National Green Tribunal
Tribunal On Its Own Motion Regarding ... vs State Of Odisha And Others on 22 February, 2022
Item No. 04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 117/2021/EZ
Tribunal on its own motion
Re: illegal sand mining in Rourkela
Throws norms to wind Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 22.02.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Suo motu
For Respondent(s) : Mr. Dipanjan Ghosh, Advocate for Odisha SPCB & CPCB,
Mr. Gora Chand Roy Choudhury, Advocate for SEIAA, Odisha,
Mr. Tapas Kumar Praharaj, Advocate for DM, Sundergarh,
ORDER
1. This Original Application has been generated suo-motu on an action being initiated by the Tribunal based on the footage of media report of the Otv Odiya dated 27.11.2021 on the subject of illegal sand mining at Rourkela. District-Sundergarh, Odisha. The report is to the effect that one Mr. Amit Kumar Sahoo, lessee of Khata No. 84 Kisam (Variant) Nadi (River) spread across 4.68 hectors, has been arrested and illegal machines including JCBs, trucks and tractors from Teterkela Sand Ghat, Biramitrapur, P.S.-Bisrain, District-Sundergarh, have been seized. The report further mentions that illegal mining is still rampant in the area.
2. The Tribunal by its order dated 29.11.2021 constituted a Committee comprising of the following Members:
(i) Central Pollution Control Board;
(ii) Odisha State Pollution Control Board;
(iii) State Environment Impact Assessment Authority (SEIAA),
Odisha; and
1
(iv) District Magistrate, Sundergarh, Odisha.
3. The Committee was directed to hold its meeting within two weeks and visit the site in question and submit its report within two months.
4. An affidavit dated 17.02.2022 along with the Report of the Committee has been filed by the Member Secretary, Odisha State Pollution Control Board; the same is taken on record.
5. We have gone through the Report of the Joint Committee which visited the site in question on 14.02.2022. The observations and recommendations made by the Committee in its Report are being reproduced herein for proper appreciation of the case which read as under:-
"Observation made by the Joint Committee:-
Teterkela Sand Ghat (M/s Teterkela Sand Bed) of Sundergarh which is situated on Plot no. 526/527/1 of Khata No. 84 at - village Teterkela, Tahsil-Biramitrapur, PS-Bisra, District- Sundergarh and spread over Ac. 11.25 dec (4.56 ha.) and was visited by the Committee members and the Committee observed the followings:-
1. M/s Teterkela Sand Ghat (M/s Teterkela Sand Bed) is situated over Koel River. During the visit of committee there was no mining operation observed on the Teterkela Sand Ghat. The Committee didn't observe any impacts on the environmental factors due to this sand mining operation.
2. Initially the lease was granted to Mr. Amit Kumar Sahoo on dtd. 12.02.21 with validity upto 11.02.2026. the unit has also obtained approved m ining plan with validity upto five years from the lease deed agreement. Further they have obtained 2 Environmental Clearance from the State Environment Impact Assessment Authority, Odisha, Bhubaneswar on dtd. 26.11.2020. similarly the sand bed unit has obtained consent to establish on dtd. 12.01.2021 and consequently the sand bed unit obtained Consent to Operate for operation of Sand mining of quantity for 6500 cubic meters per annum with validity up to dtd. 31.03.2021 and further renewal was not granted due to incomplete application.
3. The lessee has been issued transit pass for 3000 cubic meters by the Tahsildar, Biramitrapur on dtd. 12.02.2021, 30.03.2021 & 19.05.2021 for two quarters from dtd. 12.02.2021 to 12.08.2021 and the mining operation was conducted up to onset of monsoon and as such conditions has been stipulated in Environment Clearance No. 97799/SEIAA dtd. 26.11.2020 at Sr. No. 9.7 that "there shall be no sand mining in the river during the rainy season or when there is flow of water in the river". The monsoon season prevails from June to September in the state of Odisha. Subsequently, the concerned Tahasildar has made his visit time to time to observe sand mining activity. During this period mining operation have not taken place which has been verified by Local administration.
