JUDGMENT

PRESENT:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

HON’BLE DR. ARUN KUMAR VERMA (EXPERT MEMBER)

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Reserved On:- 22^nd September, 2023 Pronounce On:- 27^th September, 2023 __________________________________________________________________

1. Whether the Judgment is allowed to be published on the net? Yes

2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

Heard the learned Counsel for the Applicants as well as the learned Counsel for the Respondents and perused the documents on record.

2. This Original Application has been registered by the New Delhi Bench of the National Green Tribunal on a letter petition sent by the Applicant, Ramesh Kumar Nayak as Original Application No.262/2023.

3. Grievance raised in the letter petition is that illegal sand mining and excavation of minor minerals using heavy machines in violation of environmental laws and norms by Marthapure-1 Sand quarry and other sand quarry lessees functioning at Tehsil, Buhal, Dhenkanal is being carried on. It is alleged that mining activities are going on at various places in the river bed digging beyond 2.5 to 3 mtrs. deep trenches in the river bed; the authorities are turning blind eye to the activities and that is why illegal mining activities are going on unabatedly.

4. The Original Application was subsequently transferred to the Eastern Zone Bench of the National Green Tribunal and has been re-numbered as Original Application No.67/2023/EZ.

5. The Respondent No.1, Odisha State Pollution Control Board has filed affidavit dated 04.08.2023. Along with this affidavit, an Inspection Report has been filed of an inspection carried out on 05.07.2023. The Inspection Report of the Joint Committee reads as under: -

“Joint Committee report in the matter of Ramesh Kumar Nayak Vs State of Odisha (Original Application no. 67/2023(EZ) arising out of O.A. No.262/2023) dated 05.07.2023 before Hon’ble NGT Eastern Zone Bench, Kolkata BACKGROUND:

The Hon’ble National Green Tribunal, Principal Bench, New Delhi in OA No. No.262/2023 in the matter of Ramesh Kumar Nayak Vs. State of Odisha vide its order dated 25.05.2023 passed order to constitute a committee comprising the following members;

a) State PCB, b) District Magistrate, Dhenkanal and c) Director, Mines and Geology, Dhenkanal.

The Hon’ble NGT, Principal Bench, New Delhi passed the following order on dated 25.052023 that;

“The Committee shall visit the site, collect relevant information and submit factual report within two months.”

In response to the above referred order of the Hon’ble National Green Tribunal, Principal Bench, Delhi in Original Application No.262/2023, the committee comprising following authorized officials have jointly visited the area in question on 05.07.2023 to verify the allegations made in the Original Application;

a) Shri Udaya Kumar Mohapatra, OAS(S), Additional District Magistrate, Dhenkanal b) Sri Dharmendra Sharma, Joint Director, Geology, Dhenkanal c) Er. Ramesh Kumar Ekka, Regional Officer, SPC Board, Angul Following were also present during the visit to support the committee.

i. Sri. Anshuman Mahapatra, Tahsildar, Bhuban, Dhenkanal ii. Sri Soumya Ranjan Kuanr, Asst. Env. Scientist, SPC Board, Angul iii. Smt. Itishree Bighnabinasini Ranajit, Revenue Superviser, Bhuban Tahasil iv. Ms Silan Prava Sahoo, R.I, Marthapur.

1. Observations:

1. It was observed and learnt during visit from the Tahasiladar that some quantity of sand from the Marthapur sand quarry-1(4.89 Ha.) has been excavated during the period 2022-23 for which the consent to operate was granted by the State PCB, valid up to 31.03.2023 vide Board’s letter No.1420 dtd.04.05.2022. As reported by the Tahasildar, Bhuban, the mining activities have been suspended since 31.03.2023. It was observed that, the depth of the mining activities has been done above the water level which is as per the guidelines. However, ne