NGT summons construction firm MD, includes NHAI as party in Luna river encroachment case

The inspection report confirmed that the land in question, recorded in official records as Abad Ajogya Anabadi and Nadi area in Badapal Mouza, falls under the Luna river category.
 National Green Tribunal (NGT)
National Green Tribunal (NGT) (File Photo)
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CUTTACK: The National Green Tribunal’s (NGT) East Zone Bench in Kolkata has summoned the managing director of a Jharkhand-based construction company and impleaded the National Highways Authority of India (NHAI) as a respondent in a case alleging large-scale encroachment over 18 acre of Luna riverbed in Kendrapara district.

The bench comprising Justice Arun Kumar Tyagi (Judicial Member) and Expert Member Ishwar Singh issued the directions while hearing a petition filed by Alaya Samantaray, a local environmental activist, represented by advocates Sankar Prasad Pani and Ashutosh Padhy.

Continuous encroachment by the company engaged in the expansion of NH-53 at Badapal under Marsaghai tehsil, has adversely affected the riverine ecosystem and poses a threat to the free flow of Luna river, the petition alleged.

Acting on the petition, the Tribunal had earlier directed a joint inspection by the tehsildar of Marsaghai and the superintending engineer of Kendrapara Irrigation Division. The inspection report confirmed that the land in question, recorded in official records as Abad Ajogya Anabadi and Nadi area in Badapal Mouza, falls under the Luna river category.

The report also noted the presence of labour hutments constructed over the floodplain area of the riverbed, describing them as constructed with brick wall without plastering and roofed by GI sheet with brick concrete foundation which are temporary in nature.

Observing that the construction company did not appear before the Tribunal despite due service, the NGT ordered, “Since the Jharkhand- based private construction company did not appear despite due service, we consider examination of the managing director of the company as witness in the present case.”

The Tribunal took note of the joint inspection report dated January 27, 2025, which identified the private company as the implementing authority for NHAI. Recognizing NHAI’s role, the bench impleaded NHAI as a respondent and issued notice to it.

The case will be taken up on December 1, 2025, for further proceedings.

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