4. The lessee, Sri Amit Kumar Sahoo was arrested on dtd. 10.10.2021 due to his involvement in banned organization and accordingly Raghunathpalli Police Station registered Case (case No. 179 dtd. 10.10.2021) under section 341/323/353 of IPC and 25(1) (a)/27(2) Arms Act. Similarly another case was registered under Uditnagar Police Station as case No. 171 dtd. 31.08.2021) under Section 448/420/294/506/34 IPC. The same was communicated to Collector & District Magistrate, 3 Sundergarh vide letter No. 3080 dtd. 03.11.2021 by Superintendent of Police, Rourkela.
5. The Tahasildar, Biramitrapur has cancelled the lease deed due to violation of Rule 33(1) & (2) of Odisha Minor Minerals Concession Rules, 2016 for non-deposition of royalty by the Lessee, Sri Amit Kumar Sahoo. Further an amount of Rs.
12,89,528/- which was deposited by the Lessee as security deposit has been forfeited on dtd.22.11.2021 due to violation as stated above.
Subsequently the Teterkela Sand Bed was put to auction on dtd.20.01.2022 and Sri Karnel Minz of village Kuarmunda was declared successful bidder. Accordingly Tahasildar, Biramitrapur has applied for revised Environment Clearance to State Environment Impact Assessment Authority, Bhubaneswar, Odisha on dtd. 07.02.2022 vide proposal No. SIA/OR/MIN/255419/2022. Further Tahasildar, Biramitrapur has obtained revised approved mining plan from Deputy Director, Geology, Zonal Survey, Sambalpur on dtd. 12.01.2022.
6. A joint enforcement involving Tahsildar, Biramitrapur & Bisra Police Station was conducted on dtd. 22.11.2021 and Rs. 30,000/- was realized vide Touzi Misc. case No. 129/21, 130/21 against Sibal Jhara, S/o-Madan Jhara village- Jahartoli, District-Sundergarh, Sri Dillip Kumar Agarwal, S/o- Satyanarayan Aggarwal, Village-Jaharatoli, District- Sundergarh, and Smt. Padmabati Kujur, Village-Jaharatoli, District-Sundergarh, owners of Transporation vehicle respectively. Further on dtd. 26.11.2021, 1 (one) JCB, 3 (three) trippers, 7 (seven) tractors were seized for illegal lifting of sand and Bisra Police Station case No. 142 dtd. 26.11.2021 was instituted.
4
7. As per rule 32 (1) of Odisha Minor Minerals Concession Rules, 2016 the lessee has deposited at Environmental Management Fund of Rs. 2,24,250/- (Two Lakhs Twenty Four thousand two fifty) towards restoration, repair, rehabilitation required to be undertaken for adjoining or external damage outside the quarry caused by mining activities.
Recommendation:
1-The Committee recommended for proper pillar posting of newly auctioned Teterkela Sand Bed.
2-The District Administration should maintain the transportation route that will be used for transportation of sand on regular basis."
6. From a perusal of the Report, what we find is that the earlier lessee Shri Amit Kumar Sahoo has obtained approved mining lease with a validity of five years from the lease deed agreement of 12.02.2021 with validity upto 11.02.2026. Environmental Clearance was also granted by State Environment Impact Assessment Authority (SEIAA), Bhubaneswar, Odisha, on 26.11.2020 and the Consent to Establish was granted on 12.01.2021 and Consent to Operate for operation of sand mining of 6500 cubic meters per annum was also granted on 20.01.2021 with a validity upto 31.03.2021. The lessee was issued transit pass of 3000 cubic meters by the Tehsildar-
Biramitrapur on 12.02.2021, 30.03.2021 and 19.05.2021 for two quarters from 12.02.2021 to 12.08.2021 and the mining operation was conducted upto the onset of monsoon.
7. The Committee Report further mentions that the lessee Shri Amit Kumar Sahoo was arrested on 10.10.2021 due to his involvement in a banned organization and a Police Case No. 179 dated 5 10.10.2021 under Section 341/323/353 of IPC and 25(1)(a)/27(2) of Arms Act, was registered against him in the Raghunathpalli Police Station. The Report further mentions that another Police Case No. 171 dated 31.08.2021, under Section 448/420/294/506/34 was registered against the lessee in the Uditnagar Police Station which was communicated to the Collector & District Magistrate, Sundergarh vide letter no. 3080 dated 03.11.2021 by the Superintendent of Police, Rourkela.
