National Green Tribunal
Kabiraj Mahapatra vs Union Of India on 22 April, 2025
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.153/2023/EZ
Kabiraj Mahapatra Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 22.04.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s) : None
For Respondent(s) : Ms. Samapika Mishra, Advocate for State (in Virtual Mode),
Mr. Dipanjan Ghosh, Advocate for R-3 (in Virtual Mode),
Mr. Surendra Kumar, Advocate for R-8,
Mr. Pravakar Behera, Advocate for R-10 (in Virtual Mode),
Mr. Gaurav Khanna, Advocate for R-11&12 (in Virtual Mode)
ORDER
1. Case called out. No one is present for the Applicant.
2. Affidavit dated 19.04.2025 has been filed by the Respondent No.4, Collector & District Magistrate, Ganjam; the same is taken on record.
3. Affidavit dated 21.04.2025 has been filed by the Respondent No.10, D.D. Builders Ltd.; the same is taken on record.
4. Ms. Samapika Mishra, learned Counsel appearing (in Virtual Mode) for the State Respondents shall serve e-copy/s of the affidavit of Respondent No.4 upon all the other Counsel for the Respondents as well as Counsel for the Applicant immediately.
(Final order of the said case will be uploaded in NGT website by separate sheets of paper).
..................................... B. Amit Sthalekar, JM .............................................
Dr. Satyagopal Korlapati, EM April 22, 2025, Original Application No.153/2023/EZ OM 1 Item No.06 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.153/2023/EZ IN THE MATTER OF Kabiraj Mahapatra, S/o Narayan Mahapatra, 2, Tarinipalli, Rambha, Poirasi, Ganjam, Odisha - 761019 ..........Applicant(s) Versus
1. Union of India, Ministry of Environment, Forest and Climate Change, Through its Secretary, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110003, India
2. State of Odisha, Through the Chief Secretary, Government of Odisha, General Administration Department, Odisha Secretariat, Bhubaneswar - 751001, Odisha
3. State Pollution Control Board, Through its Member Secretary, Paribesh Bhawan, A/118, Nilakantha Nagar, Unit-VIII, P.O.- Nyalli, Bhubaneswar, District - Khurda, Odisha - 751012
4. Collector and District Magistrate, Office of the Collector and District Magistrate, Ganjam, Chatrapur at PO/PS- Chatrapur, Pin - 761020
5. Central Ground Water Authority, New Delhi, 18/11, Jamnagar House, Man Singh Road, New Delhi - 110011 [Deleted by the order dated 17.10.2023]
6. Regional Director, Central Ground Water Board, South Eastern Region, Bhujal Bhagwan , Kandagiri Chowk, Bhubaneswar - 751030 (Odisha) [Deleted by the order dated 17.10.2023]
7. State Environment Impact Assessment Authority, SRF-2/1, Acharya Vihar, Unit-IX, OPTCL Colony, Anand Bazar, Bhoi Nagar, 2 Bhubaneswar, Odisha - 751022
8. Central Pollution Control Board, Through the Chairman, Parivesh Bhawan, East Arjun Nagar, New Delhi - 110032
9. Regional Directorate, Central Pollution Control Board, Ministry of Environment, Forest and Climate Change, Regional office (EZ), A/3, Chandersekharpur, Bhubaneswar - 751023 [Deleted by the order dated 17.10.2023]
10. D.D. Builder Limited, At/PO- Ladugaon Kalahandi, Orissa, India, Pin - 766024 [Added in terms of the order dated 01.03.2024]
11. ARSS Infrastructure Projects Limited, Plot No.38 Sector-A Zone-D, Mancheswar INDL Estate BBSR Khurda, Orissa, India Pin - 751010 [Added in terms of the order dated 01.03.2024]
12. ARSS Developers Limited, Plot No.38 Sector-A Zone-D, Mancheswar Industrial Estate Bhubaneswar, Orissa, India Pin - 751010 [Added in terms of the order dated 01.03.2024] ...........Respondent(s) Date of hearing: 22.04.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s) : None For Respondent(s) : Ms. Samapika Mishra, Advocate for State (in Virtual Mode), Mr. Dipanjan Ghosh, Advocate for R-3 (in Virtual Mode), Mr. Surendra Kumar, Advocate for R-8, Mr. Pravakar Behera, Advocate for R-10 (in Virtual Mode), Mr. Gaurav Khanna, Advocate for R-11&12 (in Virtual Mode) ORDER
1. The Original Application was filed by the Applicant alleging therein that sand is being illegally lifted in Chikiti Tehsil, District - Ganjam, Siripur area without clearance from the State Environment Impact Assessment Authority (SEIAA), Odisha in spite 3 of protest by the local villagers of Siripur, Pathargudi, Brukhyalata locality under the District - Ganjam, Odisha. The sand is stated to be lifted from the Siripur Sand Quarry over river "Bahuda" by unknown person/persons near Nuapada, RT Circle‟s Siripada Sand Depot in Chikiti Tehsil. The illegal Sand Quarry is being operated in Khata No.115, Plot No.130/830 and Plot No.134/832, R.I. Circle, Nuapada. It is stated that incidents of illegal sand mining was also published in the local Newspaper "Sambad (Berhampur Edition)"
dated 2 12.07.2022, "Navin" dated 25.07.2023, "Nirbhaya Suchana" dated 17.07.2023 regarding illegal lifting of sand from Siripur Sand Quarry over river "Bahuda".
