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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Prahallad Biswal – Appellant
Versus
Ajay Behera – Respondent
| Table of Content |
|---|
| 1. factual background of mining lease and operations. (Para 2) |
| 2. petitioner's claims regarding illegal mining and obligations. (Para 3) |
| 3. detailed arguments against tribunal's conclusions. (Para 4) |
| 4. maintainability of writ petition and statutory remedies. (Para 5 , 6 , 9) |
| 5. exceptions to alternative remedy rule. (Para 7 , 8) |
| 6. non-consideration of evidence leading to arbitrary decisions. (Para 10 , 11 , 12) |
| 7. principles of natural justice and proportionality. (Para 13 , 14 , 16) |
| 8. final decision to set aside order based on reasoning. (Para 17 , 19) |
| 9. conclusion on writ petition and its disposal. (Para 20 , 21) |
JUDGMENT :
SANJEEB K. PANIGRAHI, J.
1. The petitioner, in the present Writ Petition, assails the order dated 11.02.2025 passed by the National Green Tribunal, Eastern Zone Bench, Kolkata in Original Application No. 122/2023/EZ, whereby environmental compensation of Rs. 96,28,50,175/- has been imposed on the petitioner on the allegation of excess mining beyond the Consent to Establish (CTE).
I. FACTUAL MATRIX OF THE CASE:
2. Succinctly put, the facts of the case are as follows:
(i) Desirous of granting a lease in respect of Damanbhuin Laterite Stone Quarry, District
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