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Regular-article-logo Wednesday, 07 May 2025

Order to resolve river water issue

Steering away from a dispute over drawing of water from the Baitarani by Essar Steels, Orissa High Court has asked the state government to give a decision on the grievance petition related to it that had been submitted to the water resources department secretary more than two years ago.

LALMOHAN PATNAIK Published 11.07.18, 12:00 AM
Orissa High Court. Telegraph picture

Cuttack: Steering away from a dispute over drawing of water from the Baitarani by Essar Steels, Orissa High Court has asked the state government to give a decision on the grievance petition related to it that had been submitted to the water resources department secretary more than two years ago.

The court has issued the direction on a PIL for setting up an expert committee to assess the "water stress" in the river caused because of unchecked drawing of water by Essar Steels for its 10.7 metric tonnes per annum (MTA) capacity iron ore benefaction plant at Dubuna village in Keonjhar district.

Sashee Bhoosan Pattnayak, 53, of Keonjhar town and six others filed the petition, citing inaction on a representation submitted to the department secretary by the affected Patuakudar villagers on March 23, 2016.

According to the court order, the grievance of the petitioner was that Essar Steel India Private Limited was lifting water from the river even though the agreement executed in its favour expired in 2015. It was also contended that the company was lifting more water than which was allowed by the said agreement that had expired.

While disposing of the petition, the division bench of Chief Justice Vineet Saran and Justice B.R. Sarangi directed the department secretary to consider and decide on the representation submitted to him on March 23, 2016.

"The said decision may be taken by giving a reasoned and speaking order as expeditiously as possible preferably within three months", the bench said in its July 3 order.

The court expected the secretary to consider the representation and take the decision himself or any other competent officer duly authorised by him after giving opportunity of hearing to the petitioner and the company.

The dispute raised by the representation centres round the contention that drawing water by the company was illegal as no gram sabha was conducted for it in the Basantpur and Patuakuda villages on both sides of the Baitarani river which were being affected by it.

This violated the provisions of Panchayat (Extension to the Scheduled Areas) Act, 1996, which made it mandatory for the state authorities to conduct gram sabhas before entering agreement for supply of river water for industrial or commercial purpose.

While the beneficiation plant is located at Dubuna village, the water required for the plant and slurry pipeline is being drawn from the Baitarani river through a 9-km-long pipeline.

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