2. It is also alleged that the Sand Quarry is being operated by deploying heavy machineries like „Hitachi Chain‟ machine and „Hiwya‟ over river "Bahuda".
3. At the time of admission, the Tribunal directed the State Respondents to identify all the sand miners in the area in question and submit a Report with regard to the persons involved in illegal sand mining of the sand sairat in question.
4. The Respondent No.3, Odisha State Pollution Control Board has filed affidavit bringing on record an Inspection Report of an inspection of the site carried out on 30.11.2023 which reads as under:-
"JOINT INSPECTION REPORT OF THE COMMITTEE CONSTITUTED BY THE HON'BLE NGT, EASTERN ZONE BENCH, KOLKATA IN COMPLIANCE TO THE ORDER DTD.17.10.2023 IN THE MATTER OA NO.153/2023/EZ- KABIRAJ MAHAPATRA VRS. THE UNION OF INDIA & OTHERS.
The Hon'ble NGT, EZB, Kolkata in their Order dtd. 17.10.2023 has constituted a committee in the matter O.A. No.153/2023/EZ- Titled Kabiraj Mahapatra Vrs. The Union of India & others to visit the site and submit its report with regard to allegations made in the Original Application. The committee comprises of the following members:4
i) Senior Scientist, State Pollution Control Board, Odisha.
ii) Senior Scientist, Central Pollution Control Board.
iii) Senior Scientist, State Environment Impact Assessment Authority (SEIAA), Odisha.
iv) Collector & District Magistrate, Ganjam or his representative Officer not below the rank of Additional District Magistrate (ADM).
Accordingly in compliance to the aforesaid direction of the Hon'ble NGT, the State Pollution Control Board, Odisha, Bhubaneswar vide their letter no. 16894 dtd. 30.10.2023 requested Central Pollution Control Board, Kolkata, Member Secretary, SEIAA, Odisha and the Collector & District Magistrate, Ganjam for nomination of their representatives as per Order of the Hon'ble NGT. The Regional Officer, State Pollution Control Board, Odisha, Berhampur was nominated to represent the Committee on behalf of the SPC, Board, Odisha Cum Nodal Officer vide above referred letter. The Collector & District Magistrate, Ganjam nominated Sri Debabrata Sahoo, ADM, Ganjam as the Committee Member vide letter no.4142 dtd. 04.11.2023. Prior to visit to the alleged site a preparatory meeting was held on 16.11.2023 through VC to ascertain the present position of the sand mining quarries such as EC, Lease status, Consent status etc. During course of discussion, it was decided to provide necessary documents/information by the Committee members of their respective departments (as primary data) prior to conducting of field verification. The proceeding of such meeting has been communicated by the Nodal Officer vide letter memo nos. 3774, 3775, 3776 dtd. 17.11.2023.
Following documents/information were received from respective members:
a) Environmental Clearance: Environmental Clearance was granted by SEIAA, Odisha vide EC Identification No.EC22B001OR155306 dtd. 18.07.2022 in favour of Tahasildar, Chikiti for Siripur Sand Bed over an area of 12.355 Acres or 5.0 Ha having Khata No. 115 over Plot Nos. 130/830, 134/831, 192/832 in village Siripur, Tahasil Chikiti in District Ganjam for mining of Sand @ 12500 Cum in the 1st Year pending submission of Annual Rate of Replenishment Study of the Sand. Subsequently, EC was transferred in favour of Sri Krupasindhu Muduli on dtd. 09.11.2022.
b) Consent Status: Regional Officer, SPC, Board, Berhampur has intimated that Consent to Establish and Consent to Operate have not been granted for the said sand quarry.
c) Lease Status: As per the document submitted by the Tahasildar, Chikiti vide letter no. 6740 dtd. 29.11.2023 the lease agreement is yet to be executed with the successful bidder.
5 Joint inspection of the alleged site of Siripur Sand Quarry (River Bahuda) over Plot no.130/830 & 134/832 (as per Original Application) under Khata No.115 under Tahasil of Chikiti was held on 30.11.2023 to verify allegations made in the Application. During inspection, the following members were present:
a) Sri Debabrata Sahoo, ADM, Ganjam.
b) Sri Sandeep Roy, Scientist-D, CPCB, Kolkata.
c) Dr. Pradeept Kumar Nayak, Environmental Scientist (SEIAA), Odisha.
d) Er. Deepak Kumar Sahoo, RO, SPCB, Berhampur Apart from the constituted committee the following officials were also present:
a) Sri Baladev Behera, Tahasildar, Chikiti.
b) Sri Biplab Kumar Sahoo, AES, SPC Board, Berhampur
c) Sri Biswanath Behera, Revenue Surpervisor, Chikiti Tahasil
d) Sri Debaraj Nayak, Revenue Inspector, RI Circle Nuapada During the inspection the committee members observed the following points:
a) On the day of inspection, there were no mining activities at the alleged site. Any type of mining machinery like: Hyva, JCB, Payloader, Dumpers, Tractors etc. were also not found in and around the alleged mining site.
b) The Revenue Inspector of RI Circle Nuapada was present and identified the Siripur Sand Quarry which is located over Plot Nos.130/830, 134/831, 192/832 under Khata No.115 over an area of 12.355 out of 27.132 Acres.
c) During visit, the committee members also interacted with the local villagers of Siripur. As informed by them there was no mining activity in the alleged Siripur Sand Quarry since last one year (approximate).
d) The water flow of the River Bahuda at Siripur region was found in lean condition. Sand was found to be extracted from the Siripur Sand Quarry considered to be illegal mining as no lease agreement has been executed till now.
e) At the Site, Tahasildar, Chikiti has informed that regular enforcement activity is being conducted in that area to prohibit the illegal sand mining and its transportation.
