National Green Tribunal
Soubhagya Ranjan vs State Of Odisha on 9 December, 2025
Item No.13 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.91/2024/EZ
(Earlier O.A. No.140/2024/PB)
Soubhagya Ranjan & Ors. Applicants
Versus
State of Odisha & Ors. Respondents
Date of hearing: 09.12.2025
For the Applicant:
None for the applicant.
For the Respondents:
Mr. Dipanjan Ghosh, Advocate for respondent no.2 (through VC).
Ms. Anamika Pandey, Advocate for respondent no.3 (through VC).
Ms. Apurba Ghosh, Advocate for respondent no.4 (through VC).
Ms. Ruparekha Jena, Advocate for respondent no.5 (through VC).
None for respondent no.1.
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
Order reserved on:-24.11.2025
Order pronounced on:- 09.12.2025
ORDER
1. Mr. Soubhagya Ranjan Das and others had sent by post the present letter petition to this Tribunal, which was treated and registered as Original Application No. 140/2024/PB and was on transfer to Eastern Zone Bench at Kolkata registered as Original Application No. 91/2024/EZ.
2. The applicants raised grievances regarding illegal sand mining activities at the Bhatimunda Sand Quarry under Tahasil Tangi-
Choudwar, District-Cuttack, Odisha. The relevant part of the letter 1 petition enumerating grievances of the applicant is reproduced as follows:-
"X X X X This is to bring to your urgent attention regarding ongoing illegal sand mining activities at the Bhatimunda Sand Quarry under Tahasil Tangi- Choudwar, Dist-Cuttack, Odisha, as follows:
1. That SEIAA had issued Environment Clearance (EC) with respect to the said quarry in favour of Tahasildar, Tangi-
Choudwar Mr.Pragyananda Das vide Letter No.2409/SEIAA dated 31.08.2021 which shall be coterminous with the expiry of lease period.
2. That, subsequently on application by Tahasildar, the EC was transferred to Sri Sachin Kumar Sahoo, lessee vide Letter No. 4038/SEIAA dated 22.02.2022 containing the same terms & conditions as the prior EC granted in favour of Tahsildar.
3. That, it has been clearly stated in the EC dated 22.02:2022, "Pending carrying out of the study & submission of the report, this clearance is being granted in an ad-hoc manner and is liable to be revoked after one year i.e; 31st December, 2022. The project proponent is allowed to extract provisionally 2000 CuM of sand in the first year".
4. That it is pertinent to mention here that, the EC has expired on December 31st, 2022. However, in spite of that, Mr. Sachin has been carrying out illegal extraction of sand by dredging water from river bed consistently which is causing significant harm to the environment and violating legal regulations. More than 100 HYVAs are engaged on a daily basis, illegally extracting sand from the river bed, which is depleting at an increasing rate.
5. That, this illegal activity is being carried out in full support of the local MLA Mr. Prasant Behera and the Tahasildar Mr. Praqyananda Das as they have a vested interest in running the sand quarry. The local MLA receives Rs.5 lakhs per month to provide protection to Mr.Sachin Sahoo (Lease holder of sand Quarry) from any kind of restraint by villagers and local authorities.
6. That they have been illegally mining sand beyond the permitted quantity of 2000 CUM per year, without fresh EC, CTO (Consent to Operate), and CTE (Consent to Establish). As per credible sources, they have been extracting sand around a radius of 3-5 km beyond the quarry limits. The reckless extraction of sand has the potential to disrupt local ecosystems, degrade water quality, and exacerbate the risk of flooding in the area.
7. That, as per stipulated conditions the Tahasildar, is the lease granting authority that is responsible for strict compliance of the conditions of the lease grant by the lessee. This has been clearly violated by the Tahasildar as there was no restraint from his end to the illegal mining that has been going on for the past 8 months. These unauthorized operations are depriving the Government of much-needed revenue that could be utilized for community development projects.
