Mohanty vs State of Odisha - Non-compliance with NGT Order
Summary
The National Green Tribunal (NGT) issued a show cause notice to the Divisional Forest Officer, Khordha, for failing to file a compliance report as directed. The NGT warned of potential arrest and civil prison if compliance is not achieved within one month, and also notified the Chief Secretary and Advocate General of Odisha.
What changed
The National Green Tribunal (NGT) has issued a show cause notice to the Divisional Forest Officer of Khordha for repeated non-compliance with tribunal orders, specifically failing to file a compliance report by the stipulated deadlines. This action escalates the NGT's enforcement measures, indicating a serious disregard for its directives.
The Divisional Forest Officer must now file a reply to the show cause notice and the outstanding compliance report within one month. Failure to comply could result in arrest and detention in civil prison, as well as attachment of properties and salary. The NGT has also escalated the matter to the Chief Secretary and Advocate General of Odisha, signaling potential broader administrative consequences for non-compliance within the state's environmental agencies.
What to do next
- File reply to show cause notice within one month.
- File compliance report within one month.
- Ensure compliance with NGT orders to avoid arrest and further punitive action.
Penalties
Potential arrest and detention in civil prison, attachment of properties including salary, and filing of a complaint under Section 26 of the National Green Tribunal Act, 2010.
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1. Bishnupriya Mohanty D/O-Late Kelu ... vs 1. State Of Odisha Represented By ... on 11 March, 2026
Item No.06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Miscellaneous Application No.33/2025/EZ
In
Original Application No.138/2024/EZ
Bishnupriya Mohanty Applicant
Versus
State of Odisha & Ors. Respondents
Date of hearing: 11.03.2026
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).
Respondents: None for the respondents.
ORDER 1. Vide order dated 31.10.2025, notice was ordered to be issued to the
Divisional Forest Officer, Khordha for filing compliance report in terms of
order dated 29.01.2025 passed in O.A. No. 138/2024/EZ for filing his
compliance report within one month.
- However, no report was filed by the Divisional Forest Officer,
Khordha.
- On 08.01.2026, in the course of hearing, Mr. Gajanand, Divisional
Forest Officer, Khordha was joined in the proceedings through telephonic
call and he had sought some reasonable time to file his response.
- In the interest of justice, request was allowed and the Divisional
Forest Officer, Khordha was directed to file the compliance report within
two months.
- However, no compliance report has been filed by the Divisional
Forest Officer, Khordha.
- Show cause notice be issued to the Divisional Forest Officer,
Khordha as to why complaint under Section 26 of the National Green
Tribunal Act, 2010 be not ordered to be filed against him for non-
compliance of the order passed by this Tribunal and as to why order
passed by this Tribunal be not executed by his arrest and detention in
Civil prison.
- Reply to show cause notice may be filed by the Divisional Forest
Officer, Khordha within one month.
- Compliance report may also be filed by the Divisional Forest
Officer, Khordha within one month.
- It is clarified here that in case of any further non-compliance by the
Divisional Forest Officer, Khordha, this Tribunal shall be constrained to
immediately issue warrant of arrest against him for his arrest and
production before this Tribunal and also issuing conditional order for
attachment of his including properties including salary in accordance
with the provision of the Code of Civil Procedure, 1908.
- In view of default for a very long period of time, we are also
constrained to direct that the matter of non-compliance of order passed
by this Tribunal be also brought to the notice to the Chief Secretary,
Government of Odisha and Ld. Advocate General, Odisha for issuing
appropriate instructions for ensuring that concerned officers of the
Government of Odisha must comply with the orders passed by this
Tribunal and ensure filing of appropriate reports/responses and also
their representation before this Tribunal through duly authorized
Counsel/representative.
List on 21.04.2026 for further proceedings/orders.
A copy of this order may also be sent to the Chief Secretary,
Government of Odisha, Ld. Advocate General, Odisha and the Divisional
Forest Officer, Khordha by email and speed post for requisite compliance.
Arun Kumar Tyagi, JM
Dr. A Senthil Vel, EM
March 11th, 2026
Miscellaneous Application No.33/2025/EZ
In Original Application No.138/2024/EZ
SN
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