8. It is also disclosed by the Committee in its report that the Tehsildar-Biramitrapur has cancelled the lease deed due to violation of Rule 33 (1) & (2) of Odisha Minor Minerals Concession Rules, 2016 for non-deposition of royalty by the lessee Shri Amit Kumar Sahoo. Further an amount of Rs. 12,89,528 (Rupees Twelve Lakhs Eighty Nine Thousand Five Hundred Twenty Eight) which was deposited by the lessee as security deposit has been forefeited on 22.11.2021.
9. The Report further discloses that the Teterkela Sand Bed was put to auction on 20.01.2022 and one Shri Karnel Minz of Village- Kuarmunda was declared the successful bidder. The Tehsildar- Biramitrapur has also applied for revised Environmental Clearance to the State Environment Impact Assessment Authority (SEIAA), Bhubaneswar, Odisha, on 07.02.2022 and the Mining Plan has also been approved by the Deputy Director, Geology, Zonal Survey, Sambalpur on 12.01.2022. It is also stated that a sum of Rs. 30,000/- (Rupees Thirty Thousand only) has also been realized vide Touzi Miscellaneous Case No. 129/21, 130/21 and 131/21 against Siblal Jhara, S/o Madan Jhara, Village-Jahartoli, District- Sundergarh, Shri Dillip Kumar Agarwal, S/o Satyanarayan 6 Aggarwal, Vilage-Jaharatoli, District-Sundergarh, and Smt. PadmabatiKujur, Village-Jaharatoli, District-Sundergarh, the owners of transport vehicles illegally lifting the sand. Further, on 26.11.2021, one JCB, three trippers, seven tractors were seized for illegally lifting of sand and Bisra Police Case No. 142 dated 26.11.2021 has been instituted against them.
10. The Report further mentions that for violations of Rule 32 (1) of Odisha Minor Minerals Concession Rules, 2016, the erstwhile lessee Shri Ajit Kumar Sahoo has deposited Rs. 2,24,250/- (Rupees Two Lakhs Twenty Four Thousand Two Hundred Fifty only) in the Environment Management Fund towards restoration, repair, rehabilitation which is required to be undertaken for adjoining area or external damage outside the quarry caused by mining activities.
11. The Committee has also recommended for posting of appropriate pillars of the newly auctioned Teterkela Sand Bed and for proper maintenance of transportation route to be used for transportation of sand on a regular basis.
12. Shri Nikhil Pavan Kalyan, District Collector, Sundergarh, Odisha, is present before us in Virtual Court Proceedings and states that temporary transportation route created for transportation of sand has already been removed. He further states that the area from where the sand has been mined has created a trough, which needs to be filled up which will be done within ten days.
13. From a perusal of the documents on record and statement made by the District Collector, Sundergarh, we are of the view that nothing further remains to be adjudicated in the present case. We, therefore, dispose of this Original Application with a direction that the recommendations given in the Committee's Report regarding 7 proper pillar posting of newly auctioned Teterkela Sand Bed and maintenance of transportation route to be used for transportation of sand on regular basis be carried out by the District Administration within one month.
14. We further direct that the amount of Rs. 2,24,250/- (Rupees Two Lakhs Twenty Four Thousand Tow Hundred Fifty only) which was deposited in the Environment Management Fund shall be utilized by the District Administration for restoration, repair, rehabilitation of the area on account of the environmental damage/degradation which may have been caused to adjoining or outside the sand quarry due to illegal mining activities of the erstwhile lessee Shri Amit Kumar Sahoo.
15. We also direct the District Magistrate, Sundergarh to ensure continuous monitoring of the sand mining activity and to check illegal mining in the Sundergarh District.
16. There shall be no order as to costs.
.....................................
B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM February 22, 2022 Original Application No. 117/2021/EZ AK 8