Under the enforcement activity, they have collected penalty from the vehicles engaged in illegal sand transportation.
f) The committee also observed that another sand quarry namely, Sundarada Birachaitanyapur River Sand Bed, over an area of 12.355 Acres or 5.0 Ha bearing Khata No.223, Plot No. 1059 in Village Sundarada Birachaitanyapur, Tahasil, Chikiti, Dist- Ganjam (Sri Santosh Kumar Behera, Lessee) is located downstream of Siripur Sand Quarry. The lessee has obtained necessary statutory clearance (Mining Plan, EC, Lease Agreement, and CTE & CTO) for operation of this source.
6
g) Environmental Clearance was granted by SEIAA, Odisha vide EC Identification No. EC22B001OR124364 dtd. 30.07.2022 in favour of Tahasildar, Chikiti for Sundarada Birachaitanyapur River Sand Bed over an area of 5.0 Ha having Khata No.223 over Plot No.1059 in village Sundarada Birachaitanyapur, Tahasil Chikiti in District Ganjam for mining of Sand @ 7000 Cum in the 1st Year pending submission of Annual Rate of Replenishment Study of the Sand. Subsequently, EC was transferred in favour of Sri Santosh Kumar Behera on dtd. 19.08.2022.
h) Lease agreement was executed with the lessee Sri Santosh Kumar Behera by the Tahasildar, Chikiti for Sundarada Birachaitanyapur River Sand Bed on 03.09.2022 for the period of 5 years i.e. from August, 2022 to August, 2027.
i) Consent to Establish was issued in favour of Sundarada Birachaitanyapur River Sand Bed vide Board's letter no.2686 dtd. 08.09.2022 & Consent to Operate was issued in favour of Sundara Birachaitanyapur River Sand Bed vide Board's letter no.2688 dtd. 08.09.2022 upto 30.11.2023 for mining of Sand @ 7000 Cum.
j) It is also observed that excess mining might have been carried out from the lease area of Sundarada Birachaitanyapur River Sand Bed as it appears during field verification.
k) The villagers informed the committee members that DD Builders and ARSS Companies along with Sri Santosh Kumar Behera, Lessee of Sundarada Birachaitanyapur River Sand Bed were involved in illegal mining from both Siripur Sand Quarry and Sundarada Birachaitanyapur River Sand Bed.
l) The photographs during the Joint Inspection of the alleged site on dtd. 30.11.2023 are attached with the inspection report.
Conclusion and Recommendation:
a) The 2nd meeting of the Committee was held on 26th Dec 2023 to discuss the various issues aroused during inspection and individual's submission.
b) The committee members observed that some illegal sand mining have been carried out from the alleged site of Siripur Sand Quarry and illegal excess sand mining from Sundarada Birachaitanyapur River Sand Bed lease area located downstream of Siripur Sand Quarry. Hence, in order to arrive at a conclusion on exact quantification of sand illegally extracted from both the sources, the Committee members unanimously decided to seek the help of Experts from Dept. of Steel & Mines for calculation of quantity of sand illegally extracted from both the sources. Accordingly, the Committee members requested RO, SPCB, Berhampur to move to the Deputy Director of Mines, Berhampur, Ganjam with a request to assess the quantity of illegal sand mining at the alleged site of Siripur Sand Quarry and Sundarada Birachaitanyapur River Sand Bed lease area for calculation of environmental compensation with the help of geologist.7
c) Environmental compensation will be calculated based on the report of Deputy Director of Mines, Berhampur, Ganjam.
d) No further illegal sand mining from the alleged site of Siripur Sand Quarry and from Sundarada Birachaitanyapur River Sand Bed shall be allowed. Tahasildar, Chikiti, Ganjam and Deputy Director of Mines, Berhampur, Ganjam shall ensure this by regular enforcement and surveillance.
e) Final report will be submitted by the committee after quantification of sand illegally extracted along with compensation amount as necessary compliance."
5. A perusal of the Inspection Report would show that on the day of inspection, there was no mining activity at the site nor any type of machinery like: Hyva, JCB, Payloader, Dumpers, Tractors etc. were found at the alleged mining site. It is mentioned that the Siripur Sand Quarry located over Plot Nos. 130/830, 134/831, 192/832 under Khata No.115 is spread over an area of 12.355 out of 27.132 Acres of land. The Committee also observed that another sand quarry namely, Sundarada Birachaitanyapur River Sand Bed over an area of 12.355 Acres or 5.0 Ha bearing Khata No. 223, Plot No. 1059 in village Sundarada Birachaitanyapur, Tahasil- Chikiti, Dist- Ganjam is located downstream of Siripur Sand Quarry and (Sri Santosh Kumar Behera, Lessee) has obtained a necessary statutory clearance (Mining Plan, EC, Lease Agreement, and CTE & CTO) for operation of this sand source.