28. That, we made a representation earlier on 07.08.2023 to 5T Secretary with a copy to your good office complaining about the involvement of Mr.Pragyananda Das in illegal mining at Bhatimunda Sand Quarry. However, to date, there has been no action from the concerned authorities.
9. That, it-is also pertinent to mention that the Transit permit is required to be issued by the Tahasildar for carrying out the extraction of sand. However, it is completely unknown as to how the extraction is being carried out without a valid Transit Permit.
In order to address this issue effectively, we suggest the following actions be taken:
1. Issue a cease and desist order to immediately stop all mining activities at the quarry until a proper investigation is completed.
2. Collaborate with relevant authorities, including the Department of Mines and Geology, to ensure that the necessary legal actions are taken against the responsible parties.
3. Impose appropriate penalties and fines as per the law to deter future instances of illegal mining in the region.
We kindly request your urgent attention to this matter and ask for appropriate action to be taken. It is imperative that the illegal mining activities be halted immediately, and necessary penalties and legal actions be enforced against the lessee, Sri Sachin Kumar Sahoo, and other concerned authorities.
X X X X"
3. Vide order dated 19.04.2024, this Tribunal constituted a Joint Committee comprising of Odisha State Pollution Control Board (OSPCB), Deputy Director General of Forests (C), Ministry of Environment, Forest and Climate Change, Integrated Regional Office, Bhubaneswar and District Magistrate, Cuttack with direction to undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and take appropriate remedial action and to file its report within one month.
4. Report of the Joint Committee was filed on 03.08.2024 after more than 03 months. The relevant part of the report of the Joint Committee is reproduced below:-
3"REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI VIDE THEIR ORDER DTD. 19.04.2024 IN THE MATTER OF OA NO. 140/2024/PB-SOUBHAGYA RANJAN & OTHERS VS STATE OF ODISHA AND OTHERS X X X X II. JOINT COMMITTEE MEETING HELD ON 06.05.2024 In compliance to the Hon'ble NGT a preparatory meeting was held on 06.05.2024 at 4.00 PM through Video Conferencing to make a preliminary discussion on the case matter and to fix a suitable date for the site visit by the committee members. However, the District Magistrate, Cuttack or his representative could not attend the meeting due to their another meeting of General Election, 2024 was going on at that time. Shri A. T. Mishra, Deputy Director General of Forests (C), Ministry of Environment, Forest and Climate Change, Regional Office, Bhubaneswar and Er. Rashmita Priyadarshini, Regional Officer, State Pollution Control Board, Regional Office, Cuttack the other two members of the Joint Committee attended the meeting and following decisions were taken to comply the order of Hon'ble NGT. Copy of the minutes of the meeting is enclosed as ANNEXURE-A. i. The Mining Officer, Cuttack and the Tahasildar, Tangi- Choudwar will be asked to remain present during the site visit. ii.The Regional Officer, State Pollution Control Board will Inform the applicant and the lessee of the Sand quarry to remain present during the site visit of the Joint Committee. iii.A suitable date will be fixed by the Regional Officer, Cuttack in consultation with Committee members over telephone. The Collector & District Magistrate, Cuttack informed vide letter No. 271/Touzi, dtd. 10.05.2024 that entire District Administration is involved in election work till 06.06.2024 and to fix a date after 06.06.2024 for the site visit by the Committee members. Copy of the letter is annexed as ANNEXURE-B. III. SITE VISIT BY THE JOINT COMMITTEE The Joint Committee visited the Bhatimunda Sand Quarry with other Government officials on 02.07.2024 in presence of Sri Soubhagya Ranjan Dash, applicant and Sri Sachin Kumar Sahoo, Lessee of Bhatimunda Sand Quarry. The members of the Joint Committee and Government Officials present during the site visit are mentioned below:
1. Shri A. T. Mishra, Deputy Director General of Forests (C), Ministry of Environment, Forest and Climate Change, Regional Office, Bhubaneswar.
