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ORISSA HIGH COURT
PRAHALLAD BISWAL – Appellant
Versus
AJAY BEHERA – Respondent
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 Khordha, the Tahasildar, Tangi issued a notice for auction, whereupon the petitioner was selected as the preferred bidder. On 12.08.2021, the petitioner was directed to deposit the royalty and execute an agreement.
(ii) The Tahasildar, Tangi obtained environmental clearance for mining of laterite stone at the Damanbhuin Laterite Stone Quarry, District Khordha on 06.07.2021 from the Ministry of Environment, Forest and Climate Change, Government of India. The environmental clearance was subsequently transferred in favour of the petitioner on 15.03.2022.
(iii) Thereafter, the Tahasildar, Tangi and the petitioner executed a mining
Environmental compensation must adhere to principles of natural justice and proportionality, ensuring that penalties correlate with actual damage and supported by robust evidence.
The NGT must adhere to principles of natural justice and cannot abdicate its adjudicatory role to committees; fair hearing is essential in decisions regarding environmental compensations.
Illegal mining activities necessitate strict compliance with environmental regulations and adequate compensation mechanisms, emphasizing preventive measures and restorative actions.
Permitting mining activities in Eco-Sensitive Zones without proper environmental clearance is illegal, highlighting the need for adherence to environmental laws for ecological preservation.
Regulatory enforcement of environmental conditions is critical in mining operations to prevent degradation and ensure compliance.
Environmental violations can lead to substantial penalties and require Environmental Clearances. The National Green Tribunal has jurisdiction to enforce compliance with environmental laws.
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