6. It is stated that Environmental Clearance was granted by SEIAA, Odisha initially in favour of the Tahasildar, Chikiti on 30.07.2022 for the Sundarada Birachaitanyapur River Sand Bed, Dist- Ganjam for mining of sand @ 7000 Cum in the 1st Year pending submission of Annual Rate of Replenishment Study of the Sand; subsequently, EC was transferred in favour of Sri Santosh Kumar Behera on 19.08.2022 and lease agreement was also executed with the lessee Sri Santosh Kumar Behera by the Tahasildar, Chikiti for Sundarada Birachaitanyapur River Sand Bed on 03.09.2022 for a 8 period of 5 years i.e. from August, 2022 to August, 2027; Consent to Establish was issued in favour of the said sand source by the Odisha State Pollution Control Board on 08.09.2022 valid upto 30.11.2023. The Committee Report further mentions that from discussion with the villagers, the Committee members were informed that DD Builders (Respondent No.10 herein) and ARSS Companies, (Respondent Nos.11 and 12 herein) along with Sri Santosh Kumar Behera, Lessee of Sundarada Birachaitanyapur River Sand Bed were involved in illegal mining from both Siripur Sand Quarry and Sundarada Birachaitanyapur River Sand Bed.
7. The Respondent No.4, Collector & District Magistrate, Ganjam has filed affidavit dated 12.01.2024 and with this affidavit the same Inspection Report referred to earlier has been filed.
8. Another affidavit also dated 12.01.2024 has been filed by the Collector & District Magistrate, Ganjam reiterating the contents of the Inspection Report already on record and in addition, it is stated that mining lease is identified in Mouza - Siripur as Sand Sairat Source in the District Survey Report (DSR) dated 25.07.2018 issued by the Ministry of Environment, Forest and Climate Change Department („MoEF&CC‟ for short), Government of India and approved by the District Environment Impact Assessment Authority (DEIAA), Ganjam on 21.12.2019 and mining Plan for the same has also been prepared and approved by the Deputy Director of Geology on 20.07.2020.
9. So far as the Siripur Sand Sairat Source is concerned, it is categorically stated that Lease Deed Agreement has not been executed in favour of the Siripur Sand Bed and the same has not been operationalized till date.
9
10. It is further stated that the villagers of Siripur under Nuapada R.I. Circle had made a representation to the Collector, Ganjam referring to the advertisement dated 30.06.2022 vide letter No.3161 pertaining to the area of Bahuda river pertaining to K.No.115, Plot Nos.130/830, 134/831 and 192/832 being leased out for sand quarry; it was alleged that in case the lease is granted, the same would cause damage to the river bed, the Gochar land and the village Basti and therefore it was prayed that lease of the Quarry be stopped; some social activists also represented to the Collector, Ganjam alleging that one D.D. Builder has been illegally lifting sand from the river connected to their village; it is stated that earlier the sand sairat lease was granted in favour of one Krupa Sindhu Muduli and on completion of the period of lease, the State Government invited tender for the sand quarry. One Swapna Behera was selected for the lease as per advertisement dated 13.04.2021 being the highest bidder but due to non-compliance of the requirements of the lease, the lease was not confirmed and there is no operation of the sand quarry since 2021.
11. Further affidavit has been filed by the Collector, Ganjam dated 18.04.2024 stating that quantum of illegal sand mining has been calculated by the geologist who submitted his report vide letter No. XI-02/2022/209/SZ dated 16.02.2024 which reads as under:-
"REPORT ON FIELD VISIT OF SIRIPUR RIVER SAND BED AND SUNDARADA BIRACHAITANYAPUR RIVER SAND BED UNDER CHIKITI TAHASIL OF GANJAM DISTRICT As per letter no-192/SZ, Berhampur dated 09.02.2024 of Joint Director Geology, SZ, Berhampur the joint field visit has been conducted on 16.02.2024 for calculating the quantity of sand extracted from the alleged site of Siripur Sand Quarry and Sundarada Birachaitanyapur Sand Quarry area.10
The following members were present during the field visit:-
1. Additional District Magistrate (revenue), Ganjam
2. Tahasildar, Chikiti
3. Dr Pradeept Kumar Nayak, Environmental Scientist (SEIAA), Odisha, Bhubaneswar
4. Representative of RO SPCB, Odisha, Berhampur division
5. Mining Officer Ganjam Circle, Berhampur
6. Sourava Pradhan, Geologist Representative of JDG, SZ, Berhampur The concerned RIs were present during the field visit and identified the sources as per the revenue map. Volumetric method is used for the calculation of extracted quantity of sand with the help of hand-
held GPS (Garmin GPSmap 60CSx) and measuring tape and with the help of Google Earth software.
As the river sand bed are replenished every year after the monsoon hence the extracted quantity of sand before the monsoon cannot be measured.
Quantity of sand extracted from Siripur Sand Quarry:
Area of extracted sand (in M2) = 4585 Average depth of sand bed (in M) = 0.6 Volume of sand extracted (in M3) = 2751 (Area x average depth of sand bed) Quantity of sand extracted from Sundarada Birachaitanyapur Sand Quarry:
Area of extracted sand (in M2) = 3961 Average depth of sand bed (in M) = 0.8 Volume of sand extracted (in M3) = 3167 (Area x average depth of sand bed)"
12. It is further stated that letter dated 16.03.2024 has been issued to M/s D.D. Builders Ltd., (Respondent No.10 herein) alleging his involvement in illegal lifting of Sand from the Siripur Sand Bed 11 calculated to a tune of 2751 Cum and for depositing penalty and Royalty for the same.
