National Green Tribunal
Giridhari Das vs State Of Odisha Through Chief Secretary ... on 3 March, 2025
Item Nos.12&13 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.176/2024/EZ
(I.A. No.122/2024/EZ)
Giridhari Das Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
With
Original Application No.05/2024/EZ
Madhusudan Palai Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 03.03.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Anup Kumar Pattnaik, Adv. (in Virtual Mode)
For Respondent(s) : Ms. Aishwarya Dash, ASC for R-1 to 6, 10, 11 & 13
(in Virtual Mode),
Mr. Dipanjan Ghosh, Adv. for R-7 & 8,
Mr. Apurba Ghosh, Adv. for R-9,
Mr. Sankar Prasad Pani, Adv. a/w
Mr. Ashutosh Padhy, Adv. for R-12 (in Virtual Mode)
For Applicant(s) : Mr. Sankar Prasad Pani, Adv. a/w
(in OA/05/2024/EZ) Mr. Ashutosh Padhy, Adv. (in Virtual Mode)
For Respondent(s) : Mr. Aditya, Adv. for R-1 to 6, 10 & 12 (in Virtual Mode),
Mr. Dipanjan Ghosh, Adv. for R-7 & 8,
Mr. Apurba Ghosh, Adv. for R-9,
Mr. Anup Kumar Pattnaik, Adv. for R-11 (in Virtual Mode)
ORDER
O.A. No.05/2024/EZ
1. Mr. Sankar Prasad Pani assisted by Mr. Ashutosh Padhy, learned Counsel is present (in Virtual Mode) on behalf of the Applicant. Learned Counsel referring to the Inspection Report of an inspection carried out on 19.02.2024 (copy of which has been filed with the 1 affidavit of the District Magistrate, District-Khordha) dated 19.04.2024 submitted that in Serial No.3 of the Inspection Report it has been stated that the EC was issued on 17.12.2020 in respect of the sand mining area which was transferred in the name of the lessee, i.e. Respondent No.11 on 02.06.2022.
2. The Inspection Report further mentions that the Lease Agreement was registered on 28.01.2021. Consent to Establish (CTE) was issued by the State Pollution Control Board, Odisha on 03.12.2022 and Consent to Operate (CTO) was issued by the State Pollution Control Board, Odisha on 05.01.2023.
3. The report further mentions that on verification of the T.P. register, it is found that 'Y' form was issued in favour of the lessee on 04.03.2021 which is much prior to the grant of the Consent to Operate (CTO) dated 05.01.2023.
4. Mr. Pani, learned Counsel for the Applicant therefore submits that this is evidence of illegal mining being carried out by the lessee much prior to the grant of CTO on 05.01.2023.
5. We find that this issue has not been addressed by the District Magistrate even though the 'Y' forms are issued by the Tahasildar, Tangi.
6. We, therefore, direct the District Magistrate, District-Khordha to file fresh affidavit giving not only a para-wise reply to the Original Application but also explaining as to whether 'Y' forms issued on 04.03.2021 have been used by the lessee, i.e. Respondent No.11 prior to 05.01.2023.
7. The District Magistrate, District-Khordha shall inquire into the issue and in case it is found that mining has been carried out and 'Y' forms have been used by the lessee prior to 05.01.2023, he shall 2 explain in his affidavit as to what action has been taken against the lessee.
8. Let the affidavit be filed within four weeks.
9. Mr. Aditya, learned Counsel holding brief of Mr. Padmesh Mishra, learned Counsel is present (in Virtual Mode) on behalf of the Respondent Nos.1 to 6 and 10 & 12, State Respondents, Government of Odisha.
O.A. No.176/2024/EZ
10. Mr. Anup Kumar Pattnaik, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.
11. In the connected O.A. 176/2024/EZ, we find that in the Inspection Report of an inspection carried out on 05.11.2024, it is stated that fresh measurement is required to calculate the actual volume of minor mineral excavated over the plots in question in the said Original Application.
12. We, therefore, direct Ms. Aishwarya Dash, learned Additional Standing Counsel appearing (in Virtual Mode) on behalf of the State Respondents to ensure that the Director of Mines/District Magistrate, District-Khordha files affidavit within four weeks in this regard.
13. List on 23.05.2025.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM March 03, 2025, Original Application No.176/2024/EZ (I.A. No.122/2024/EZ) With Original Application No.05/2024/EZ OM 3