CHARIDESH KRUSHAK SURAKHYA SANGHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Misc. Case has been filed by the O.P. No.6- KVK Nilachal Power Project Pvt. Ltd. (herein after called the 'Company') with a request to modify/correct the order dated 25.06.2012 removing the penultimate unnumbered paragraph of the said order so far as the observation 'Misc. Case No.8408 of 2012 is disposed'. Mr. Uday Lalit, learned Sr. Advocate on behalf of the Company further prayed that this Misc. Case may also be treated as the application for vacation of interim order dated 18.05.2012.

(2.) It is stated by the learned Sr. Advocate Mr. Uday Lalit on behalf of the Company that the Company filed the Misc. Case No.8408 of 2012 seeking vacation of the interim order dated 18.05.2012 and the PIL petitioners filed Misc. Case No.8731 of 2012 for issuance of direction to O.P. Nos.2, 4 and 5 to produce the relevant records regarding Forest and Wild Life Clearance and kissam of land in question. Both the said two Misc. Cases were listed together for hearing on 25.06.2012, however, after hearing the parties, this Court vide order dated 25.06.2012 directed the Standing Committee of the National Board constituted under Section 5-B of the Wild Life (Protection) Act, 1972 to take a decision on the application filed by the Company for wild life clearance and dispose of the same as expeditiously as possible, preferably within a period of three weeks and submit a report of the same before this Court. This Court further directed that after the decision of the Standing Committee, .O.P. No.2 shall produce the relevant records relating to forest and wildlife clearance before this Court. It was further observed that "at this stage, it would not be proper for this Court to vacate the interim order dated 18.5.2012."

(3.) It is submitted by Mr. Uday Lalit, learned Sr. Advocate that this Court had given a time bound direction to the Standing Committee of the National Board to take a decision on the application of the Company and for that reason on 25.6.2012 this Court was of the opinion that at this stage it would not be proper to vacate the interim order and accordingly the matter was adjourned to 17.07.2012 for further hearing for vacation of the interim order dated 18.5.2012. However, till date the Standing Committee of the National Board (SCNB) has not disposed of the application of the Company. Therefore, it is prayed that the prayer made in the Misc. Case to delete the penultimate unnumbered paragraph as well as the prayer of the company to vacate the interim order dated 18.5.2012 may be considered and necessary direction may be issued in this regard, otherwise the company will suffer irreparable loss.