13. The Respondent No.7, State Environment Impact Assessment Authority (SEIAA), Odisha has filed affidavit dated 16.03.2024 and it is reiterated that Environmental Clearance (EC) dated 18.07.2022 was granted in favour of Tahasildar, Chikiti for the Siripur Sand Bed over an area of 12.355 Acres or 5.0 Ha for Khata No. 115 over Plot Nos. 130/830, 134/831 and 192/832 in village Siripur, Tahasil- Chikiti in District- Ganjam for mining of Sand @ 12500 Cum in the 1st Year pending submission of Annual Rate of Replenishment Study of the Sand. It is reiterated that the EC was thereafter transferred in favour of Sri Krupasindhu Muduli on 09.11.2022 but the State Pollution Control Board, Berhampur has informed that Consent to Establish and Consent to Operate in respect of the Sand Sairat site in question has not been granted for the Siripur Sand Quarry.
14. It is further stated that the Tahasildar, Chikiti vide his letter dated 29.11.2023 has informed that lease agreement for the Siripur Sand Source is yet to be executed.
15. The findings of the Inspection Report have been reiterated and it is stated that though no mining activity has been observed in the alleged Siripur Sand Quarry over the last about one year as stated by the local villagers of Siripur, but prior to that, mining in the said sand source was done by DD Builder and ARSS Infrastructure, (Respondent Nos.10, 11 and 12 herein) and as informed by the Tahasildar, penalty amount was also recovered from the Respondent Nos.10, 11 and 12. It is stated that mining occurred on about 15000 square meter area inside the Siripur sand bed and 12 20000 square meter area outside the Siripur sand bed and close to the Siripur sand quarry.
16. It is also reiterated that Sundarada Birachaitanyapur Sand Quarry over an area of 12.355 Acres or 5.0 Ha bearing Khata No. 223, Plot No. 1059 in village Sundarada Birachaitanyapur, Tahasil- Chikiti, Dist- Ganjam was settled in favour of Sri Santosh Kumar Behera, Lessee who has also obtained (Mining Plan, EC, Lease Agreement, and CTE & CTO) for the said sand source for mining of Sand @ 7000 Cum in the 1st Year pending submission of Annual Rate of Replenishment Study of the Sand; subsequently, the EC was transferred in favour of Sri Santosh Kumar Behera on 19.08.2022.
Along with the affidavit photographs have been filed to show the area over which sand has been mined in this Siripur Sand Quarry as well as Sudarada Birachaitanyapur Sand Quarry.
17. Along with the affidavit of SEIAA, Odisha, a Joint Inspection Report of an inspection carried out on 30.11.2023 has been filed which has already been extracted hereinabove.
18. The Respondent No.3, State Pollution Control Board, Odisha has filed supplementary affidavit dated 29.04.2024 again bringing on record the Joint Committee Report of an inspection carried out on 16.02.2024 which reads as under:-
"REPORT OF THE COMMITTEE CONSTITUTED BY THE HON'BLE NGT, EASTERN ZONE BENCH, KOLKATA IN COMPLIANCE TO THE ORDER DTD.17.10.2023 IN THE MATTER OA NO.153/2023/EZ- KABIRAJ MAHAPATRA VRS. THE UNION OF INDIA & OTHERS.
The Hon'ble NGT, EZB, Kolkata in their Order dtd. 17.10.2023 has constituted a committee in the matter O.A. No.153/2023/EZ- Titled Kabiraj Mahapatra Vrs. The Union of India & others to visit the site and submit its report with regard to allegations made in the Original Application. The committee comprises of the following members:
i) Senior Scientist, State Pollution Control Board, Odisha.
ii) Senior Scientist, Central Pollution Control Board. 13
iii) Senior Scientist, State Environment Impact Assessment Authority (SEIAA), Odisha.
iv) Collector & District Magistrate, Ganjam or his representative Officer not below the rank of Additional District Magistrate (ADM).
Joint inspection of the alleged site of Siripur Sand Quarry (River Bahuda) over Plot No.130/830 & 134/832 (as per Original Application) under Khata No.115 under Tahasil of Chikiti was held on 30.11.2023 to verify allegations made in the Application. Detail report along with observations were submitted to the Legal Consultant/Senior Law Officer (L-II), State Pollution Control Board, Odisha vide this letter no. 87 dtd. 05.01.2024 with memo to all the members of the committee. As per recommendation of the committee, the Regional Officer, State Pollution Control Board, Berhampur has requested the Deputy Director of Mines, Berhampur vide letter no.4487 dtd. 30.12.2023 to calculate quantity of sand illegally extracted from the alleged site of Siripur Sand Quarry and from Sundarada Birachaitanyapur Sand Quarry with the help of Geologist. The Joint Director, Geology vide letter memo no. 194 dtd. 09.02.2024 intimated that field enquiry will be held on 16.02.2024 for calculating the quantity of sand illegally extracted from the alleged site of Siripur Sand Quarry and from Sundara Birachaitanyapur Sand Quarry. The Regional Officer vide letter no.690 dtd. 13.02.2024 has requested the committee members along with memo to the applicant, Sri Kabiraj Mohapatra, Sri Santosh Kumar Behera, Lessee of Sundarada Birachaitanyapur Sand Quarry & Tahasildar, Chikiti to remain present at the alleged site on 16.02.2024 during quantity estimation of illegally sand mined out from the alleged site of Siripur Sand Quarry and from Sundarada Birachaitanyapur Sand Quarry.