II. Shri Umakanta Raj, Additional District Magistrate, Cuttack (Representative of Collector & DM, Cuttack). III. Er. Rashmita Priyadarshini, Regional Officer, State Pollution Control Board, Regional Office, Cuttack.
IV. Shri Sambit Sahoo, Mining Officer, Cuttack 4 V. Shri Choudhury Prajannanda Das, Tahasildar, Tangi- Choudwar The Bhatimunda Sand Quarry is located on Birupa River bed at: Bhatimunda, TahasliTangl-Choudwar in Cuttack district. It was observed by the Committee that the sand Quarry was not in operational condition since long. No sand transportation vehicles were observed at the alleged site. The Quarry lease area was partly filled with river water and vegetation growth was observed in patches on rest portion.
During field visit, the Committee members discussed with the applicant, lessee, Mining officer and Tahasildar, Tangi- Choudwar and it was unanimously decided that the Mining officer and Tahasildar will submit a report jointly on Bhatimunda Sand Quarry in chronological order starting from the documentation process initiated for the mining activity to till date including the royalty/ penalty collected or any action taken against the said Quarry with detail documents to the committee within 07 days. The committee also asked the applicant to submit photographs or any other evidence available with him on illegal sand mining of the said quarry to the committee within 03 days so that the Joint Committee will submit the field visit report to the Hon'ble NGT. The proceedings of the field visit is enclosed as ANEXURE-C. IV. JOINT STATUS REPORT OF THE BHATTIMUNDA SAND QUARRY SUBMITTED BY TAHASILDAR TANGI-CHOUDWAR AND MINING OFFICER Tahasildar Tangi-Choudwar and Mining Officer, Cuttack submitted a report jointly on Bhatimunda Sand Quarry containing all the documentation process and action taken report. The Inspection report is enclosed as ANNEXURE-D. The content of the report is given as follows;
1. Birupa River Sand Bhatimunda Source was approved on Dt.07/08/2020 over an area of Ac12.34Dec of Plot No.1116 under Khata No.441 of village Bhatimunda, Tehsil- Tangi- Choudwar, Cuttack District. (Copy of the consent of the Collector and District Magistrate, Cuttack regarding creation of the Birupa River Sand Bhatimunda source is attached herewith as Annexure-1).
2. Auction process Started on Dt.18.02.2021. with an advertisement notice Issued by the office of the Tahasildar, Tangi- Choudwar, Cuttack district.
3. Auction was held on Date- Dt.24.03.2021 and one Sachin Kumar Sahoo was declared as the successful bidder with a bid of the highest additional charge of rupees 2800/- along with offset price of Rs.49/- per CuM. (Bid sheet of the auction process is attached herewith as Annexure-2).
4. The Intimation in Form-F was issued to the successful Bidder on Dt. 25/03/2021 (Copy of the Form-F is attached herewith as Annexure-3) Accordingly, Sachin Kumar Sahoo deposited the Interest free security amount on 25/03/2021 as per the Rule 27(7) of the OMMC Rules, 2016.
55. State Environment Impact Assessment Authority (SEIAA) approved the annual quarrying, quantum as 2000CuM on Dt.31/08/2021 vide letter No.2409/SEIAA in favour of the Tahasildar, Tangi-Choudwar which was received on Dt.14/09/2021. (Copy enclosed herewith as ANNEXURE-4).
6. Transferred EC was issued by SEIAA In favour of Sachin Kumar Sahoo vide Letter No.4038/SEIAA, on Dt.22.02.2022 (Copy enclosed herewith as ANNEXURE-5).
7. Lease deed with respect to the aforesaid sand source was presented on Dt.03.03.2022 and executed on 18/05/2022(Copy enclosed herewith as ANNEXURE-6).
