Kailash Pradhan @ Kailash Chandra Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 7628 of 2022 Kailash Pradhan @ Kailash Chandra Pradhan and Others ....

Petitioners Mr. T.P. Tripathy, Advocate -versusState of Odisha and Others ....

Opposite Parties Mr. P.K. Muduli, Addl. Govt. Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK Order No.

ORDER

28.03.2022 01.

1. This is the second round of litigation at the instance of the villagers in and around Police Station NTPC in the district of Angul complaining of pollution on account of the plying of the trucks carrying fly ash. Earlier, the Petitioners' representation had been asked by this Court by order dated 3rd November, 2021 in W.P.(C) No.32113 of 2021, to be considered by the Tahasildar, Kaniha. Pursuant thereto after hearing the Petitioners, the Tahasildar has passed a detailed order on 4th March, 2022 where he has recommended a series of measures.

2. It appears that the Petitioners are still not happy with the measures recommended. Since the matter relates to control of pollution on account of plying of vehicles loaded with fly ash, the Court is of the view that better and effective monitoring is possible

on the intervention of the National Green Tribunal (NGT) at its Bench at Kolkata which has jurisdiction over the area. Consequently, the Petitioners are permitted to approach the NGT with an appropriate petition.

3. The writ petition is disposed of.

4. An urgent certified copy of this order is issued as per rules. (Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Jena/P.A.