National Green Tribunal
Dambarudhar Ramsingh vs State Of Odisha on 2 April, 2026
Item No.15 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
ORIGINAL APPLICATION NO.151/2025/EZ
IN THE MATTER OF:
Sri Dambarudhar Ramsingh
Son of Damdar Ramsingh,
Residing at Village: Pujariput (Banjalaput),
P.O. and P.S. Padwa, District: Koraput,
Odisha-764038
Versus
1. The State of Odisha,
Service through the Chief Secretary,
Having office at Secretariat,
Bhubaneswar-751001
Email: [email protected]
2. The Mining Officer-cum-Competent Authority, Koraput
Having office of the Deputy Director of Mines,
Jeypore Circle, Lane 7A, Lingaraj Nagar,
Jeypore, District: Koraput,
Pin Code-764001, Odisha
Email: [email protected]
3. The Tahasildar,
Having office at Nandapur,
P.S. Nandapur, District Koraput
Pin Code-764001, Odisha
Email: [email protected]
4. The Joint Director Geology
Government of Odisha,
Zonal Survey, Koraput
Pin Code - 764020
Email: [email protected]
5. State Pollution Control Board, Odisha
Service through the Member Secretary,
Having office at Parivesh Bhawan,
A-118, Nilakantha Nagar,
Unit VIII, Bhubaneswar,
Pin Code - 751012, Odisha
Email: [email protected]
6. Ministry of Environment, Forest and Climate Change
Service through the Member Secretary,
Having office at Indira Paryavaran Bhawan,
Jorbagh Road,
1
New Delhi - 110003
Email: [email protected]
7. State Level Environmental Impact Assessment Authority, Odisha
Service through the Chairman,
Service through the Chairman,
Having office at 5RF-2/1, Acharya Vihar, Unit IX,
OPTCL Colony, Anand Bazar, Bhoi Nagar,
Bhubaneswar, Odisha
Pin Code - 751022
Email: [email protected]
Respondents
For the Applicant:
Mr. Chandan Choudhury, Advocate (physically in EZB) and Mr. Panthu Rai,
Advocate (through VC) for the applicant.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
_______________________________________________________________________________
Order reserved on:- 09.01.2026
Order pronounced on:- 02.04.2026
_______________________________________________________________________________
ORDER
1. The applicant has filed the present application under Section 18 (1) read with Section 14 of the National Green Tribunal Act, 2010 seeking following reliefs:-
i) Direct the Mining Officer, Koraput to set aside and/or withdraw and/or quash the said Demand Notice dated 12.11.2024 issued by the Mining officer, Koraput without further delay.
ii) Mandatory injunction may kindly be granted directing the authorities concerned to allow the applicant to run and/or operate the sand mining for the survival.
iii) Direct to declare the Certificate of the "Consent to Operate" has been deemed sanctioned by the concerned authority in the name of the applicant under the provisions of the Water (Prevention and Control of Pollution) Act, 1974.
iv) An order of Stay may be passed by the Hon'ble Tribunal against the operation of the said Demand Notice dated 12.11.2024 issued by the Mining Officer, Koraput till the disposal of the instant application.
v) Ad-Interim Orders as prayed for in prayers (ii) and (iv) hereinabove.
vi) Such other or further order and /or orders, direction and/or directions as this Hon'ble Tribunal may deem fit and proper."2
2. The Applicant has submitted that the Applicant was granted a mining lease over Galganda-Duruba Sand Sairat by the Tahasildar, Nandapur via RMC No. 1/2018-19 for the period of five years valid till 31.03.2023. After approval of the Mining Plan dated 27.04.2018 by the Joint Director Geology, Zonal Survey, Koraput the applicant applied for grant of Environment Clearance before State Level Environment Impact Assessment Authority, Odisha on 30.10.2018. An agreement dated 27.03.2019 was executed between the Tahsildar, Nandapur and the applicant and the applicant deposited the royalty and carried out sand mining till 31.03.2023. The applicant was granted mining lease over Galganda-Duruba Sand Sairat by the Tahasildar, Nandapur via RMC No. 646/2022-23 and RMC No. 836/2023 dated 20.04.2023 for the period of one year valid till 26.03.2024. Agreement dated 21.04.2023 was executed between the applicant and the Tahasildar, Nandapur. The applicant made an online application dated 28.04.2023 with prescribed fees before the State Pollution Control Board, Odisha for grant of "Consent to Establish"
and "Consent to Operate" but the application is still pending for consideration before the concerned authority of the State Pollution Control Board, Odisha. The applicant completed the sand mining at Galganda and Duruba Sand bed as per the said Mining Plan as well as the terms and conditions of the aforesaid agreements. Demand Notice dated 12.11.2024, under Memo No. 2099/Mines, issued by the Mining Officer, Koraput, was served upon the applicant directing him to pay the Environmental Compensation charges amounting to Rs. 41,91,754/-
(Rupees Forty One Lakhs Ninety One Thousand Seven Hundred Forty only) for sand mining at Galganda and Duruba Sand bed under Nandapur Tahasil as assessed by the joint team in terms of the order dated 09.08.2024 passed by this Tribunal in O. A. No. 66 of 2024/EZ 3 (arising out of O.A. No. 20 of 2024/PB) Pooja Phillo and others Vs. Principal Secretary, Directorate of Geology and others for extraction of 25590.3 cum during the period from 27.03.2019 to 26.03.2024 without having Environmental Clearance, Consent to Establish and Consent to Operate. The applicant was not a party in the aforesaid O.A. The applicant enjoyed unconditional deemed Consent to Operate under Section 25 (7) of the Water (Prevention and Control of Pollution) Act, 1974. There is no evidence to support the alleged quantity of 25,590.3 cum of sand extraction. The Mining Officer, Koraput had issued the aforesaid Demand Notice to the applicant without issuing any notice for hearing. The Mining Officer, Koraput also issued reminder dated 12.11.2024. The applicant replied to the aforesaid Demand Notice on 27.02.2025 but the same has not been considered.