8. Consent To Operate (CTO) was received from the State Pollution Control Board (SPCB) on Dt.04/06/2022 with an approved quantity of 2000 Cum which was valid up to 31/03/2023.(Copy enclosed herewith as ANNEXURE-7).
9. Y-form was issued for operation of the aforesaid sand source from Dt.04/06/2022. The last Y-form was issued on Dt.14/02/2023. A total of 9 Numbers of Y-Form Books having Book No.2586, 2587, 2599, 45135, 45136, 45137, 45148, 45154 and 45155 have been issued in favour of the Lessee. The lessee has returned only 3 out of the 9 Y-Form books to the Tahasildar, Tangi-Choudwar. The Book numbers of the returned Y-form books are 2586, 2587 and 2599. The lessee has not returned yet the remaining 6 Y-Form books. As per the counter-folls of the 3 Y-Form books returned by the Lessee, a total of 450CuM sand was extracted by the Lessee. Further, the lessee hasn't submitted quarterly returns or annual returns at any point of time since the start of the operation of the aforesaid sand source.
10. Due to illegal mining beyond the lease area, an amount of Rs.38,56,710.00 was imposed on the Lessee as penalty communicated vide letter No.3278, Dt.23.05.2023 of the Tehsildar, Tangi-Choudwar. Since the Lessee failed to pay the aforesaid amount, the Tehsildar, Tangi-Choudwar again reminded the lessee vide letter No.4428, Dt.25.07.2023 to pay the aforesaid penalty amount. (Copy enclosed herewith as Annexure-8). The Lessee has not yet paid the aforesaid penalty.
11.On Dt.26/07/2023 the aforesaid source was transferred to the Mining Officer-Cum-Competent Authority, Minor Minerals, Cuttack District. The supporting document of the transfer process is attached herewith as Annexure-9.
12. Upon receiving the file and case records from the Tahasildar, Tangi-Choudwar, Mining officer, Cuttack issued a demand letter regarding pending Govt. dues of Rs.23,97,042.00 towards Royalty, Additional Charge, DMF, EMF, Surface Rent, Dead Rent and TCS against the Lessee Sachin Kumar Sahoo up to Dt.31.07.2023, vide letter No.1531/Mines, Dt.08/08/2023 on the basis of the demand letter issued by the Tehsildar, Tangi-Choudwar vide his office letter No.4300, Dt.19.07.2023.(Copy enclosed herewith as Annexure-10).
13.Mining Officer, Cuttack on Dt.09/10/2023 found evidence of illegal mining with the use of suction boats, at the aforesaid sand source. Subsequently, show-cause notice was issued on Dt.12/10/2023, vide letter no.2175/Mines to lessee. (Copy enclosed herewith as Annexure-11) 6
14. Mining Officer, Cuttack imposed a penalty of Rs.500000.00 on the Lessee vide letter no.2937, Dt.07.12.2023 (Copy enclosed herewith Annexure-12). The lessee paid the aforesaid amount, vide Cyber Treasury Challan No.35DSC5DB8F (Copy enclosed as Annexure-13).
15.The lessee did not comply the following clause of the Transferred EC vide Letter No.4038/SEIAA, on Dt.22.02.2022 (Already attached as Annexure-5);
i. "The project proponent has to carry out by engaging appropriate consultant, a study of the annual replenishment rate of sand by collecting pre monsoon & post monsoon data from the field to know the quantum of volume of sand deposited/replenished & extracted in the mining lease area. The detailed comparison of both pre-monsoon and post-monsoon elevation data shall be included in the study report. The replenishment rate of sand may be calculated by using the volumetric survey method or any other methods laid down in Enforcement & Monitoring Guidelines for Sand Mining, 2020 issued by the MoEF& CC, Govt. of India. The finding of the study shall be submitted to SEIAA to assess the rate of replenishment of mined out sand in the lease area. Pending carrying out of the study & submission of the report, this clearance being granted in an adhoc manner and is liable be revoked after one year i.e. after 31 December, 2022 if satisfactory replenishment study report is not submitted. The submission of study report of rate of annual replenishment of sand within one year is obligatory for the project proponent. The PP is allowed to extract provisionally 2000 cum of sand in the first year."
