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Priority review Enforcement Amended Final

Dillip Kumar Samantara vs State Of Odisha - Environmental Case Adjournment

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Filed March 12th, 2026
Detected March 28th, 2026
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Summary

The National Green Tribunal (Eastern Zone Bench, Kolkata) adjourned a hearing concerning compliance with a previous order due to a stay granted by the Orissa High Court on the original order. The Tribunal noted that further adjournments would serve no useful purpose while the High Court appeal is pending.

What changed

The National Green Tribunal (NGT) Eastern Zone Bench in Kolkata has adjourned proceedings in Miscellaneous Application No. 35/2023/EZ and Miscellaneous Application No. 11/2024/EZ, which relate to Original Application No. 83/2022/EZ. The adjournment is necessitated by an order dated 12.10.2023 from the Hon'ble High Court of Orissa in Writ Appeal No. 2282/2023, which stayed the operation of the NGT's original order dated 18.04.2023. The NGT acknowledged that the Writ Appeal is still pending and that continuing to adjourn the matter would not be productive.

Compliance officers and legal teams involved in this matter should note that the NGT has indicated that no useful purpose will be served by further adjournments pending the resolution of the Orissa High Court's Writ Appeal. The Tribunal's decision to adjourn suggests a deferral of enforcement actions related to the original NGT order until the High Court provides a final ruling. Parties should monitor the progress of Writ Appeal No. 2282/2023 for any updates that may impact the underlying environmental compliance obligations.

What to do next

  1. Monitor the progress of Writ Appeal No. 2282/2023 before the Hon'ble High Court of Orissa.
  2. Assess potential impact of the High Court's stay order on compliance obligations related to NGT's order dated 18.04.2023.

Source document (simplified)

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Dillip Kumar Samantara S/O Lingaraj ... vs State Of Odisha Represented By Chief ... on 12 March, 2026

Items No.08 & 09 Court No.1

           BEFORE THE NATIONAL GREEN TRIBUNAL
              EASTERN ZONE BENCH, KOLKATA
          (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

             Miscellaneous Application No.35/2023/EZ
                                And
             Miscellaneous Application No.11/2024/EZ
                                  In
                Original Application No.83/2022/EZ

Dilip Kumar Samantaray & Anr. Applicants

                                Versus

State of Odisha & Ors. Respondents

Date of hearing: 12.03.2026
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER

Applicants: Mr. Sankar Prasad Pani, Advocate for Original Applicants in O.A.
No. 83/2022/EZ-Applicants in M.A. No. 35/2023/EZ (through
VC).

Respondents: Mr. Apurba Ghosh, Advocate for respondent no.13 (through VC).
Mr. Biranchi Narayan Mahapatra, Advocate for respondent no. 17
in O.A. No. 83/2022/EZ-Applicant in M.A. No.11/2024/EZ
(through VC).
(Notices have not been issued to respondents no.1 to 12 and 14
to 18.

                               ORDER 1.    The applicants filed Original Application No. 83/2022/EZ which

was disposed of vide order dated 18.04.2023.

  1. The applicants filed M.A. No. 35/2023/EZ for requiring

respondents to submit what steps have been taken to implement order

dated 18.04.2023 and showing cause as to why criminal proceedings be

not initiated against them.

  1. Respondent no. 17 filed M.A. No. 11/2024/EZ for dismissal of M.A.

No. 35/2023/EZ in view of order dated 08.01.2024 passed by Hon'ble

Orissa High Court in W.P. (C) No. 26730/2023, [Agarwal Infrabuilt Pvt.

Ltd. vs. State of Odisha & Ors](https://indiankanoon.org/doc/161401582/).

  1. Vide order dated 02.05.2024, notices were issued to the

respondents.

  1. In the course of hearing, it was pointed out that in Writ Appeal No.

2282/2023 Jugal Kishore Mishra vs. State of Odisha & Ors. operation of

order dated 18.04.2023 had been stayed by the Hon'ble High court of

Orissa vide order dated 12.10.2023 and the abovesaid Writ Appeal is still

pending.

  1. This Tribunal has already adjourned the case for more than ten

dates in view of the pendency of the above said Writ Appeal.

  1. Disposal of the above said Writ Appeal is likely to take some time.

No useful purpose will be served by repeatedly adjourning the matter

during pendency of the abovesaid Writ Appeal. No prejudice will be

caused to the parties if the present Miscellaneous Application is

adjourned sine die as any of the parties may move this Tribunal for

revival thereof.

  1. Accordingly, the present Miscellaneous Application is adjourned

sine die with liberty that any of the parties may move this Tribunal for

revival thereof after decision of the abovesaid Writ Appeal by Hon'ble

High Court of Orissa.

Arun Kumar Tyagi, JM

                                                  Dr. A Senthil Vel, EM

March 12th, 2026
Miscellaneous Application No.35/2023/EZ
And Miscellaneous Application No.11/2024/EZ
In Original Application No.83/2022/EZ
SN

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
NGT
Filed
March 12th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Substantive
Document ID
Original Application No.83/2022/EZ / Miscellaneous Application No.35/2023/EZ / Miscellaneous Application No.11/2024/EZ
Docket
MA 35/2023/EZ MA 11/2024/EZ OA 83/2022/EZ

Who this affects

Activity scope
Environmental Compliance
Geographic scope
IN IN

Taxonomy

Primary area
Environmental Protection
Operational domain
Legal
Topics
Judicial Administration Civil Procedure

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