Joint field visit was held on 16.02.2024 for calculating the quantity of sand illegally extracted from the alleged site of Siripur Sand Quarry and from Sundarada Birachaitanyapur Sand Quarry. The following members were present during the field visit:
a) Sri Debabrata Sahoo, Additional District Magistrate (Revenue), Ganjam.
b) Dr. Pradeept Kumar Nayak, Environmental Scientist (SEIAA), Odisha.
c) Sri Biplab Kumar Sahoo, AES, SPC, Board, Berhampur
d) Sri Kirti Ranjan Seth, Mining Officer, Ganjam Circle, Berhampur.
e) Sri Sourav Pradhan, Geologist, Representative of JDG, SZ, Berhampur.
f) Sri Baladev Behera, Tahasildar, Chikiti.
g) Sri Debaraj Nayak, Revenue Inspector, RI Circle Nuapada.
h) Sri Sandeep Roy, Scientist-D, CPCB, Kolkata has coordinated with the committee members virtually during field visit.14
The Deputy Director, Geology vide letter memo no.210 dtd. 16.02.2024 has submitted field visit report . A meeting was held on 09.04.2024 by the committee members to decide environmental compensation based on the field visit report submitted by the Joint Director, Geology. In addition to the committee members Sri Kirti Ranjan Seth, Mining Officer, Ganjam Circle, Berhampur, Sri Baladev Behera, Tahasildar, Chikiti & Sri Biplab Kumar Sahoom, AES, SPC, Berhampur were also present. The Tahasildar, Chikiti has submitted that quantity of sand legally extracted from Sundarada Birachaitanyapur Sand Quarry by the lessee, Sri Santosh Kumar Behera for the year 2022-23 is 3600 cum and for the year 2023-24 is 1350 cum. The Additional District Magistrate, (Revenue), Ganjam has submitted the market value of sand decided by the District Administration, Ganjam. The District Administration, Ganjam has fixed the market value of sand i.e. Rs.454/- per cubic meter for illegal mining based on the Govt. of Odisha Notification No.5157/R & DM dated 17.02.2022 and the amount has taken as a market value for calculation of environmental compensation.
Calculation of Environmental Compensation:
a) Siripur Sand Quarry:
i) Environmental Clearance: Environmental
Clearance was granted by SEIAA, Odisha vide EC Identification No. EC22B001OR15536 dtd. 18.07.2022 in favour of Tahalsildar, Chikiti for Siripur Sand Bed over an area of 12.355 Acres or 5.0 Ha having Khata No.115 over Plot Nos.130/830, 134/831, 192/832 in village Siripur, Tahasil Chikiti in District Ganjam for mining of Sand @ 12500 Cum in the 1st Year pending submission of Annual Rate of Replenishment Study of 15 the Sand. Subsequently, EC was transferred in favour of Sri Krupasindhu Muduli on dtd. 09.11.2022.
j) Lease status: As per the document submitted by the Tahasildar, Chikiti vide letter no.6740 dtd. 29.11.2023 to the ADM, Ganjam, Chatrapur the lease agreement is yet to be executed with the successful bidder. Permission for operation of this quarry was not allowed by the lease granting authority.
k) Consent Status: Regional Officer, SPC, Board, Berhampur has intimated that Consent to Establish and Consent to Operate have not been granted for the said sand quarry.
l) As per report submitted by the Deputy Director Geology, South Zone, Berhampur the concerned R.I.s were present during field visit and identified the sources as per the revenue map. Volumetric method is used for calculation of extracted quantity of sand with the help of hand held GPS (Gramin GPS Map 60CSx) and measuring tape and with the help of Google Earth software. It was also mentioned that as the river sand bed are replenished every year after the monsoon, hence the extracted quantity of sand before the monsoon cannot be measured. Volume of sand extracted from Siripur Sand Quarry is 2751 cum considering area of extracted sand 4585 Square meter and average depth of sand bed 0.6 meter.
m) Calculation for environmental compensation of Siripur River Sand Quarry as per CPCB guidelines:
Market value of sand material of Siripur River Sand Quarry= Rs. 454/-
Market value of illegally mined out sand material (D) = 2751 Cum* Rs.454/- = Rs. 12,48,954/-16
Market Value of Illegally 2751 cum x = Rs.12,48,954/-
mined out material (D) Rs. 454/- per
cum
Annual value of Foregone Rs.12,48,954/- x = Rs.12,48,954/-
Ecological Values (D x RF) i.e. 1
Risk factor taken as 1 for
severe case.