16.On Dt.30/05/2023 Lessee had submitted the application for Modification of EC in Parivesh Portal vide Proposal No.SIA/OR/MIN/300740/2023 (Copy enclosed as Annexure-
14), which was subsequently passed by SEAC and SEIAA. SEIAA issued an Amendment to the EC, in favour of the Lessee of Birupa River Sand Bhatimunda on Dt.10/01/2024 with a proposed MGQ of 2050CuM per year for rest of the lease period (Copy enclosed herewith as Annexure-15).
17.Mining Officer, Cuttack also issued another demand notice regarding payment of Govt. dues towards annual Royalty, Additional Charge, DMF, EMF, Surface Rent, Dead Rent and TCS (A total of Rs.59,93,004.50) for the 2nd year of the lease period (18.05.2023 to 17.05.2024) against the Lessee of the Birupa River Sand Bhatimunda vide letter No.957/Mines, Dt.18.04.2024. (Copy enclosed as Annexure-16).
18.The Lessee has filed WP(C) No.12919 of 2024 challenging the demand issued by Mining Officer, Cuttack vide letter No.957/Mines, Dt.18.04.2024 (Enclosed already as Annexure-
16) which was disposed off by the Hon'ble High Court of Orissa, Cuttack giving liberty to the Lessee to file an appeal within 30 days. Office of the Advocate General, Odisha informed the same to the Mining Officer, Cuttack vide Letter No.35248, Dt.18.06.2024 (Copy enclosed herewith as Annexure-17).
719.Lessee has not yet paid the penalty amount of Rs.38,56,710.00 imposed by the Tehsildar, Tangi-Choudwar vide letter No.3278, Dt.23.05.2023, an amount of Rs.23,97,042.00 towards Royalty, Additional Charge, EMF, DMF, Surface Rent, Dead Rent and TCS pending up to Dt.31.07.2024 as demanded by the Mining Officer, Cuttack (Copy already enclosed as Annexure-10). Furthermore, the Lessee also has not paid any amount towards annual Royalty, Additional Charge, EMF, DMF, Surface Rent, Dead Rent and TCS (A total of Rs.59,93,004.50) for the 2nd year of the lease period(18.05.2023 to 17.05.2024) as demanded by the Mining Officer, Cuttack, vide his letter No. 957/Mines, Dt.18.04.2024. (Copy enclosed already as Annexure-16) V. REMARKS:
The Joint Committee observed during the site visit that the sand Quarry was not in operational condition since long. No sand transportation vehicles were observed at the alleged site. The Quarry lease area was partly filled with river water and vegetation growth was observed in patches on rest portion. The committee also asked the applicant to submit photographs or any other evidence available with him on illegal sand mining of the said quarry to the committee within 03 days but no photographs or documents received from the applicant till date. However, the report of the Tahasildar and Mining officer indicates that illegal mining was carried out by the lessee for which penalty has been imposed but the lessee is yet to comply the demands raised.
We are of the view that the area is not fit to be quarry for scientific mining of the sand because of its close proximity to the river embankment, which may cause future environmental damage."
5. Vide order dated 24.05.2024 (1) District Magistrate, Cuttack; (2) Odisha State Pollution Control Board through its Member Secretary; (3) Ministry of Environment, Forests and Climate Change through its Deputy Director General of Forests (C), integrated Regional Office, Bhubaneswar, Odisha; and (4) State Environment Impact Assessment Authority, Odisha through its Member Secretary were impleaded as respondents with direction to file their responses within 04 weeks.
