Cuttack: The Orissa High Court has issued a stay on the order of the National Green Tribunal (NGT) on construction of second campus of Institute of Medical Sciences and SUM Hospital at Phulnakhara in Cuttack district.
In its order on Monday, single judge bench of the High Court Justice SK Panigrahi said as an interim measure, the impugned order passed by NGT, Eastern Zone Bench, Kolkata on December 12, 2022 is hereby stayed till the next date.
The bench said since the Ministry of Environment, Forest and Climate Change has already issued the environmental clearance for the project, the NGT’s order on stopping the construction activities on environment ground is unfounded.
Besides, the construction work in dispute is related the boundary of the IMS & SUM Hospital campus. It cannot be termed as construction activity. “The order was passed ex parte without giving an opportunity of hearing to the present petitioner. Even the clarification related to the issue of fencing that does not construe to be construction activities was not shown to the Tribunal by the applicant,” said the High Court bench.
It further said the Kisam of the land, which is claimed to be ‘Nayanjori’, is the roadside water drainage path. It cannot be called ‘Nayanjori’. Moreover, the General Administration department has issued the order for the project after taking into account the Kisam of land and whether construction activities can be taken taken up or not.
The petition, filed by Pratap Chandra Mohanty with the NGT, had submitted that the land which is a water body must be preserved and cannot be converted for any use other than water body in view of the judgment of the Supreme Court.
