Binay Kumar Malik Versus Union of India
Binay Kumar Malik
Versus
Union of India
Original Application No. 27/2021(EZ)
Coram: Hon’ble Mr. Justice B. Amit Sthalekar, Judicial Member Hon’ble Mr. Saibal Dasgupta, Expert MemberVersus
Union of India
Original Application No. 27/2021(EZ)
Keywords: mining, agricultural lands, wildlife sanctuary
Decision: Disposed
Date: 23.12.2021
an Original Application was filed by the Applicant seeking a direction to the Respondent Authority to maintain the Swarna Chuda Reserve Forest free from illegal mining and blasting using explosives, to protect agricultural lands and reserve forest area free from encroachment, and to take steps towards safety and destruction of the Maa Kathagochhiani Temple and water supply unit. The Applicant alleged that a mining lease had been granted in 1991 for Plot No. 1761/736, in an area of about 9 hectares for stone quarry situated near Swarna Chuda Reserve Forest. However, the lease had expired in 2012-13, and the Applicant alleged that steps were being taken to grant the lease afresh, which was being protested by the villagers.
The Respondent Authority denied that the lease for Plot No. 1761/736 had been granted, as the plot did not exist near the Kathagochhi village nor did it fall within the Eco-Sensitive 22 Zone of Kuldiha Wildlife Sanctuary. The visiting team confirmed that there was no temple at the place of worship, but only a cemented platform existed under a tree which place is known as Maa Kathagochhiani. The inspection team ascertained that the present lessee was not using dynamite and no blasting activities were being carried out. Only excavation of stone was being done using a stone breaker. The lessee had applied to the District Administration Balasore for an explosive license and had constructed a protection wall towards the village road side and pillar post towards the south and west side of the Mining Lease (ML) area for barbed fencing around it. No stones had been found stocked on the road side of reserve forest from Chandipur Chhak to the Guardian deity Maa Kathagochhiani, and no damage was found to agricultural land in the adjoining/surrounding area of the lease area.
The inspection team also noted that there was no forest land existing in the mining lease area, and the project proponent had obtained Consent to Operate from the Odisha State Pollution Control Board and was operating accordingly. Although this stone quarry was earlier closed since 01.04.2012, after the order of the Hon’ble Odisha High Court dated 08.12.2020 passed in Writ Petition (C) No. 12084 of 2019, the lease deed had been executed, and stone quarrying activity was being carried on.
The Tribunal was satisfied that the present Original Application had been filed only with the aim and object to defeat the execution of the directions given by the Hon’ble Odisha High Court dated 08.12.2020 in favour of the lessee Nilgiri Khadan ‘O’ Pathara Silpa Sangathan represented through its President Santanu Mophapatra, through misleading facts in this OA. Therefore, the Tribunal dismissed the present Original Application.
Tribunal dismissed the Original Application and imposed a cost of Rs. 25,000/- (Rupees Twenty Five Thousand Only) on the Applicant which had to be deposited by him with the Registrar, National Green Tribunal, within a period of 15 (fifteen) days from today, failing which the same shall be recovered from him as arrears of land revenue.