6. In the course of hearing affidavits have been filed by respondents no. 2, 3, 4 and 5 on 03.08.2024, 18.10.2024, 19.09.2024 and 07.12.2024 which have already been taken on record. Counter affidavit 8 dated 21.11.2025 has also been filed by respondent no. 5 which is taken on record.
7. Respondent no. 1- District Magistrate, Cuttack filed affidavit dated 25.03.2025 on 27.03.2025 which was put in defect and respondent no.
1- District Magistrate, Cuttack was directed to remove the defects and file affidavit within two weeks. Not only the defects were not removed and the affidavit was not re-filed within 02 weeks but also learned counsel for respondent no. 1- District Magistrate, Cuttack did not appear on the next date of hearing i.e. 04.07.2025.
8. Vide order dated 03.09.2025, respondent no. 1- District Magistrate, Cuttack was directed to file affidavit within 02 months. However, respondent no. 1- District Magistrate, Cuttack has not filed any affidavit within a period of 02 months.
9. Section 18(3) of the NGT Act, 2010 mandates this Tribunal to dispose of Original Application filed within 06 months but District Magistrate, Cuttack has taken time of more than 06 months in filing of his response before this Tribunal.
10. We convey our displeasure regarding the casual manner in which respondent no. 1- District Magistrate, Cuttack is responding in the proceedings before this Tribunal. The applicants who are making allegations regarding illegal mining are claiming inaction on the part of the concerned authorities.
11. If the concerned authorities do not care to file their responses within a period of more than 06 months, what else is required to doubt 9 their commitment to the rule of law and ability to discharge their duties in accordance with law.
12. It may be observed here that in its order dated 26.02.2021 passed in O.A. No. 360/2015 titled National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) the Principal Bench of this Tribunal referred to some of the significant orders passed from time to time regarding illegal mining in tabular format as under:-
Sl Party Name Date of Particulars No. orders 1 OA No. 173/2018 Sudarsan 04.09.2018 Inter alia directing revision of Das v. State of West Bengal & monitoring mechanism by the Ors. MoEF&CC. 2 OA No. 44/2016 Mushtakeem 05.09.2018 v. MoEF&CC & Ors. 3 OA No. 186 of 2016 Satendra 13.09.2018 Inter alia disapproving dispensing Pandey Vs. Ministry of with requirement of public hearing Environment, Forest & Climate and requiring evaluation by DEIAA. Change & Anr 4 ΟΑ 606/2018, Compliance of 16.01.2019 Requiring the Chief Secretaries to Municipal Solid Waste monitor the subject of unregulated Management Rules, 2016 and unscientific sand mining 5 Ο.Α. No. 360/2015, National 05.04.2019 Green Tribunal Bar Association Inter alia consideration of scale of V. Virender Singh (State of compensation and revised Gujarat) monitoring mechanism 6 OA No. 44/2016 Mushtakeem 19.02.2020 Inter alia modifying the mechanism v. MoEF&CC & Ors. for release of vehicles 7 OA No. 360/2015 National 17.08.2020 Inter alia considering the scale of Green Tribunal Bar Association compensation proposed by the V. Virender Singh (State of CPCB Gujarat) 8 O.A. No. 40/2020, Pawan 14.10.2020 Inter alia engagement of experts Kumar v. State of Bihar & Ors. from NABT/QCCI for preparation of DSR/ replenishment study 9 O.A. No. 726 of 2018 Rupesh 04.11.2020 Pethe v. State of M.P. & Ors., 10
13. By the above said order passed in above said O.A., the Principal Bench of this Tribunal had also laid down scale of environmental compensation to be recovered for release of seized vehicles and scale of environmental compensation for illegal mining on polluter pays principle and issued the following directions:-
"Enforcement of Monitoring Mechanism and review by the Chief Secretary at State level and Secretary MoEF&CC at National level
27. We direct all the States/UTs to strictly follow the SSMG-2016 read with EMGSM-2020 reinforced by mechanism for preparation of DSRs (in terms of directions of this Tribunal dated 14.10.2020 in Pawan Kumar, supra and 04.11.2020 in Rupesh Pethe, supra), Environment Management Plans, replenishment studies, mine closure plans, grant of EC (in terms of direction dated 13.09.2018 in Satendra Pandey, supra), assessment and recovery of compensation (as per discussion in Para 25), seizure and release of vehicles involved in illegal mining (in terms of order dated 19.02.2020 in Mushtakeem, supra), other safeguards against violations, grievance redressal, accountability of the designated officers and periodical review at higher levels. As already noted, EMGSM-2020 contemplates extensive use of digital technology, including remote sensing.
