National Green Tribunal Order on Sand Mining Violations

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Rajani Kanta Padhy C/O- Hadu Padhy Aged ... vs 1. State Of Odisha Represented By Chief ... on 17 March, 2026

Item No.01 Court No.1

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

                        Original Application No.54/2026/EZ

Rajani Kanta Padhy 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 present Original Application under Sections

14 and 15 read with Section 18 of the National Green Tribunal Act, 2010

seeking following reliefs:-

"
i. Direct the SEIAA and SPCB to revoke the EC and CTO for
violation of Environment Clearance and Consent to Operate
conditions
ii. Direct the DM Ganjam to evict the Private respondent from
illegally encroached Gramya Jungle land bearing Khata No.-
556, Plot No.- 4603, Mouza-Kharida And to inquire into the
fake/ counterfeit transit pass created/ manufactured/fabricated
by the Private Respondent transportation of sand from the sand
source.

iii. Direct the District Collector to initiate Criminal Proceedings
against the Private Respondent for causing loss to the exchequer
and violation of terms of mining lease and realise the
environment compensation and cost of the mined out sand from
the private respondent(lessee).

iv. Fix the accountability of Government Respondents for lapses on
their part for their inaction in enforcing the laws regulating the
sand mining.

v. Call for a status report from Chief Secretary on implementation
of Enforcement and Monitoring Guidelines for sand mining 2020,
and mechanism to monitor exact quantity of sand extracted and
transported from a source
vi. Direct the Chief Secretary to make sure GPS TRACKING OF
VEHICLES and CCTV at the sand sources connected to a central
server MANDATORY FOR MINING OPERATION for all sand
mining leases."

1 2. The applicant has submitted that Environmental clearance for the

project in question was granted on 13.12.2024 in favor of Respondent no. 9-

Kiran Kumar Panda for operation of Kharida Sand Bed on junction of

Rushikulya & Ghorahara River over an area 5.261 ha at Khata No-554, Plot

No-4553/1 & 4532/1, Village- Kharida, Tehsil Hinjilicut, District- Ganjam.

Respondent no. 9-Kiran Kumar Panda obtained CTO dated 16.01.2025 from

Odisha State Pollution Board (OSPCB) valid up to 31.03.2026.

1. The applicant has raised grievances regarding mining in violation of

EC, CTE/CTO conditions, guidelines and environmental norms. In the

application, the applicant has mentioned the following violations:-

i. Respondent no. 9 is extracting sand beyond the permissible

limit by using heavy machineries like excavators.

ii. Respondent no. 9 has obstructed the free flow of water by
stacking sand in the water course of the river.
iii. Respondent no. 9 is operating the quarry by using heavy
machines/ JCB.

iv. No ARSS report has been filed by respondent no. 9 as
verified from the website of PARIVESH portal.
v. No pillars have been fixed by respondent no. 9.
vi. Respondent no. 9 is excavating sands by using JCB machine
to a depth of around 5 metre depth.

vii. Respondent no. 9 is extracting 1700cum of sand per day
much beyond the permissible quantity.
viii. Respondent no. 9 is extracting sands from the No Working
Zones as prescribed in the Environmental clearance by
obstructing the free flow of water and also doing in-stream
mining by engaging heavy machines.

ix. Respondent no. 9 is transporting sand loaded heavy vehicles
through densely populated villages namely Sikiri and
Kharida without any prior permission from the competent
authorities.
2
x. Respondent no. 9 is transporting the overloaded vehicles
without covering with tarpaulin through densely populated
villages.

xi. No half yearly compliance report has been filed by
respondent no. 9 as verified by the complainant from the
parivesh portal.

xii. Respondent no. 9 is operating the quarry in question during
night time and during operating excessive noise is generated
for which the local villagers are suffering a lot.
xiii. There exists a water barrage namely Hiradharabati Irrigation
Project having catchment area of 5800Sq K.M. at around
462 meter away from the mining lease area, and the
mechanical mining poses significant risks to the structural
integrity of the infrastructure and the surrounding
ecosystem, hence the mining in close proximity to the water
barrage needs to be stopped immediately.
xiv. Respondent no. 9 is carrying out mining activities within 500
meters of the water barrage.

