NGT directs state to pay ex-gratia for quarry landslide deaths, recover over-extraction and environmental penalties, holding district administration accountable for compensation and enforcement.

ORDER

1. Mr. Sankar Prasad Pani, assisted by Mr. Ashutosh Padhy, learned Counsel is present on behalf of the Applicant.

2. Affidavit dated 15.01.2025 has been filed on behalf of the Respondent No.12, Director General of Mine Safety, Government of India; the same is taken on record.

3. Mr. Raman Yadav, learned Counsel appearing (in Virtual Mode) on behalf of the State Respondents, Government of Odisha. The District Magistrate is the head of the District Administration cannot shirk his responsibility from filing counter affidavit.

4. Notice was issued to the Respondent No.13 but till date no counter affidavit has been filed. On 10.01.2025 also, no one has appeared on behalf of the Respondent No.13 nor has any counter affidavit been filed. We had granted time to the Respondent No.13 to file counter affidavit till the next date of listing by way of last chance. Today also no one has appeared nor has any counter affidavit been filed.

(Final order of the said case will be uploaded in website in separate sheets of paper).

ORDER

1. Mr. Sankar Prasad Pani, assisted by Mr. Ashutosh Padhy, learned Counsel is present on behalf of the Applicant.

2. The Applicant in this Original Application has alleged rampant stone quarrying in Dankari Hill in particular and unscientific stone quarries in the entire District Jajpur in general.

3. It is alleged that on 15.05.2024 an accident occurred when a stone mine quarry collapsed due to which five people got trapped under the debris of the said stone quarry resulting in the death of three people. It is stated that the labourers were engaged in quarrying of black stone, copy of the news article dated 17.05.2024 published in Orissa Post has been filed with the Original Application.

4. It is also alleged that similar issues and accidents have occurred in other stone quarries in the District-Jajpur, Odisha, between 2017 and 2024, list of which has been filed in para 3 of the Original Application which reads as under:-

5. It is stated that the Respondent No.13 was granted Environmental Clearance (EC) on 06.05.2022 for operation of quarry on Plot No.128 (P) & Plot No.45 (P), Khata No.465, over an area of 4.00 acres in Tahasil-Dharmsala, District-Jajpur, Odisha.

6. It is stated that the quarry operation is taking place in the catchment area of Ranibandha Minor Irrigation Project (MIP) and the said Ranibandha MIP is just 200 meters away from the nearest quarry and the Irrigation Project is badly affected due to blasting activities and is also getting stocked in the upper elevation of the quarry and does not reach the dam. It is stated that one mega stone crusher is also operating in close proximity of the said Minor Irrigation Project.

7. It is alleged that the Respondent No.13 was granted Consent to Operate on 18.04.2024 for the quarry in question without proper site verification and without periodic inspection being carried out by the State Pollution Control Board.

8. It is also alleged that the Respondent No.13 is carrying on excess mining in mining pits; carrying on uncontrolled blasting and damage to houses; carrying capacity of road and damage to road; there is dust a