NGT stays market complex on water body in Berhampur

The interim stay order was issued by NGT’s East Zone Bench on a petition filed by Natabara Sahu and others.
The National Green Tribunal.(File photo | EPS)
The National Green Tribunal.(File photo | EPS)

CUTTACK: The Berhampur Development Authority (BDA)’s bid to construct a market complex over Santra Bandha, a water body has hit a road block with the National Green Tribunal (NGT) issuing a stay order on it on Tuesday.

The interim stay order was issued by NGT’s East Zone Bench on a petition filed by Natabara Sahu and others. According to the petition BDA was constructing the Ganjam Hatta/Commercial Complex/Market Complex on a water body over an area of 5 acre at a project cost of Rs 25.66 crore. The area where the construction is on is recorded in the revenue record as ‘Jalasaya’ which is a water body.

By constructing the Commercial Complex, BDA had caused destruction and degradation of the water body and acted in violation of the Supreme Court directions in Hinch Lal Tiwari vs Kamal Devi & Ors of 2001. The Supreme Court had directed the authorities to restore water bodies and protect them from encroachments, the petition alleged. Advocate Biranchi Narayan Mohapatra appeared on the petitioner’s behalf.

While issuing notice to the BDA, the Bench of Justice B Amit Sthalekar (Judicial Member) and Justice Saibal Dasgupta (Expert Member) said, “In our opinion, matter requires consideration” and fixed July 15 as the next date for hearing on the petition.

“In the meantime, we direct that there shall be stay on further construction of Ganjam Hatta on Plot No.1096 (Jalasaya)”, the Bench said in the interim order. The Bench expected BDA to file its reply affidavit to the petition within four weeks.

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