SUPRITI MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is a writ petition filed at the instance of RAWA Academy but however represented by Supriti Mohanty, as the Secretary of the above Academy challenging the order at Annexure-3, the inspection report at Annexure-8, the "No Objection Certificate" at Annexure-9 being passed by the Collector, Angul, Assistant Environment Scientist as well as by the Regional Officer, Pollution Control Board respectively and further seeking a direction as to why opposite party no.9, the Angul Municipality shall not be directed to shift the proposed construction of Faecal Sludge Treatment Plant (for short "FSTP") to some other place.

(2.) Facts involved in this case are that RAWA Academy is a non-profit organisation, registered under the Society Registration Act, 1861. The Academy devoted to the promotion of classical forms of Art, Music and Dance. The Academy is affiliated to AVGMB Mandal, Mumbai and Pracheena Kala Kendra, Chandigarh. On account of its outreach activities, it is functioning with a tax exemption under section 80(G) of the Income Tax Act with provision under Foreign Contribution Regulation Act by the Ministry of Home Affairs to promote its service activities in the social, educational and cultural fields. In the process of its activities, it has established an establishment called "Adruta Children Home" near the site selected for establishment of the FSTP involved herein and is playing a pivotal and pioneering role in rehabilitation of abandoned, parentless and destitute children having 10 nos. of such Centres across the State with 450 children under its care and nurture. The Adruta Children Home, Angul involved is functioning in the Village-Panchamahala on 3 acres of land allotted by Government of Odisha. There are 3 buildings over the said plot having a Boys Hostel and Girls Hostel and New Born Child Care Unit. It is while the matter stood thus, the Municipal Administration, Angul decided to establish a FSTP for disposal of Faecal Sludge. In the process, the Tahasildar has identified and demarcated 3 acres of land over Khata No.194, Plot No.1133/3515 at Panchamahala, Angul adjacent to Khata No.198 bearing Plot No.1105/1621 allotted in favour of Adruta Children Home belonging to the petitioner. Coming to know the ground preparation for construction of FSTP at the instance of the Municipal Authority, the petitioner reported the Collector and the District Magistrate, Angul with a request to shift the proposed plant to a distant place to avoid possible health hazards of children staying in the Children Home describing the working of FSTP, anticipating possibility of air and water pollution hazards. Expecting infection and contaminous diseases, all the inmates in the Children Home involved herein met the Collector, Angul on 04.09.2017 in the Grievance Cell, but finding no definite outcome, the petitioner Academy moved this Court vide W.P.(C) No.20131 of 2017 and this Court in disposal of the said writ petition vide order dated

(3.) Shri Ashok Kumar Mohapatra, learned counsel appearing for the petitioner apart from reiterating the stand taken in the writ petition by the petitioner, raised the following points for consideration:-