There Should be Equilibrium Between the Industrialization and Eco-System: Orissa High Court

There should be equilibrium between the industrialization and eco-system: Orissa High Court

The Orissa High Court ruled that industrialization is required for enhancement of revenue, but that does not mean that it should be done at the cost of the lives of a human being by destroying eco-system. The bench further observed that there should be an equilibrium between the industrialization and eco-system.

Facts of the case

  • The Court was hearing the plea of New Light Yubak Sangha, a club registered under the Cooperative Society Act. It has filed writ petition seeking direction to the opposite parties to cause an inquiry on the basis of the grievance made by the villagers of Sodamal and further seeks to cancel the notification dated 10.10.2019 through which 8 acres of forest land in Sodamal village was allotted to a Waste Management Firm by the Odisha Industrial Infrastructure Development Corporation (IDCO).
  • The land in question, was handed over to IDCO on lease basis and IDCO handed over the same to opposite party no.8 for setting up of the industry by allotting the area measuring Ac.8.00 decimals for the project.
  • The land in question is a government land and with fully newly created green trees situated over khata no.490 in mouza-Sodamal in the district of Jharsuguda. After the said notification, the local people, who belongs to scheduled caste and scheduled tribe community immediately put their grievance before the Collector and District Magistrate, Jharsuguda and the petitioner also taken steps for the local people for their welfare and protection of newly created forests by submitting grievance and after intervention of media, the question of handing over the land to IDCO was cancelled.
  • But, again in the year 2019, Tahasildar, Kolabira published a notification that the land in question, which is jungle kisam, would be handed over to IDCO on lease basis so that IDCO would hand over the same to opposite party no.8 for setting up of the industry by allotting the area measuring Ac.8.00 decimals for the project.
  • The District Level Single Window Clearance Committee without giving opportunity of hearing to the local villagers approved the application of opposite party no.8 for allotment of forest land in which newly planted valuable trees are growing.
  • The Club stated that if an industry would be set up on the land in question, there would be destruction of eco-system by felling down the trees at the cost of livelihood of the local people and it would be in gross violation of Article 21 of the Constitution of India.
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  • The petitioner club, while challenging the allotment of land to IDCO, without hearing the villagers and other stakeholders, also argued that it created new forest over the land in question by planting valuable trees under the afforestation programme of the government and the forest department had supplied the trees for plantation over the said land.

Order of the Court

  • The Court pronounced that, “In view of the steps taken by opposite party no.8 at the cost of local people is serious one, thereby, as has been stated earlier if the lease was allotted in the year 2011 and 2015 and the said proposal was cancelled, subsequently there was no valid justifiable reason to set up the industry by opposite party no.8 in the said land by destroying the eco-system without hearing the grievance of the local people.

Significantly the Court held that, “No doubt, industrialization is required for enhancement of revenue, but that does not mean at the cost of the lives of human being by destroying eco-system. Thereby, equity has to be maintained between industrialization and eco-system itself. Unless there is equilibrium between the two systems, ultimate result will be devastated.”

  • Further, observing that since the petitioner had already moved the representation the Collector and District Magistrate, Jharsuguda and the same was still pending for consideration, the Court disposed of the writ petition by directing them to consider the representation.
  • The Court directed them to pass a reasoned and speaking order by affording opportunity of hearing to the petitioner vis-à-vis opposite party no.8 and other affected persons, if any, as expeditiously as possible preferably within a period of three months before setting up of the unit of opposite party no.8 in the locality.

There should be equilibrium between the industrialization and eco-system: Orissa High Court

Citation- W.P.(C) No. 34688 of 2020

Coram- HON’BLE THE CHIEF JUSTICE MR. MOHAMMAD RAFIQ and HON’BLE DR. JUSTICE B.R. SARANGI

Also Read: Merely Because The Boy Is Not Of Marriageable Age Though Major The Right Of Boy To Live-Together Can’t Be Denied: P&H HC

One thought on “There Should be Equilibrium Between the Industrialization and Eco-System: Orissa High Court

  • Jan 1, 2021 at 1:21 pm
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    Right to protest seems to be on higher pedestal than Right to life, freedom of Expression & completely segregated from any corresponding fundamental duty.

    Reply

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