YUDHISTHIRA SAHOO Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) THE petitioners who claim to be the representatives of a class of villagers of Badataila Sahi of mouza Balaram Prasad in the district of Angul challenge the inaction and illegal action of the opposite parties 6 to 8 and oppose the construction work of the Stage -IV Ash Pond undertaken by the management of the National Aluminium Company (for short, "NALCO"), at Balaram Prasad, Nalco Nagar in the district of Angul adjacent to the petitioners' hamlet village, although three ash ponds are already in existence to discharge the waste ashes of the power plant of NALCO through pipe line which causes inconvenience and pollution of the air and water of the area endangering the lives, health and properties of the petitioners by creating hazardous pollution in the locality and spreading diseases like T.B. and leprosy and also causes orthopaedic diseases due to fluoride contents in discharged effluents polluting the air and water in the locality.

(2.) IT is the case of the petitioners that even though the management of NALCO authority acquired the land measuring an area of Ac.46.90 dec. in the said mouza through land acquisition proceeding in exercise of emergent power of acquisition of land under the provision of Section 17(4) of the Land Acquisition Act, 1894 (for short, "the L.A. Act") due to breakage of side walling of old ash ponds with the specific remark that the opposite party management of NALCO imploring upon the Pollution Control Board is making surreptitious attempt for construction of a new Stage -IV ash pond adjacent to petitioners' hamlet village violating the purpose and endorsement in the Land Acquisition Act.

(3.) IT is submitted that petitioner no.6 is an educational institution established Punyashrama under the name of Nakula Chandra Special School for Blind, Deaf and Dumb since 2002 in mouza Balaram Prasad, which is registered under the Societies Registration Act, 1860 and also under the provisions of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 by the Government of Odisha, Women and Child Development Department vide Registration No.56/WCD of 2005, BBSR dated 10.03.2005.