High Court steers clear of environmental dispute

CUTTACK: The Orissa High Court has steered clear of a dispute over establishment of a fly ash brick kiln in a residential area under Puri-Konark Development Authority by asking petitioners to seek alternative remedy.

The division bench of Chief Justice Mohammad Rafiq and Justice BR Sarangi said, “Having regard to the fact that the petitioners have efficacious alternative remedy for redressal of their grievance, instead of directly entertaining the writ petition, we grant liberty to the petitioners to approach the Odisha State Pollution Control Board (OSPCB) as well as Central Ground Water Authority inviting their attention to this dispute.”

Shaikh Asfar Alam and three others, residents of the area, had filed the PIL. The petitioners had sought the Court’s intervention alleging that one Saina Khatoon is in the process of establishing a fly ash brick kiln in a purely residential area which is reeling under acute shortage of ground water. The petitioners also expressed apprehension that if the brick kiln is allowed, the fly ash particles may create health hazards for locals.

The petition was taken up for hearing through video conferencing recently. While disposing of the petition, the bench said, “If their grievances are not redressed, they are at liberty to approach the National Green Tribunal Bench at Kolkata either by physically filing or by means of e-filing. The petitioners may also request for appropriate interim relief to any of these authorities.” According to the petition, no consent was taken from the OSPCB to operate the fly ash brick industry. No Objection Certificate was also not obtained from the Central Ground Water Authority.