28. We further direct that periodic inspection be conducted by a five-members Committee, headed and coordinated by the SEIAA and comprising CPCB (wherever it has regional office), State PCB and two expert members of SEAC dealing with the subject. Where CPCB regional office is not available, if MoEF&CC regional office is available, its Regional Officer will be included in the Committee. Where neither CPCB nor MoEF&CC regional office exists, Chairman, SEIAA will tie up with the nearest institution of repute such as IIT to nominate an expert for being included in the Committee. Such inspection must be conducted at least thrice for each lease i.e. after expiry of 25% the lease period, then after 50% of the period and finally six months before expiry of the lease period for midway correction and assessment of damage, if any. The reports of such inspections be acted upon and placed on O.A.No.160/2022 Ompal & Ors v. State of UP & Ors. website of the SEIAA. Every lessee, undertaking mining, must have an environment professional to facilitate sustainable mining in terms of the mining plan and 11 environmental norms. This be overseen by the SEIAA. Environment Departments may also develop an appropriate mobile App for receiving and redressing the grievances against the sand mining, including connivance of the authorities and also a mechanism to fix accountability of the concerned officers. Recommendations of the Oversight Committee for the State of UP quoted earlier may be duly taken into account.
The mechanism must provide for review at the level of the Chief Secretary at least once in every quarter, in a meeting with all concerned Departments in the State. The Chief Secretary UP may ensure further action in the light of the report of the Oversight Committee.
Similarly, at National level, such review needs to be conducted atleast once in a year by the Secretary, Environment in coordination with the Secretaries Mining and Jalshakti Ministries the CPCB.
Publication of Annual Reports
29. We further direct all the States/UTs to publish their annual reports on the subject and such annual reports may be furnished to MoEF&CC by 30th April every year giving status till 31st March. First such report as on 31.03.2022 may be filed with the MoEF&CC by all he States/UTs on or before 30.04.2022. The report may also be simultaneously posted on the website of the Environment Department of the States/UTs. Based on such reports, MoEF&CC may consider supplementing its Guidelines from time to time. The MoEF&CC may prepare a consolidated report considering the reports from the States/UTs and publish its own report on the subject, preferably by 31st May every year.
Interaction at National Level
30. We direct the Secretary MoEF to convene a meeting in coordination with the CPCB and Mining and Jalshakti Ministries of Central Government and such other experts/individuals at National level and representatives of States within three months for interaction on the subject which may be followed by such meetings being convened by the Chief Secretaries in all States in next three months. Holding of such meetings will provide clarity on enforcement strategies and help protection of environment."12
14. In State of NCT of Delhi vs. Sanjay, (2014) 9 SCC 772 Hon'ble Supreme Court held that dishonestly removing sand and gravel, which is the property of the State, from the river beds without consent constitutes a distinct offence under Section 378 of the IPC and on receipt of the police report, the Magistrate having jurisdiction can take cognizance of the said offence without awaiting the receipt of complaint that may be filed by the authorised officer for taking cognizance in respect of violation of various provisions of the Mines and Minerals (Development and Regulation) Act, 1957.
15. The jurisdiction of this Tribunal to deal with such matters came to be considered by Hon'ble Supreme Court in various cases including MC Mehta vs. Union of India (2004) 12 SCC 118, Mantri Tech zone Pvt.