xv. Respondent no. 9 has not taken any steps for strengthening
the village road rather due to plying of heavy sand loaded
vehicles of Respondent no. 9 village road has been damaged
completely for which the villagers are facing huge
inconvenience while using the road.

xvi. Respondent no. 9 has illegally encroached a piece of forest
land over Khata No. 556, Plot No. 4605 in Mouza- Kharida,
Under Hinjilicut Tahasil of Ganjam district and over the said
land constructed his camp office, vehicle parking yard and
also piling the illegally extracted sands.
xvii. Respondent no. 9 has illegally felled the trees existed over
the Gramya Jungle kissam land bearing Khata No. 556, Plot
No. 4605 in Mouza- Kharida, Under Hinjilicut Tahasil of
Ganjam district.

xviii. Respondent no. 9 is involved in the fabrication of counterfeit
Transit Permits (Form-Y) to facilitate the illegal
transportation of sand from the Kharida Sand Bed. A specific
instance of this malpractice was observed on 05.01.2026,
involving the blatant duplication of Transit Pass No.
A2512060005/1/37. This single permit was used
concurrently for two distinct vehicles: vehicle OR 16 D 1096 3 (carrying 6 CUM) and vehicle OD 07 BA 9500 (carrying 16
CUM).

xix. The mining takes place all though out day and night using
high-power excavators.

xx. Respondent no. 9 indulged in illegal hoarding and stocking
of the sand over illegally encroached gramya jungle kissam
land bearing Khata No. 556, plot No. 4603 of Mouza-
Kharida and near to lease area.

xxi. The District Administration and Tahasildar have not taken
action in accordance with Odisha Government Guidelines
dated 26.04.2019.

xxii. Superintending Engineer, Berhampur Irrigation Division,
wrote a letter dated 28.01.2022 to Sub- Collector Chatrapur
regarding the threat to the Hiradharabati Anicut. In grant of
Environmental clearance and CTO concern raised by the
Superintending Engineer, Berhampur Irrigation Division has
not been taken into consideration.

xxiii. Acting upon the complaint of Applicant regarding tree felling
from Plot No.- 4603, the Tahasildar Hinjilicut informed the
DFO Berhampur for inquiry but no action has been taken by
the DFO Berhampur.

xxiv. Odisha Sand Policy 2021 was implemented vide resolution
dated 02.09.2021 by Revenue and Dissaster Management
Department, Government of Odisha for stricter monitoring of
sand mining in a sustainable manner but there has been no
implementation of the policy on the ground there by
confining the policy to papers without any action.
xxv. Respondent no. 9 is lifting the sand from in stream of the
river and obstructing the free flow of the river.
xxvi. The vehicles carrying the sand are not covered with
tarpaulin and are overloaded thereby causing air/dust
pollution.

xxvii. There has been no sprinkling of water on Road and because
of transportation of heavy vehicles it causes more air and
dust pollution.

xxviii. The vehicles are operated even in Peak hours which is a
violation of the Environment Clearance Condition
xxix. There is no monitoring of compliance of Conditions of CTO
by the Regional Office of SPCB, Berhampur.

4 xxx. After issuing CTO, the OSPCB did nothing to ensure if the
conditions in the Consent to Operate were complied in letter
and spirit and no action has been taken by the pollution
control board to revoke the consent to operate and ensure
that the mining activity stops.

1. The applicant has submitted that the applicant made complaints

including complaint dated 08.01.2026, 12.01.2026, 01.02.2026 to the

concerned authorities but no action has been taken on the same.

1. We have heard submissions made by learned Counsels for the

applicants 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. Accordingly, notice of the application along with copies of the

documents attached with the same is ordered to be issued to the

respondents.

1. Mr. Dipanjan Ghosh, learned counsel has appeared and accepted

notice on behalf of respondent no.7- Odisha State Pollution Control Board.

1. Mr. Apurba Ghosh, learned counsel has appeared and accepted notice

on behalf of respondent no.8- State Environment Impact Assessment

Authority (SEIAA) Odisha.

1. The Registry is directed to issue notice to respondents no.1 to 6, 9

and 10.

1. Replies/responses by respondents may be filed within four weeks.

5 12. List on 22.04.2026 for further hearing.

Arun Kumar Tyagi, JM

                                             Dr. A Senthil Vel, EM

March 17th, 2026
Original Application No.54/2026/EZ
SN 6