Sasee Bhoosan Pattnayak vs Union Of India And Others

Arindam Sinha, J

Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, interference by this Court is necessary. He relies on notification dated 14th September, 2006 published in the Gazette of India Extraordinary, paragraphs 3 and 8 to submit, State Level Environment Impact Assessments Authority (SLEIAA) is to be constituted and was constituted by the Central Government. A member Secretary is to be nominated by the State Government but SLEIAA can only be represented by Union of India.

The authority was informed by communication dated 15th March, 2022 made by his client that there was complaint in respect of Khandabandh Iron Ore Mines on its intention of expansion proposed by Shree Metaliks. Paragraph 8 requires the regulatory authority to covey decision to applicant (Shree Metaliks) within 45 days of receipt of recommendations of the SLEIAA. His client has information that upon receipt of the communication, the complaint was forwarded to opposite party no.5.

Mr. Bhokta, learned advocate, Central Government Counsel appears on behalf of Union of India and submits, this Bench does not have assignment as the petition is on behalf of another and thereby is a Public Interest Litigation (PIL).

Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State and submits, State must be allowed representation as it has participation in opposite party no.5. He too submits, the writ petition is in the nature of PIL.

It is true that petitioner has taken up another’s cause. Court accepts submission that the petition is in the nature of PIL.

The writ petition is released from the list, to be placed before the first Division Bench.

………………………….