Discount Rate may be considered as below:
Severity Mild Moderate Significant Severe Risk Level 1 2 3 4 Risk Factor 0.25 0.50 0.75 1.0 Discount Rate 8% 7% 6% 5% o Present value of Foregone Ecological values (@ 5% discount rate and over 5 years) PV = 5 t=1 (D*RF)/(1+r)t = 1248954/(1+0.05)1 + 1248954/(1+0.05)2 + 1248954/(1+0.05)3 + 1248954/(1+0.05)4 + 1248954/(1+0.05)5 =Rs.11,89,480/-+ Rs.11,32,838/-+ Rs.10,78,893/-+ Rs.10,27,518/-+ Rs.09,78,588/-
=Rs.54,07,317/-
o Net present value (after netting out market value of illegally/un-authorized mined out material) - i.e., Total Compensation to be levied = NPV = PV-D = Rs. 54,07,317/- - Rs.12,48,954/- = Rs.41,58,363/- Environmental Compensation Charge in above case for extraction sand : Rs.41,58,363/-
17 Penalty amount to be collected- Quantity of material extracted x Rs. 454/- (market value)= Rs. 12,48,954/- (i.e. Loss of Govt. Revenue due to illegal mining)
b) Sundarada Birachaitanyapur Sand Quarry:
c) Environmental Clearance was granted by SEIAA, Odisha vide EC Identification No. EC22B001OR12434 dtd.30.07.2022 in favour of Tahasildar, Chikiti for Sundarada Birachaitanyapur Sand Quarry over an area of 5.0 Ha having Khata No. 223 over Plot No. 1059 in village Sundarada Birachaitanyapur, Tahasil Chikiti in District Ganjam for mining of Sand @ 7000 Cum in the 1st Year pending submission of Annual Rate of Replenishment Study of the Sand. Subsequently, EC was transferred in favour of Sri Santosh Kumar Behera on dtd. 19.08.2022.
d) Lease agreement was executed with the lessee Sri Santosh Kumar Behera by the Tahasildar, Chikiti for Sundarada Birachaitanyapur Sand Quarry on 03.09.2022 for the period of 5 years i.e. from August, 2022 to August, 2027.
e) Consent to Establish was issued in favour of Sundarada Birachaitanyapur Sand Quarry vide Board's letter no. 2686 dtd. 08.09.2022 & Consent to Operate was issued in favour of Sundarada Birachaitanyapur Sand Quarry vide Board's letter no. 2688 dtd. 08.09.2022 upto 30.11.2023 for mining of Sand @ 7000 Cum.
f) The Tahasildar, Chikiti has submitted that total quantity of sand legally extracted from Sundarada Birachaitanyapur Sand Quarry by the lessee, Sri Santosh Kumar Behera is 4950 i.e. for the year 2022-23 is 3600 cum and for the year 2023-24 is 1350 cum.
g) As per report submitted by the Deputy Director Geology, South Zone, Berhampur the concerned R.I.s were present 18 during field visit and identified the sources as per the revenue map. Volumetric method is used for calculation of extracted quantity of sand with the help of hand held GPS (Gramin GPS Map 60CSx) and measuring tape and with the help of Google Earth software. It was also mentioned that as the river sand bed are replenished every year after the monsoon, hence the extracted quantity of sand before the monsoon cannot be measured. Volume of sand extracted from Sundarada Birachaitanyapur Sand Quarry is 3167 cum considering area of extracted sand 3961 Square meter and average depth of sand bed 0.8 meter.
Conclusion and recommendation:
a) The committee members present during field visit on 16.02.2024 also observed that few patches of Sundarada Birachaitanyapur Sand Quarry and Siripur Sand Quarry were water logged therefore quantity of sand mined out from those areas were not calculated by the Mining Officer and Geologist.
b) Environmental Compensation Charge for illegal mining at Siripur Sand Quarry is calculated as Rs.41,58,363/- considering volume of sand illegally extracted is 2751cubic meter and Market value of sand material @ Rs.454/-.
c) Penalty amount to be collected in case of Siripur Sand Quarry = Quantity of material extracted x Rs. 454/- (market value) = Rs. 12,48,954/- (i.e. Loss of Govt. Revenue due to illegal mining).
d) The competent Authority as per provision of Odisha Minor Mineral Concession Rules shall recover the above calculated environmental compensation and penalty amount from the persons/companies involved in illegal mining as identified by the Tahasildar, Chikiti 19 during enforcement as Annexure-A of letter no.6740 dtd. 29.11.2023.
e) Plantation shall be carried out along the river bed at the alleged site to prevent soil erosion. Stone pitching shall also be carried out in the river embankment for its protection.
f) No further illegal sand mining from the alleged site of Siripur Sand Quarry and from Sundarada Birachaitanyapur Sand Quarry shall be allowed. Deputy Director of Mines, Berhampur, Ganjam & Tahasildar, Chikiti, Ganjam shall ensure this by regular enforcement and surveillance as per provision of Odisha Minor Mineral Concession Rules.
g) Mining from Sundarada Birachaitanyapur Sand Quarry shall only be allowed after submission of study report of Annual Replenishment rate of Sand to the SEIAA, Odisha, after obtaining valid Environmental Clearance, valid Consent to Operate from SPCB, Odisha and other clearances as applicable for sand mining."
19. The Inspection Report would show that the volume of sand stated to be illegally extracted from the Siripur Sand Quarry has been computed at 2751 cum and Environmental Compensation of Rs. 41,58,363/- (Rupees Forty One Lakh Fifty Eight Thousand Three Hundred and Sixty Three Only) has been computed. Penalty amount has also been determined at Rs. 12,48,954/- (Rupees Twelve Lakh Forty Eight Thousand Nine Hundred and Fifty Four Only).
20. So far as the Sundarada Birachaitanyapur Sand Quarry of Lessee Santosh Kumar Behera is concerned, the report mentions that the 20 Tahasildar, Chikiti has informed that the total quantity of sand legally extracted from Sundarada Birachaitanyapur Sand Quarry by Santosh Kumar Behera is 4950 cum i.e. for the year 2022-23 is 3600 cum and for the year 2023-24 is 1350 cum.
21. The Collector & District Magistrate, Ganjam has filed further affidavit dated 23.07.2024 and it is stated that as per the Geologist illegal sand mining against the Respondent No.10, D.D. Builders Limited has been calculated at 2751 Cum and Royalty, Penalty, Additional Charges and others in accordance with the Odisha Minor Mineral Concession (OMMC) Rule, 2023 for the illegally extracted 2751 Cum of sand is Rs. 9,70,696/- (Rupees Nine lakh seventy thousand six hundred and ninety six only). It is stated that three notices have been issued by the Tahasildar, Chikiti to the Respondent Nos.10, 11 and 12 respectively on 26.06.2024 to deposit the said amount.
22. SEIAA, Odisha has filed further affidavit dated 23.07.2024 and it is stated that during site visit on 31.11.2023, it was observed that sand was not extracted from the Sundarada Birachaitanyapur Sand Quarry area for which EC was granted but sand was extracted from the nearby area. It is stated that EC was granted by SEIAA, Odisha for Sundarada Birachaitanyapur Sand Quarry to Santosh Kumar Behera for extraction of 7000 cum of sand in the 1st year subject to replenishment study of sand being submitted by the project proponent (PP) by November, 2023 but no such replenishment study has been submitted to SEIAA, Odissa by the project proponent which shows non-compliance of EC conditions.
23. The Respondent No.11, ARSS Infrastructure Projects Ltd. has filed counter-affidavit and it is stated that notices issued by the Tahasildar, Chikiti has also referred to the "Details of Fine such as 21 Royalty, Penalty, etc. during the Enforcement Activities of Minor Mineral Collected and Deposited relating OA Case No.153/2023-EZ before the Hon'ble NGT, Kolkata for the Year 2022-23." During enforcement activities all minor mineral collected and deposited relating to OA 153/2023/EZ only mentions the name of Respondent No.10, D.D. Builders and the name of Respondent Nos.11 and 12 is not mentioned therein.
24. The Respondent No.11 has further stated that the notices issued by the Tahasildar, Chikiti dated 26.06.2024 was addressed to M/s D.D. Builders Ltd. but the same has been mechanically reproduced for Respondent Nos.11 and 12 also and the same amount of Rs. 9,70,696/- (Rupees Nine lakh seventy thousand six hundred and ninety six only) has been issued to Respondent Nos.11 and 12.
25. The Respondent No.12, ARSS Developers Limited has also filed affidavit dated 29.11.2024 to the same effect reiterating the contents of the affidavit filed by the Respondent No.11.
26. The Collector & District Magistrate, Ganjam has filed affidavit dated 30.01.2025 stating that the Respondent No.10, M/s D.D. Builders Ltd., Plot No. 33-F, BJB Nagar, First Floor, Bhubaneswar, has failed to deposit the penalty amount of Rs. 9,70,696/- (Rupees Nine Lakh Seventy Thousand Six Hundred Ninety Six) in spite of several reminders being issued to him towards illegal extraction of sand from the Siripur Sand Bed under Chikiti Tahasil of Ganjam District and fresh Orissa Public Demands Recovery (OPDR) case has been filed by the Tahasildar, Chikiti in the court of Sub-Collector-cum- Special Certificate Officer, Berhampur being OPDR Case No.03/2024.
27. It is further stated that the demand notice issued in favour of Respondent Nos.11 and 12, M/S. ARSS Infrastructure Project 22 Limited and M/S. ARSS Developers Limited respectively, both dated 26.06.2024 has since been revoked by the Tahasildar, Chikiti vide his letter dated 28.11.2024. We have seen the copy of the letter dated 28.11.2024 which has been filed as Annexure - G/4 (at page no.457 of the paperbook) which is a letter of revocation of demand notice dated 26.06.2024 issued to the Respondent Nos.11 and 12 respectively.
28. Further affidavit dated 19.04.2025 has been filed by the Collector & District Magistrate, Ganjam stating that in the proceedings before the Sub-Collector-cum-Certificate Officer, Berhampur, the Respondent No.10 herein has put in appearance on 11.02.2025 denying his liability and the case has been fixed before the Sub- Collector-cum-Special Certificate Officer, Berhampur for 02.05.2025.
29. Be that as it may, on a conspectus on the facts on record and the submissions of the learned Counsel for the parties, we find that allegation of illegal extraction of sand has been made against the Respondent No.10, D.D. Builders Limited and an amount of Rs. 9,70,696/- (Rupees Nine Lakh Seventy Thousand Six Hundred and Ninety Six only) has been imposed and on the failure of the Respondent No.10 to deposit the same, case No.03/2024 (OPDR) has also been initiated against him.
30. So far as the Respondent Nos.11 and 12 are concerned, we find that the demand notices issued in their favour on 26.06.2024 have since been revoked by the Tahasildar, Chikiti by his subsequent letter dated 28.11.2024.
31. In this view of the matter, nothing further remains for adjudication in the present case.
23
32. The Original Application No. 153 of 2023/EZ is disposed of with following directions:
(i) The respondents to ensure that the remediation measures of the sand sairat site are implemented.
(ii) The State Environment Impact Assessment Authority (SEIAA), Odisha shall also ensure strict compliance of the EC conditions.
(iii) The Director of Mines and Geology Department is directed to recover the penalty amount imposed on the miners responsible for illegal mining.
(iv) Pollution Control Board is also directed to recover the Environmental Compensation already determined as referred supra from the concerned parties.
33. I.As., if any, stand disposed of accordingly.
34. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Satyagopal Korlapati, EM April 22, 2025, Original Application No.153/2023/EZ OM 24