W.P.(C) No.12027 of 2020

02. 28.05.2020 Heard Mrs. K.B. Roy Choudhury, learned counsel for the petitioners and Mr. S. Palit, learned Additional Government Advocate for the State-opposite parties.

This writ petition, in the nature of public interest litigation, has been filed by the petitioners inter alia with the prayer that the opposite parties-State authorities be directed to strictly comply with the Environmental Protection Act, Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and the Rules/Guidelines relating to utilization of Puri-Konark Development area for industrial purpose.

The background fact, in the present writ petition, is that the opposite party No.9-Saina Khatoon is in the process of establishing a fly ash brick industry in purely residential area adjoining to the houses of the residents which are coming under Puri- Konark Development Authority, even without shortage of ground water. The contention of learned counsel for the petitioners is that fly ash particles may create health hazards for local public. The opposite party No.9 has other plots available but she is deliberately establishing her fly ash brick industry in the residential area. It is submitted that construction of the said industry is illegal.

Learned counsel for the petitioners further submitted that neither any consent to operate the above fly ash industry from the Odisha State Pollution Control Board nor any 'No Objection Certificate (NOC)" from the Central Ground Water Authority has been obtained by the opposite party No.9. Learned counsel for the petitioners also referred to the order of the National Green Tribunal dated 21.07.2017 in the matter of Bishnu Prasad Mishro vs. State of Odisha and others, in that case wherein also similar brick kiln was operating without clearance in Ganjam District, Odisha and submitted that the counsel -2- representing the fly ash brick unit sought permission to sell the existing stock of fly ash bricks produced by them prior to passing of the interim order dated 24.04.2017 with an undertaking that they shall not manufacture such bricks without obtaining NOC from the Central Ground Water Authority. Such requirement has not been complied with by the opposite party No.9.

Having regard to the fact that the petitioners have efficacious alternative remedy for redressal of their grievance, instead of directly entertaining the writ petition, we grant liberty to the petitioners to approach the Orissa State Pollution Control Board as well as Central Ground Water Authority inviting their attention to this dispute. If their grievances are not redressed, they are at liberty to approach the National Green Tribunal Bench at Kolkata either by physically filing or by means of e-filing. The petitioners may also request for appropriate interim relief to any of these authorities.

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

As lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587, dated 25.03.2020.

(Mohammad Rafiq) Chief Justice (Dr. B.R. Sarangi) Judge SKJ