Pratap Chandra Mohanty vs. State of Odisha - Environmental Protection

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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](https://indiankanoon.org/doc/91685705/) 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."

1. 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.

1. 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.

1. 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.

1. We have heard learned Counsel for the applicant and gone through

the material on record.

1. 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](https://indiankanoon.org/doc/91685705/).

1. 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

1. Report of the Joint Committee may be filed within one month.

2. Notice of the application along with copies of the documents

attached with the same is also ordered to be issued to the respondents.

1. Ms. Papiya Banerjee Bihani, learned counsel has appeared and

accepted notice on behalf of respondent no.9- Odisha State Pollution

Control Board.

1. Ms. Rashhmi Singhee, learned counsel has appeared and accepted

notice on behalf of respondent no.10- SEIAA, Odisha.

1. The Registry is directed to issue notices to respondents no. 1 to 8,

11 and 12.

1. Replies/responses by the respondents may be filed within one

month.

1. List on 22.04.2026 for further consideration.

2. 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