3. We have heard submissions made by learned Counsels for the applicant and gone through the relevant material on record.
4. The Demand Notice has been issued on the basis of order dated 09.08.2024 passed in O. A. No. 66 of 2024/EZ (arising out of O.A. No. 20 of 2024/PB) Pooja Phillo and others Vs. Principal Secretary, Directorate of Geology and others. The relevant part of the order reads as under:-
"28. We, therefore, dispose of this Original Application No.66/2024/EZ with a direction to the Chief Secretaries of Andhra Pradesh and Odisha to forthwith take steps for constituting a Committee as provided in the Enforcement and Monitoring Guidelines for Sand Mining 2020 and ensure strict and due compliance of the aforesaid Guidelines to prevent illegal sand mining mechanical or otherwise.
29. The State Respondents shall also take steps forthwith for taking appropriate legal action against illegal miners as well as for computation of Environmental Compensation. Action in this regard shall be taken within two months and action taken report shall be filed by the Member Secretaries of the State Pollution Control Board, Odisha and Andhra Pradesh respectively by 30.11.2024."4
5. Learned Counsels for the applicant have submitted that the applicant was entitled to grant of opportunity of being heard before imposition of environmental compensation which was not excluded by the above said order and the demand notice, which imposed environmental compensation without grant of opportunity to the applicant, being violative of principles of natural justice suffers from illegality.
6. Learned Counsels for the applicant have also relied upon observations in Judgment dated 04.05.2022 passed by this Tribunal in O.A. No,127/2015/EZ- Ramchandra Mardi and Others Vs. West Bengal Pollution Control Board and others which are reproduced as under:-
"11. The Tribunal in its order of 01.07.2020, had again observed that so far as the State of West Bengal is concerned, it is quite apparent from the affidavit filed by the State of West Bengal through the District Magistrate, Birbhum District, on 14.11.2017 that the only action left to be taken in the case was to decide on the quantum of penalty/environmental compensation as observed vide order dated 24.05.2017, since all stone mines and crusher units were non-compliant and had been operating illegally except six.
12.The Tribunal in its order dated 01.07.2020 had further directed a report of assessment of damage and environmental compensation as done in the case of Dumka and Pakur Districts of Jharkhand either by the State machinery or by engaging the services of ICFRE within a period of two months and action taken thereon by the State of West Bengal to be filed.
x x x x
23. We, therefore, direct the State of Jharkhand, particularly the District Magistrates of Dumka and Pakur Districts along with the District Mining Officers of the said districts to examine the ICFRE, Dehradun, Report prepared by the Institute of Forest Productivity (IFP), Ranchi, which is under ICFRE, Dehradun. The above officials of State of Jharkhand in consultation with the Scientists of IFP, Ranchi, shall examine case by case of illegal stone miners in the Districts of Dumka and Pakur and determine the quantum of illegally mined stone on a case to case basis. The State Government shall thereafter proceed to give an opportunity of hearing to each of such violators of environmental norms according to the principles of natural justice and shall thereafter proceed to pass orders in respect of each of the violators for recovery of the Environmental Compensation along with cost of ecological restoration of the areas in question and computation of Net Present Value (NPV) for the loss of ecological/environmental services forgone. The entire exercise is to be completed for each 5 illegal miners in both the Districts of Dumka and Pakur within a period of four months from the date of this order.
24. We further direct the State of Jharkhand to pass fresh orders to each of the miners involved in the illegal stone mining upon due consideration of the above directions within a period of four months.'"
30. In the present case impugned demand notice imposing environmental compensation has been issued by the Mining Officer, Koraput. However, the environmental compensation imposed cannot be said to be penalty under the Mines and Minerals (Development and Regulation) Act, 1957. Consequently, the fact that the above said Act is not included in Schedule I of the National Green Tribunal Act, 2010 is not determinative of the question of jurisdiction of this Tribunal so as to bar taking of cognizance by this Tribunal. Prima facie demand notice imposing environmental compensation issued without grant of opportunity of being heard to the applicant suffers from illegality and the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010 in this regard.
31. Let notices alongwith copies of the original application and documents attached with the same be issued to respondents requiring them to file their replies/responses to the same within two months.
32. List on 06.07.2026 for further hearing.
Arun Kumar Tyagi, JM Ishwar Singh, EM 2nd April, 2026 Original Application No.151/2025/EZ AM 6