Sunakar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 8296 of 2022 Sunakar Pradhan .....

Petitioner Mr. Ramakant Mohanty, Sr. Advocate Vs.

State of Odisha & Ors.

.....

Opposite Party State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

13.04.2022 Order No.

This matter is taken up through hybrid mode.

2.

Heard Mr. Ramakant Mohanty, learned Senior Counsel appearing for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate for the State. 3.

Mr. Ramakant Mohanty, learned Senior Counsel appearing for the petitioner contended that due to non-grant of environment clearance, the petitioner is not able to operate the sand sairat, i.e. Kushabhadra River Sand Source in village Bhubanpur.

4.

Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State contended that opposite party no.3- Tahasildar, Balianta has already transmitted the records to opposite party no.4-State Environment Impact Assessment Authority on 01.02.2022 for grant of environment clearance. Therefore, opposite party no.4 will take necessary steps for granting environment clearance so as to enable the petitioner to enter into an agreement with opposite party no.3-Tahasildar, Balianta.

5.

In that view of the matter, if opposite party no.3 has

already transmitted the records, as stated by learned Additional Government Advocate, opposite party no.4 shall take necessary steps for grant of environment clearance certificate within a period of two weeks. In that event, on receipt of the same, lease agreement shall be executed by the Tahasildar. If opposite party no.3 has not transmitted the records to opposite party no.4, a departmental proceeding shall be initiated against opposite party no.3 for violation of statutory rules governing the field. 6.

With the above observation and direction, the writ petition stands disposed of.

Issue urgent certified copy as per rules.

Alok/Puspa (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE