National Green Tribunal
Pinak Ranjan Das vs District Collector on 6 January, 2022
Item No. 04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 48/2020/EZ
In the matter of:
Pinak Ranjan Das,
S/o Guru PrasadDas,
Aged about 71 years,
R/o At/Po-Masudpur, P.S.-Panikoili,
District-Jajpur, Odisha,
Pin - 755043,
...Applicant(s)
Versus
1. District Collector, Jajpur,
At/Po-Jajpur, Pin - 755001,
2. The Tehsildar, Vyasnagar,
At/Po-Vyasnagar, District-Jajpur,
Pin - 755008,
3. Member Secretary,
State Environment Impact Assessment Authority, Odisha,
QR No.-5RF-2/1, Unit IX, Bhubaneswar, Odisha,
Pin - 751022,
4. Managing Director, Dillip Buildcon Ltd.,
Site Office at Neulapur, Haridaspur,
Chandikhole, Jajpur, Odisha,
Corporate Office at:
Plot No. 5, Inside Govind Narayan Singh Gate,
Kolar Road, Janki Nagar, Chuna Bhatti,
Bhopal, Madhya Pradesh, India,
Pin - 462016,
5. Member Secretary,
Odisha State Pollution Control Board,
Unit-VIII, Nilakanthanagar, Bhubaneswar,
Pin - 751016,
6. Deputy Director of Mines, Jajpur,
At/Po-Jajpur Road, District-Jajpur,
Pin - 755001,
7. Superintendent of Police, Jajpur,
At/Po-Panikoili, District-Jajpur,
Pin - 755001,
8. State of Odisha,
Through Chief Secretary,
Lok Seva Bhawan, Sachivalaya Marg,
At: Bhubaneswar, District-Khurda, Odisha,
Pin - 751001,
1
...Respondent(s)
Date of hearing: 06.01.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate
For Respondent(s) : Mr. S. K. Nayak, AGA for R-1, 2, 6 to 8,
Mr. Gora Chand Roy Choudhury, Advocate for R-3,
Mr. Dipanjan Ghosh, Advocate for R-5,
Mr. Balendu Shekhar, Advocate for R-4,
ORDER
1. Heard the learned Counsel for the parties.
2. This Original Application has been filed by the Applicant with the allegation that certain persons/mafias are carrying on illegal sand mining in Kharasrota river in Masudpur Mouza and selling the same to the Respondent No.4, Dillip Buildcon Ltd. It is stated that due to transportation of the illegally mined sand through the village road has caused damage to the embankment of the river, the bridge and loss of revenue. Ecology of the area is stated to have been damaged and flow of the Kharasrota river is being disturbed causing threat to the river embankment. Indiscriminate sand mining both in the designated places and other places in the river has already threatened the riverfront, caused soil erosion and changed the course of river flow. It is further stated that the present on-going illegal sand mining in Kharasrota riverbed in Vyasnagar Tehsil has caused serious environmental degradation and ecological impact, and no Environment Impact Assessment has ever taken place in areas earmarked for mining especially on the riverbeds. Further, it is contented that over the years, the river and riparian ecology have been adversely affected by the alarming rate of unrestricted sand mining which cause damage to the ecosystem of rivers, weakening of river bank, destruction of natural habitats of 2 organisms living in the river beds, affects fish breeding and migration and disastrous subsistence of many birds species, etc.
3. This Tribunal vide its order dated 10.07.2020 constituted a Committee comprising of the following Members and directed the Committee to jointly inspect the area in question, verify the factual allegations set out by the Applicant in the Original Application and submit a report:-
(i) The District Collector, Jajpur, Odisha;
(ii) The Deputy Director of Mines, Jajpur, Odisha; and
(iii) The Odisha State Pollution Control Board,
4. The Committee has submitted its Report with respect to an inspection which was carried out on 13.08.2020, copy filed as Annexure R-5/1 to the affidavit dated 31.08.2020 filed by the Respondent No.5, Odisha State Pollution Control Board. The Committee Report reads as under:-
OBSERVATION MADE DURING JOINT VISIT CONDUCTED ON 13.08.2020 IN PURSUANT TO THE ORDER OF HON'BLE NGT, PRINCIPAL BENCH, NEW DELHI IN O.A. 48/2020/EZ The Hon'ble NGT, Principal Bench, New Delhi vide their order dated 10.07.2020 passed in the matter of O.A. No. 48/2020/EZ have constituted a Committee comprising of (i) the District Collector, Jajpur, (ii) the Deputy Director of Mines, Jajpur, Odisha, and (iii) the Odisha State Pollution Control Board (State PCB) and directed the Committee to conduct a joint inspection and verify the factuall aspects set out by the Applicant in the application and submit a report before the net date of hearing. In pursuant to the above order, a joint visit was conducted on 13.08.2020 as per schedule fixed by the nodal agency i.e., State PCB. Following Officers were present during joint visit.
1. Sri P.K. Behera, Regional Officer, SPCB, Kalinganagar (Representative of State PCB)
2. Sri N C Dhal, Sub-Collector, Jajpur (Representative of District Collector, Jajpur) 3
3. Sri B.K. Sahu, Asst. Mining Officer (I/C DDM) (Representative of DDM, Jajpur, Odisha).
Followings were observed during the visit with respect to allegation made by the applicant in O.A. No. 48/2020/EZ Sl. Summary of allegations made Observation No. in the application
i) Villagers affected by the impact 1. Kharasrota River of about 5 Km of illegal sand mining in stretch near the Masudpur area is Kharasrota river at Masudpur coming under the jurisdiction of Mouza and due to transportation Vyasnagar Tahasil in District of of the illegally mined sand Jajpur, Odisha which his the area through the village road have in question.
caused damage to the embankment of the river, the 2. The area in question is not a bridge and loss of revenue and designated Sairat Source of minor pollution due to sand loaded mineral i.e. sand under the vehicles. Vyasnagar Tahasil jurisdiction.
ii) Illegal sand mining takes place during night hours through
3. The designated places and other excavators and dredging places, coming under the machine and transporting to the jurisdiction of Vyasnagar Tahasil private stockyard was inspected and verified by the
iii) Damage of ecology of the area committee.
and disturbed flow of the Kharasrota river causing threat
4. It was observed that most of the to the river embankment, areas have been submerged with indiscriminate sand mining both the flooded water Activity of sand in the designate places and other mining by excavators and places in the river has already dredging machine and threatened the riverfront, soil transportation of sand by loading erosion and changed the course the vehicles were not observed.
of river flow.
Even no excavators, dredging
iv) Present ongoing illegal sand machine etc. were found nearby.
mining in Kharasrota river bed in The revenue field officials keep Vyasnagar Tahasil has caused close watch of the area and have serious environmental not noticed any mining of sand in degradation and ecological the area using machineries.
impact and no environmental impact assessment has been 4 taken place in areas earmarked 5. The local people present during for mining especially on the river joint visit were asked regarding bed. the illegal mining, it was
v) River and riparian ecology have ascertained from their view that been badly affected by the no mining of sand is taking place alarming rate of unrestricted as alleged by the applicant. sand mining which damage the ecosystem of river, weakens river 6. The allegations i.e. illegal mining bank, destruction of natural by excavators and dredging habitats or organism living on machine pollution caused due to the river beds, affects fish transportation of sand by loading breading and migration, spells the vehicles, damage of disaster for the conservation of embankment, soil erosion, many birds species. damage of the ecology & environment, threat to riverfront, change of course of flow of the river, destruction of natural habitat, affecting fish breading and spells of disaster to conservation of many bird species was not observed.
7. However, it was found from the record of the Tahasil (enquiry report of Revenue Inspector (RI), Panikoili) that earlier sand was lifted illegally by mechanical means from the area in question.
8. On basis of the report of the RI & receipt of complaints, the area was raided by a team formed by Tahasildar on dated 25.05.2020 and 09.06.2020 Sand dumps in nearby area, at a distance of about 200 m away from the river bed, have been seized Royalty & Penalty have been realized from one Sri Laxmidhar Mohanty of village Masudpur for illegal dumping of sand.
5
9. The Revenue Inspector, Panikoili visits the area time to time and reported that no further mechanical mining or any illegal mining operation in the area.
10.There is no such major minable area in this river bed coming within the jurisdiction of Vyasnagar Tahasil. The Tahasil level squad for enforcement of illegal mining is making periodic raids and regular patrolling at night is also going on regular basis as the police station is at a distance of 4 km from this place.
Recommendation:
The area in question was jointly inspected by the Committee and all aspects of allegation was verified and found as above, no action is recommended as no illegal sand mining is taking place presently in that area. B.K. Sahu Pramod Kumar Behera Narayan Chandra Dhal Asst. Mining Officer Regional Officer Sub-Collector, Jajpur Representative of DDM, Kalinganagar (Representative of District Jajpur, Odisha (Representative of SPCB, Collector, Jajpur, Odisha) Odisha)"
5. Thereafter, by an order dated 15.04.2021, a fresh Committee was constituted comprising of the following Members:-
(i) A Senior Scientist from the Integrated Regional Office of the Ministry of Environment, Forest and Climate Change, Bhubaneswar;
(ii) District Collector, Jajpur, Odisha,
(iii) Junior Scientist from Odisha State Pollution Control Board;
and
(iv) Deputy Director of Mines, Odisha. 6
6. This Committee was constituted since no action had been taken against the persons responsible for illegal dumping of sand referred to in the Report of the Committee at Sl. No. 8 of the column pertaining to observation, and environmental compensation which had also not been computed and, therefore, the Committee was directed to carry out fresh inspection during the dry season and submit its report.
7. A Joint Committee Report has now been submitted, copy of which has been filed as Annexure-R 5/1 to the affidavit dated 31.08.2021 filed by the Respondent Nos.15, Odisha State Pollution Control Board. The observation and the recommendation of the Committee are reproduced herein under:-
"Following were observed during the visit with respect to the direction of the Hon'ble NGT.
Sl. Issues raised in the Observation
No. Direction of Hon'ble NGT
1 Committee to inspect the site The Committee visited the site on
to verify as to whether a 18.06.2021 at 1030 AM. It was noted violation of the sand mining that the monsoon rains had flooded guidelines and there has the river bed. The applicant was been a damage caused to present and he explained the the environment and the allegations made in the petition.
water body. Therefore, the site of mine lease, its
boundaries and particulars of the
excavation made could not be
ascertained.
However, it was reported by the
Collector, Jajpur District that another committee constituted earlier had visited the site on 18.11.2020 at 10.30 AM in the presence of applicant, it was observed that no sand mining is going on. The same was also ascertained from the people of the 7 locality. In this regard, another committee was also constituted as per the order of hon'ble NGT and the Committee visit the ara on 13.08.2020 and 18.11.2020 and no mining was also observed. The report has already been submitted to hon'ble NGT.
2 Mr. Pani, stated that the During the visit and discussions hold report of the committee did with the members, it was noted that not mention the quantity of no reports on the quantity of sand sand illegally mined which excavated from the said lease area would determine the has been submitted to the District revenue lost to the Collector.
Government which require Further, it was also by the District to be recovered and the Administration that after filing of the compensation/penalty original application, the area was recovered from the illegal visited thrice by the committees miners. constituted by the Hon'ble NGT i.e. on 13.08.2020, on 18.11.2020 and now on 18.06.2021. the previous two reports have already been submitted to the Hon'ble NGT. No sand mining has been reported in the previous reports. Further, there have been two floods in the river in between the time of filing of original application and the present inspection and hence there is no scope to assess the quantity of sand mined, if any.
3. If the committee would find From the discussions held with the that there has been a officials, it was noted that (i) there violation of the sand mining was no environmental clearance guidelines and there has granted by t he DEIAA for sand been a damage caused to mining (ii) no consent to establish and the environment and the (iii) no consent to operate was issued water body, the District by the Orissa State Pollution Control Collector, Jajpur, Odisha Board for the mining purpose. For the shall initiate criminal purpose of sand mining, the proceedings against the environment clearance from the offenders. District Level Environment Impact 8 Assessment Authority.
However, as per the order of Collector and District Magistrate, Jajpur after field inspection on 18.06.2021, a notice has been issued to Sri Laxmidhar Mohanty, S/o Baisnav Charan Mohanty, At-Devi, PO-Jaraka, PS-Dharmasala, Dist-Jajpur to produce the document with written statement regarding the source from where the said dumped sand was extracted, as reported during the previous inspection and for which Rs.
1,88,237/- has already been imposed upon Sri Laxmidhar Mohanty as per OMMC Rules, 2016.
4 The Hon'ble NGT directed Environmental Compensation of Rs. the committee to assess the 20,000/- (Rupees Twenty Thousand environmental compensation only) has been imposed in pursuant to as per the prescribed the Order of the Hon'ble NGT dated guidelines of Central 02.09.2020 for illegal dumping of Pollution Control Board. sand and recovered from Sri Laxmidhar Mohanty by the State Pollution Control Board vide M.R. No. 26463. In present scenario, since there is no illegal mining of sand at the site, and no information with respect to the quantity of sand extracted and the area of the lease granted had been provided to the Committee. Hence, no assessment report of compensation could be prepared.
5 Mr. Pani, stated that the A sum of Rs. 1,88,237/- (Rupees One revenue lost to the Lakh Eighty Eight Thousand Tow Government which would be Hundred Thirty Seven) only has been recovered and the recovered from Sri Laxmidhar compensation/royalty Mohanty vide R.R. No. 0785956, M.R. recovered from the illegal No. 0520940, M.R. No. 0520939, M.R. miners. No. 050389.9
Conclusion:
From the discussions held with the officials it was noted that there was no environment clearance granted by the DEIAA for sand mining and no consent to operate was issued by the Orissa State Pollution Control Board for the mining purpose. For the purpose of sand mining, the environment clearance from the District Level Environment Impact Assessment Authority, in which the District Collector or District Magistrate is the Chairman, is required as per the Ministry of Environment Forest and Climate Change Notification No. S.O. 141(E) dated 15.01.2016 and sustainable sand mining management Guidelines. Consent to operate from the State Pollution Control Board is also required. In light of this, the District Collector may issue show cause notice to the violator under power conferred under Section 19 of the Environment Act, 1986. During joint inspection of the site by the committee on dated 18.06.2021, it was found that no mining of sand is going on. Since the landscape has changed due to major flood (August-2020) and also minor flood (May-2021) the damage could not be ascertained, therefore available documents were relied on. However, action has been initiated by the Tahasildar, Vyasnagar by issuing a notice vide letter No. 3663 dated 18.06.2021 as mentioned in Sl. No. 3 to ascertain further details which were not ascertained during field visit, due to change in landscape by one major flood (August, 2020) and minor flood May, 2021.
Recommendations of the Committee:
1. The District Survey Report prepared needs to be supplemented with additional information on the provisions and inclusions of the guidelines issued by the Ministry of Environment, Forest and Climate Change, with respect to Sustainable Sand Mining Management Guidelines, 2016 and 2020. These principles are to be enforced with the new sand mining leases which are to be auctioned by the District Administration.
2. A study on the annual Replenishment of Sand may be carried out which may also serve as a guideline for allocation of various sand mining leases and the quantity which may be permitted for extraction. This should also be one of the criteria in preparation of Sand Mining Plan for the area.
3. Sand deposition is a dynamic issue and that needs to be updated regularly.
4. All the guidelines and procedures mentioned in the Ministry of Environment, Forest and Climate Change Notification vide S.O. 141 (E) dated 15.01.2016 on minor minerals are to be adhered to including the procedures for monitoring of sand mining of river bed mining. The use of information Technology/satellite imagery may also be adopted for monitoring of the quantity of sand extracted and transported.10
5. While awarding a lease deed, important parameters like deposition, replenishment of sand, areas of erosion, and distance from infrastructural structures need to be considered. There has to be mechanism that the actual mining activity conforms to the approved Mining Plan and approved Environment Management Plan.
6. There has to be an effective mechanism for annual mandatory environmental audit by experts.
7. The vehicles transporting sand and minerals may be fixed with electronic devices along with GPS locations facilitating and tracking movement of vehicles.
8. The Sub-Divisional Committee consisting of Sub-Collector, SDO Irrigation Sub-Division, Regional Officer State Pollution Control Board, Range Officer (Forest Department), Mining Officer and District Informatics Officer, NIC for effective monitoring of minor mineral activities and transportation of Minor Minerals. The said Multi-Disciplinary Committee shall review the mining of minerals on a monthly basis and take necessary action as per need and also recommend measures for improvement.
Mr. Rajeshwar Prasad, Scientist B Sri Chakravarti Singh Rathore MoEF&CC, Integrated Regional Office, Collector & D.M., Jajpur Bhubaneswar Sri B.K. Sahoo, Asst. Mining Officer Er. M.M. Sahoo, Asst. Env. Engineer (Representative of DDM, Jajpur Odisha) SPCB, Kalinganagar (Representative of SPCB)"
8. This report mentions that a sum of Rs. 1,88,237/- (One Lakh Eighty Eight Thousand Two Hundred Thirty Seven) has been recovered from Sri Laxmidhar Mohanty and Environmental Compensation of Rs. 20,000 (Rupees Twenty Thousand) has also been recovered from the same person.
9. Mr. Sankar Prasad Pani, learned Counsel for the Applicant has filed a response affidavit dated 29.11.2021 and has also filed a document as Annexure-B (at page no. 92 of the paper book), and his submission is that this document is in respect to a valid lease granted in favour of one Ranjan Kumar Pattanaik for the same Tehsil Vyasnagar in the District Jajpur, Odisha, to which the 11 allegations in the present Original Application relate. The further submission of the learned Counsel is that for valid sand mining Royalty has been computed at Rs. 35 per/m3, Additional Charge at Rs. 4233 per/m3, Surface Rent at Rs. 360/- per/Hec., Dead Rent at Rs. 10,500/- per/Hec., District Mining Fund at 10% of Royalty & Additional Charge, EMF at 5% of Royalty & Additional Charges, and Income Tax at 2% of Royalty & Additional Charge, and submits that in the case of Ranjan Kumar Pattanaik, for a quantity of 5520 m3 of legally mined sand dues of Rs. 2,76,17,645.00/- (Rupees Two Crore Seventy Six Lakhs Seventeen Thousand Six Hundred Forty Five only) has been computed.
10. Mr. Pani has passed on to us a document dated 18.06.2021 which is a communication from the Tehsildar Vyasnagar to the Collector & District Magistrate, Jajpur, which mentions that one Laxmidhar Mohanty has illegally dumped 4558 m3 of sand and total demand of Rs. 1,88,237.00/- (Rupees One Lakh Eighty Eight Thousand Two Hundred Thirty Seven only) towards royalty, penalty and other Government dues as per Orissa Minor Minerals Concession Rules, 2016 was imposed upon Laxmidhar Mohanty which has also been realized on 26.05.2020.
11. Mr. Pani submits that if for legal mining in the case of Ranjan Kumar Pattanaik the Royalty was computed at Rs. 35/- per/m3 and Additional Charge at Rs. 4233 per/ m3, then the same charges in the case of Laxmidhar Mohanty would amount to Rs. 1,94,53,544/- (One Crore Ninety Four Lakhs Fifty Three Thousand Five Hundred Forty Four) if the mining had been legal other than the Rental, Income Tax and other charges, but the Joint Committee has computed Environmental Compensation only at Rs. 20,000/- 12 (Rupees Twenty Thousand only) and royalty at Rs. 1,88,237/- (One Lakh Eighty Eight Thousand Two Hundred Thirty Seven) for illegally mined sand of the quantity of 4558 m3 which quantity has not been mentioned in the Joint Committee's Report, and which becomes clear from the letter of the Tehsildar Vyasnagar, Jajpur dated 18.06.2021.
12. The submission of Mr. Sankar Prasad Pani, learned Counsel for the Applicant has weight and substance.
13. We, therefore, direct the Joint Verification Committee to re-examine the matter in the light of our observations made above taking into consideration the letter of the Tehsildar-Vyasnagar, Jajpur dated 18.06.2021, a copy of which shall be provided by Mr. Sankar Prasad Pani to the Committee. The Committee shall submit its report through compliance affidavit within two months.
14. We also find that the Tribunal in its previous order dated 02.09.2021 had observed that if the allegations were found to be correct, appropriate action should be instituted against the illegal sand miners in accordance with law. There is nothing on record to show that any criminal action has been taken against the illegal miners.
15. Illegal mining of sand is not only theft of Govt. revenue inviting prosecution under the appropriate provisions of the IPC but also invites prosecution under the provisions of the Prevention of Money Laundering At, 2002.
16. Section 3 of the Prevention of Money-Laundering Act, 2002, reads as under:-
"3. Offence of money-laundering- Whosoever directly or indirectly attempts to indulge or knowingly assists or 13 knowingly is a party or is actually involved in any process or activity connected [proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming] it is untainted property shall be guilty of offence of money-laundering."
17. Section 4 of the Act which prescribes the punishment for money-
laundering, reads as under:-
"4. Punishment for money-laundering- Whoever commits the offence of money-laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
Provided that where the proceeds of crime involved in money-laundering relates to any offence specified under paragraph 2 of Part A of the Schedule, the provisions of this section shall have effect as if for the words "which may extend to seven years", the words "which may extend to ten years" had been substituted."
18. Section 43 of the Prevention of Money-Laundering Act, 2002, reads as under:-
"43. Special Courts.-- (1) The Central Government, in consultation with the Chief Justice of the High Court, shall, for trial of offence punishable under section 4, by notification, designate one or more Courts of Session as Special Court or Special Courts or such area or areas or for such case or class or group of cases as may be specified in the notification.
(2) While trying an offence under this Act, a Special Court shall also try an offence, other than an offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.
19. Section 44 of the Prevention of Money-Laundering Act, 2002, reads as under:-
44. Offences triable by Special Courts.--(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- 1 [(a) an offence punishable under section 4 and any scheduled offence connected to the offence under that section shall be triable by the Special Court constituted for the area in which the offence has been committed: Provided 14 that the Special Court, trying a scheduled offence before the commencement of this Act, shall continue to try such scheduled offence; or]; (b) a Special Court may, 2 *** upon a complaint made by an authority authorised in this behalf under this Act take 3 [cognizance of offence under section 3, without the accused being committed to it for trial]; 4 [Provided that after conclusion of investigation, if no offence of money-laundering is made out requiring filing of such complaint, the said authority shall submit a closure report before the Special Court; or] 5 [(c) if the court which has taken cognizance of the scheduled offence is other than the Special Court which has taken cognizance of the complaint of the offence of money-laundering under sub-clause (b), it shall, on an application by the authority authorised to file a complaint under this Act, commit the case relating to the scheduled offence to the Special Court and the Special Court shall, on receipt of such case proceed to deal with it from the stage at which it is committed. (d) a Special Court while trying the scheduled offence or the offence of money-
laundering shall hold trial in accordance with the provisions of the Code of Criminal Procedure, 1973 ( 2 of 1974) as it applies to a trial before a Court of Session.]"
(2) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to "Magistrate" in that section includes also a reference to a "Special Court" designated under section 43.
20. Paragraphs 25, 26 & 27 of the Schedule of the Prevention of Money-
Laundering Act, 2002, read as under:-
PARAGRAPH 25 OFFENCES UNDER THE ENVIRONMENT PROTECTION ACT, 1986 (29 OF 1986) Section Description of offence 15 read with section 7 Penalty for discharging environmental pollutants, etc., in excess of prescribed standards.15
15 read with section 8 Penalty for handling hazardous substances without complying with procedural safeguards.
PARAGRAPH 26 OFFENCES UNDER THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 (6 OF 1974) Section Description of offence 41 (2) Penalty for pollution of stream or well. 43 Penalty for contravention of provisions of section 24.
PARAGRAPH 27 OFFENCES UNDER THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 (14 OF 1981) Section Description of offence 37 Failure to comply with the provisions for operating industrial plant.
21. A conjoint reading of Sections 3, 4 and Sections 43 and 44 of the Prevention of Money-Laundering Act, 2002 and paragraphs 25, 26 and 27 of the Schedule thereto would show that if air, water, ground and environment pollution is caused in an area, not only the person causing environmental pollution but any person indirectly or knowingly aiding or assisting such act would also be liable for causing illegal financial gain to such violator.
22. The Original Application No. 48/2020/EZ is accordingly disposed of with a direction to the Odisha State Pollution Control Board, Nodal Office, to file affidavit of compliance with regard to computation of Environmental Compensation and royalty and other dues and recovery of the same from the violator.
23. Such affidavit of compliance shall be filed by 14.03.2022.
24. We further direct the State Respondents to file an affidavit of compliance within two months to show whether FIR has been 16 lodged against the person/persons involved in illegal sand mining as well as the beneficiary/s of the illegally mined sand.
25. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM January 06, 2022 Original Application No. 48/2020/EZ AK 17