National Green Tribunal
Pratap Chandra Mohanty Aged About 46 ... vs 1. State Of Odisha Represented By Chief ... on 17 March, 2026
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.55/2026/EZ
Pratap Chandra Mohanty Applicant
Versus
State of Odisha & Ors. Respondents
Date of hearing: 17.03.2026
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Sankar Prasad Pani and Mr. Ashutosh Padhy, Advocates for
the applicant (through VC).
ORDER
1. The applicant has filed the present application under Sections 14, 15 and 20 read with Sections 18 (1) and (2) of the National Green Tribunal Act, 2010 seeking following reliefs:-
"
I. Fix the accountability/responsibilities of the concerned Govt.
authorities for their inaction and wilful dereliction of duties causing loss to the state exchequer and damage to the environment.
II. Direct the Deputy Director of Mines, Khordha Circle to prosecute the illegal miners for illegal operation of the quarry without any permission.
III. Direct the DM Khordha to restore the land to its original condition and ensure plantation of trees on the said land. IV. Pass such other orders/directions as may be deemed fit and proper in the bonafide interests of justice."
2. Briefly stated, the applicant has submitted in the application that the mining mafias are lifting morrums and laterite stones illegally from the below mentioned plots:-
"
Tahasil Mouza Khata No. Kissam
Khordha Nial 299 (Plot No. 775 and Gochara
780), 296 (Plot No.
329)
Tangiapada 327 (Plot No. 156) Gochara
1
Aranga 327 (Plot No. 156) Gochara
Jatni Madhupur 232 (Plot No. 492) Chhota
Jungle
"
3. The applicant has further submitted that the applicant verified the website of SEIAA and SPCB and could not find grant of any EC, CTE/CTO for morrum and laterite mining in Khordha and Jatani Tahasil of Khordha district. Chandaka-Damapada Wildlife Sanctuary is adjoining the illegal quarry site and domestic and wild animal got trapped in the pits created due to mining. The Elephant movement is also disturbed as this used to be the pathway. The rain water that used to flow on the natural gradient to the adjoining land got obstructed in the pits. There are pits with more than 50 feet depth. Around 5lakh cubic metre morrum and laterite stone have been extracted illegally.
4. The applicant has further submitted that the mining mafias have cleared number of trees existing over the mining plots. The mining mafias have also uprooted several mature cashew and Acacia trees that existed over the land. No prior permission from the Forest Department or from the Competent Authority has been obtained by any person for this deforestation. Government of Odisha has issued guidelines dated 26.04.2019 but no deterrent action has been taken till date despite the fact that the same require taking of action within 72 hours. The Government of Odisha, Steel and Mines Department issued notification dated 04.12.2024 constituting Sub-Divisional Level Committee and Tahasil level Committee for minor minerals in order to strengthen the enforcement mechanism in the field but in the present case it appears that no such committee has been constituted for enforcement. The Revenue and Disaster Management, Odisha has come out with the resolution dated 28.06.2018 to adopt the technologies to check the illegal mining and responsibilities of authorities to be fixed for failure to 2 curb illegal mining, but no action has been taken as on date. Government of Odisha, Revenue and Disaster management department issued a resolution dated 20.11.2019 for creation of minor mineral enforcement cells in 144 Tahasils including Khordha and Jatani tahasils but enforcement cell is completely inactive as appears from the broad day light theft of the minor minerals.
5. The applicant has further submitted that the local villagers and Applicant many times approached the concerned authorities for action against the illegal mining taking place in different plots under Khordha and Jatani tahasil of Khordha district by making complaints including complaint dated 23.09.2025 and 16.01.2026 but no action has been taken on the same.
6. We have heard learned Counsel for the applicant and gone through the material on record.
7. Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.
8. In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Regional Office, MoEF&CC, Bhubaneswar, Odisha State Pollution Control Board and District Magistrate, Khordha and direct the same to undertake visits to the site, look into the grievances of the applicant, associate the applicant and representatives of the concerned project proponents, verify the factual position and suggest appropriate remedial action. The OSPCB will be the nodal agency for coordination and compliance. 3
9. Report of the Joint Committee may be filed within one month.
10. Notice of the application along with copies of the documents attached with the same is also ordered to be issued to the respondents.
11. Ms. Papiya Banerjee Bihani, learned counsel has appeared and accepted notice on behalf of respondent no.9- Odisha State Pollution Control Board.
12. Ms. Rashhmi Singhee, learned counsel has appeared and accepted notice on behalf of respondent no.10- SEIAA, Odisha.
13. The Registry is directed to issue notices to respondents no. 1 to 8, 11 and 12.
14. Replies/responses by the respondents may be filed within one month.
15. List on 22.04.2026 for further consideration.
16. A copy of this order may be sent to the Regional Officer, Regional Office MoEF&CC, Bhubaneswar, Member Secretary, OSPCB and District Magistrate, Khordha by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. A Senthil Vel, EM March 17th, 2026 Original Application No.55/2026/EZ SN 4