The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.40113 of 2023 Rungta Khyati Grasta Praja Mahasangha, Dhenkanal and another …. State of Odisha and Ors.. -versus- …. Petitioner(s) Mr. Manas Ranjan Patra, Adv. Opposite Party(s) Mr. Ch. Satyajit Mishra, AGA CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 17.01.2024 04. 1. This matter is taken up through hybrid arrangement. 2. In the present Writ Petition, the Petitioners Association is purportedly challenging the arbitrariness of the Opposite Party No.2/ State Pollution Control Board, Bhubaneswar in conducting the public hearing without following the procedures established under the rule. The primary prayer being, inter alia, to direct the Opposite Party No.2 to conduct a de novo public hearing at village- Tulasidiha, Charaagadia and Kongoipal at Tahasil -Odopoda, in the district of Dhenkanal with regard to the project in question. 3. Although this Court is slow and reluctant in interfering in such matters, given the averments made, the notice was issued on 04.01.2024 whereby the Opposite Parties were given an opportunity to file a short counter affidavit by the next date. A perusal of the Counter Affidavit filed by the Opposite Party Nos.3 and 6 dated Page 1 of 7 Signature Not Verified
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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 27-Jan-2024 07:53:38 // 2 // 08.01.2024 reveals that the State Pollution Control Board, Odisha organized a meeting under the Chairmanship of Additional District Magistrate, Dhenkanal on 31.08.2023 at 11:00A.M. at Nayabhagirathipur (East) R.I. Office, Dhenkanal where Er. Ramesh Kumar Ekka, Regional Officer, Pollution Control Board, Angul, representatives of the project proponent and there were as many as 400 to 500 people from the affected villages attended the public hearing meeting. The place for conducting public hearing appears to have been fixed after taking consent of the local village representatives of project affected villages i.e. the Sarpanch of Sibapur Grama Panchayat as well as of the Motanga Grama Panchayat i.e. the relevant gram panchayats. It, thus, transpires that while deciding the venue of public hearing, the Opposite Party No.2 has, in fact, taken the views of the project affected people of both Motanga and Sibapur Grama Panchayats through their elected representatives. It is further revealed from the affidavit that previously on 21.08.2023 the Sarpanch of both the Gram Panchayats had given in writing to Opposite Party No.2 as well as other authorities that they have no objection to the Venue of the public hearing i.e. at Nayabhagirathipur (East) R.I. Office. Even the proceedings of the public hearing meeting itself clearly indicates that the Opposite Party No. 2 invited the public to participate and render their views/ suggestions about the proposed project. It is further borne from the records that about 37 participants of different affected villages have expressed their opinion and views on the Page 2 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 27-Jan-2024 07:53:38 // 3 // proposed project from amongst a gathering of 400 to 500 people present. It is, thus, clear that the fixation of the Venue for the public hearing has been done in a reasonable manner in conformity with the due rules governing the field and the competent authority seems to have complied with such rules. 4. It also emerges from the affidavit that certain facts seem to have been supressed by the Petitioners Association. In terms of the commitments and resolution passed on 27.06.2018 the project proponent has already constructed alternative road for the village Tarkabeda, alternative pond ; a road for the village Galapada, and an alternative pond of village Jhadabandha. The said fact has been brought on record in the counter affidavit filed by the State. 5. An important aspect of the matter forthcoming from the said counter affidavit is that the Project proponent has established its unit by direct/private purchase of land from the land owners of those villages. A total area of Ac.61.465 dec. of private land of village Tulasidiha has been purchased by the project proponent through direct purchase from willing sellers. No land parcel has been acquired through land acquisition process for the project in question which would necessitate any resettlement or rehabilitation. 6. A preliminary counter affidavit dated 15.01.2024 has also been filed by State Pollution Control Board i.e. Opposite Party No.2 supporting the stand of the State. It has been stated that the board has no role except to conduct the public hearing in accordance with the procedure established under the supervision of the District Page 3 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 27-Jan-2024 07:53:38 // 4 // Collector or his representative and, thereafter, forwarding the record of the proceedings to the concerned regulatory authority. The board is not empowered to take any action on a representation being made but it has to only forward such representation to the regulatory authority which has been done in the present case i.e. the representation dated 05.08.2023. 7. The prayer of the Petitioner to conduct a de novo public hearing nullifying the public hearing conducted on 31.08.2023 for the Ferro Alloys Plant of the project proponent situated in Dhenkanal District. It is further borne out from the records that there are two different units of the same project proponent. One is a Ferro Alloys Plant situated at Meramandali whose public hearing was conducted on 31.08.2023 (which the Petitioners association has sought to challenge) and another is an Integrated Steel Plant, which is located about 5 KM away whose public hearing was conducted on 30.12.2021. It has been stated that averments as regards non-compliance have been made with regard to the earlier project i.e. the integrated steel plant which is not the subject matter here but has been mischievously done only with an intent to mislead this Court by giving it an impression that certain irregularities have been committed. This fact of the matter has also been taken note of. 8. After issuance of notice on 04.01.2023, the matter was next posted on 11.01.2023 when the Petitioners having received the copies of the counter affidavits sought time to file a rejoinder thereto. On such request, the matter was listed on 17.01.2024 for final hearing and Page 4 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 27-Jan-2024 07:53:38 // 5 // disposal of the matter. On the aforesaid date i.e. 17.01.2024, none appeared when the matter was called for the first time although the matter was specifically fixed at 2:00 PM for final disposal. When the presence of the learned counsel for the Petitioners was ensured at the end of the board, he appeared and stated that he has instructions to withdraw the matter. Notice is also taken of the fact that in the present case the pleadings are complete and the matter was ripe for deliberation and final disposal. 9. In fact, the primary allegation of the Petitioners association is that the public hearing was not conducted in a manner compliant with law. From the perusal of the case record, affidavit of the opposite parties, it is clear that the public hearing has, in fact, been held within the contours of law and that the bluff of the Petitioners association stands called out. What also emerges is that the project proponent has, in fact, privately purchased lands from willing sellers to establish the unit in the present case. The Petitioners association has also approached this Court with unclean hands and has not only suppressed material facts relevant to the present case but has also made misleading pleadings in order to give an impression that illegalities had been committed. The counter affidavits by the State and the board have made the matter crystal clear as indicated in the discussion hereinabove. When the pleadings were complete and the matter was ripe for hearing the Petitioners association has at this stage chosen to withdraw the present petition having wasted valuable judicial time of this Court. This tantamount to an abuse of Page 5 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 27-Jan-2024 07:53:38 // 6 // process of the Court and has been sternly looked down upon by the Courts from time to time. 10. It is a matter of concern that such frivolous petitions are filed by errant associations like the present one only in order to subterfuge
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and blackmail the industry by trying their luck in various forums. This Court makes it clear that such attempt by the Petitioners does waste the valuable time of the Court but also create stumbling block to the oft quoted ease of doing business in the business circle. Stern warning is issued to such associations not to waste the valuable time of the Court by abusing the process of Court or indulge in forum shopping activities. 11. The Apex Court has held repeatedly that whenever public interest is invoked, the Court must examine the petition carefully to ensure that there is genuine public interest involved. The stream of justice should not be allowed to be polluted by unscrupulous litigants. No litigant should be permitted to misuse the judicial process by filing frivolous petitions. No litigant has a right to unlimited drought upon the Court time and public money. Reference in this regard may be made to Kishore Samrite v. State of U.P.1 , Dalip Singh v. State of U.P.2, Buddhi Kota Subbarao v. K. Parasaran3 and P.S.R. Sadhanantham v. Arunachalam4.