Affidavit by the Ministry of Environment, Forest and Climate Change on the conservation of the water body Agula Bandha, Berhampur, Odisha, 20/05/2025
Affidavit by the Ministry of Environment, Forest and Climate Change in the matter of Sisir Kumar Panda Vs Union of India & Others dated 20/05/2025.
The issue pertained to the removal of illegal construction/obstruction caused by the state authorities as well as the private persons in the ecological sensitive zone - Agula Bandha (common water bodies) and its embankment at Gosaninuagaon under Berhampur tahasil, Ganjam district, Odisha.
The NGT wanted to know from MoEFCC whether any notification from the ministry is there for designating Agula Bandha as an eco-sensitive zone or a wetland. The court was informed that Augla Bandha has not been declared as either an eco-sensitive zone or a wetland by the Government of India or the state government.
The NGT, August 3, 2022 had directed the Collector-cum-District Magistrate, Ganjam district to remove a temple constructed over an area of 0.012 acres within one month and restore the land as 'Jalasaya'. The state government was directed to demarcate land of an equivalent size of 11.500 acres including 0.012 acres of the land which will become available after demolition of Maa Mangala temple, as far as possible close to the Agula Bandha waterbody and if not possible, in some other area nearby and re-create a water body of the same size and depth as Agula Bandha.
The NGT took a suo moto cognizance in MA No 37/2022 wherein it was observed that the directions passed vide order dated August 3, 2022 have not been complied with.
The report said that the states and the state wetland authorities (SWA) are entrusted with the powers and responsibility to monitor and conserve wetlands within their jurisdiction. MoEFCC said that the application pertains to the state government of Odisha and its concerned organizations and State Wetlands Authority, Odisha. Thus they are required to take necessary action in the Agula Bandha (common water bodies) and its embankment at Gosaninuagaon under Berhampur tehsil of Ganjam district, Odisha.