M/S Bajrangabali Womens Self Help Group v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.35776 Of 2021 (Through hybrid mode) M/S Bajrangabali Womens Self Help Group and another ....

Petitioners Ms. D.Mohapatra, Advocate -versusState of Odisha and Others ....

Opposite Parties Mr. A.K.Sharma, AGA Mr. B.P.Das, Advocate for O.P.5(Board) CORAM: JUSTICE ARINDAM SINHA

ORDER

22 .02.2022 04.

1.

Ms. Mohapatra, learned advocate, appears on behalf of Order No.

petitioner and submits, her client is a self help group. Prayer in the writ petition is for quashing O.A. no.38 of 2021/EZ, pending before the National Green Tribual (NGT) and orders under annexures-7 to 9. She submits, inspection was conducted by the Pollution Control Board (PCB) in excess of direction made by the Tribunal. She submits, her clients be given opportunity to appear before the Tribunal and state their contention regarding the inspection and penalty/compensation contemplated to be imposed on her client.

// 2 // 2.

Mr. B.P.Dash, learned advocate appears on behalf of opposite party no.5 (PCB) and draws attention to his client's counter. He submits, the OA case was disposed of on order dated 26th October, 2021. It was passed exparte against petitioner. 3.

Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State.

4.

It appears from said order dated 26th October, 2021, passed by the NGT, petitioner was respondent no.11 and in paragraph 2 the Tribunal said, learned Additional Standing Counsel had represented it. Mr. Das submits, petitioner was respondent no.12 and went unrepresented as did not appear.

5.

There appears to be error on face of the order. It is set aside and the original application is restored. Petitioner is also directed to produce this order before the tribunal and file its objection by 8th March, 2022. The tribunal may, thereafter, issue further directions or proceed to deal with the OA.

6.

The writ petition is disposed of.

(Arindam Sinha) Judge Prasant