CUTTACK: The Orissa High Court declined to entertain a writ petition alleging environmental damage caused by unregulated dumping of fly ash during the construction of National Highway No 49 in Jharsuguda district, and directed the petitioners to seek remedy before the National Green Tribunal (NGT).
A division bench comprising Chief Justice Harish Tandon and Justice MS Raman was hearing a writ petition filed by Sumanta Swain and eight others. The petition raised serious concerns over alleged pollution of air and water due to indiscriminate dumping of fly ash, which, according to the petitioners, damaged crops, contaminated ponds and groundwater, caused fish deaths, and affected irrigation and pisciculture in nearby villages.
The bench at the outset questioned why the petitioners should not be directed to exhaust the statutory remedy available under the National Green Tribunal Act, 2010. While acknowledging the gravity of the allegations, the court emphasised judicial discipline in matters where specialised forums exist.
“The important issues raised in the instant writ petition pertain to unregulated dumping of fly ash causing pollution in the environment and also causing an extensive damage to the crops of the people in the vicinity,” the bench noted, also referring to contamination of ponds and groundwater used for irrigation and fishery.
The court observed that authorities allegedly dumped fly ash in open areas without safeguards and during the rainy season it washed into farmlands, ponds and village roads. “We have no hesitation not even inkling of doubt that the concern shown in the writ petition is of a significant importance,” the judges said.
Holding that issues of air and water pollution from fly ash use in road construction can be conveniently addressed by the NGT, the bench said it was prudent to relegate the petitioners to the specialised forum.
“We thus refuse to exercise the discretion in entertaining the instant writ petition and relegate the petitioner to the forum as provided under the NGT Act,” the court ruled, expressing hope that the NGT would consider the serious issues raised and pass appropriate directions.