Ltd. vs. Forward foundation & others (2019) 18 SCC 494 and the Director-General Road Development National Highways Authority of India vs. Aam Aaadmi Lokmanch & others, Civil Appeal No. 6932 of 2015 decided on 14.7.2020 and Hon'ble Supreme Court held that wherever environment and ecology are being compromised and jeopardized, this Tribunal can apply Section 20 of the National Green Tribunal Act, 2010 for taking restorative measures in the interest of environment.
16. Even though monitoring mechanism and remedial measures have already been provided to prevent and control illegal mining as discussed above but it appears that the monitoring mechanism is not completely set up and remedial measures are not faithfully implemented in the State of Odisha as shown by the report of the Joint Committee filed in the present case. The failure of monitoring mechanism and lack of faithful 13 implementation of the remedial measures is writ large in the facts and circumstances of the case established by the material on record.
17. In the facts and circumstances of the case the Director, Mines and Geology, Government of Odisha and the Member Secretary, Odisha State Pollution Control Board are directed to look into/verify implementation of the Monitoring System for Sustainable Sand Mining at pages 64 to 66 of the Sustainable Sand Mining Management Guidelines, 2016 and Monitoring Mechanism at pages 48 to 63 of the Enforcement & Monitoring Guidelines for Sand Mining, 2020 and implementation of the directions given by Hon'ble Supreme Court and also by this Tribunal particularly the directions given by this Tribunal in O.A. No. 360/2015 titled National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) vide order dated 26.02.2021 and ensure (i) implementation of appropriate measures for prevention of illegal mining of mineral from mining area in question; and (ii) appropriate mechanism for taking strict punitive action against the persons and vehicles involved in illegal mining in the area.
18. In the present case, no sufficient ground for grant of further adjournment for filing of response by District Magistrate, Cuttack is made out but in the interest of justice, one more opportunity is granted to respondent no. 1-District Magistrate, Cuttack to file his response.
However, undue delay in filing of the response by respondent no. 1- District Magistrate, Cuttack warrants imposition of costs for delay, inconvenience and expenses and unnecessary adjournments thereby caused and accordingly, adjournment is granted subject to payment of the costs of Rs. 10,000/- which is to be deposited within 15 days with the Registrar, Eastern Zone Bench of the Tribunal. In his response, 14 respondent no. 1-District Magistrate, Cuttack shall specifically mention the measures taken by him in compliance with the directions given in O.A. No. 360/2015 titled National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat). District Magistrate, Cuttack shall also enclose copies of the minutes of the meeting of the District Task Force with his response regarding action taken for prevention of illegal mining.
19. In the facts and circumstances of the case, we also consider personal appearance of the District Magistrate, Cuttack physically or through V.C. on the next date of hearing to be essential for producing the relevant record and assisting this Tribunal in just and proper adjudication of the questions involved in the case. Accordingly, he is directed to remain present before this Tribunal on the next date of hearing with the relevant record.
20. In the facts and circumstances of the case, we also consider it appropriate and accordingly do bring this instance of undue delay in filing of response before this Tribunal to the notice to the Chief Secretary, Government of Odisha with the request to take appropriate measures for sensitizing all District Magistrates and other concerned authorities in the State of Odisha about constitutional obligation for protection and improvement of environment and giving due priority to filing of responses to the Original Applications/Appeals notice of which is served upon them.
21. List on 23.01.2026 for further consideration.
22. A copy of this order may be sent to the Chief Secretary, Government of Odisha, the Director, Mines and Geology, Government of 15 Odisha, the Member Secretary, OSPCB and the District Magistrate, Cuttack by email for requisite compliance.
Arun Kumar Tyagi, JM Ishwar Singh, EM December 09th, 2025 Original Application No.91/2024/EZ (Earlier O.A. No.140/2024/PB)/ R 16