MURLI MANOHAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant who is stated to be a public spirited person, has filed the present application, praying for a declaration that the changing of natural flow and course of Baitarani River by respondents 4 to 6 is illegal with a further direction to the State Govt. to ensure that the natural flow of water in the above -said river is not obstructed by any one including the said respondents. That apart, he has also asked for setting aside the letters issued by the 2nd respondent no 4231 dt 11 -02 -2009, no. 34127 dt 24 -12 -2009 & no. 28834 dt 26 -8 -2008 in favour of respondents 3 to 6 respectively It is the case of the applicant that Baitarani river originates from Guptaganga hills in Keonjhar District of Odisha. The Baitarani, along with Mahanadi and the Brahmani forms the Middle Coastal Plain. According to the applicant, Baitarani is the only robust source of water in the district, providing 95% of drainage of the district and the lifeline of the people, land and its ecology.

(2.) IT is further the case of the applicant that the water of Baitarani is required for various projects like the Kanupur Major Irrigation project for irrigation of 48000 acres of lands, Anandapur Irrigation Barrage to irrigate 150,000 acres of lands in the north Odisha coastal areas, many minor irrigation projects, domestic water supplies to 8 urban complexes apart from many water -based industries. While so, the 4th respondent, M/S Baitarani River pellets Ltd. proposed to construct 4.0 MTPA iron ore beneficiation plant at Tanto village and a tailing dam at Nalda in Barbil Tahsil of Keonjhar District. A joint venture agreement was entered with government of Odisha on 15 -03 -2007. The beneficiation plant will be connected by 220 km underground slurry pipes to a 4 million tonnes per annum pellet plant under construction at Kalinga Nagar in Jajpur District, where the ore slurry will be balled and fired in to pellets.

(3.) SIMILARLY , the Respondent 6, M/S Jindal Steel and Power has proposed a Pellet Plant of 10.0 MTPA capacity at Deojhar of Barbil Tahsil in the District Keonjhar, odisha along with a 9.0 MTPA beneficiation Plant. MOU for such projects was signed between the Respondent 6 and the Government of Odisha on 3.11.2005.