCPCB shall be assisted by the
concerned DFO and a Sr. Scientist of Odisha State PCB
and the Tehsildar, Odapada, Dhenkanal in whose
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custody the revenue records pertaining to the area
would be available.
     The State Respondents shall provide all logistic
support including stay and transport of the team to
facilitate convenient execution of the work.
   The report of assessment shall be filed without fail
within 30 days from hence.
   Copies of the order shall be transmitted forthwith to
the Director, FRI, Derhadun, PO, New Forest, and the
Competent Authority of the Regional officeof CPCB,
Kolkata for compliance of the directions.
     We grant liberty to the applicant and the
representative of the Respondent No. 7 to be present
during the survey and inspection work.
      List on 29.5.2018.


                                 .....................................Justice S.P.Wangdi, JM
                                                                  19-04-2018




                              .....................................................Dr. Nagin Nanda, EM
                                                                    19-4-20184