Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 3311

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Srikanta Kumar Pakal – Appellant
Versus
State of Odisha – Respondent
Original Application No.167/2023/EZ|I.A. No.75/2024/EZ|I.A. No.129/2024/EZ

Advocates:
For the Applicant(s): Mr. Sankar Prasad Pani, Mr. Ashutosh Padhy
For the Respondent(s): Mr. D. N. Ray, Mr. Sourav Haldar, Mr. Ashok Prasad, Mr. Dipanjan Ghosh, Mr. Apurba Ghosh, Mr. Surendra Kumar, Mr. Jaydeep Pal

NGT directs recovery of environmental compensation for illegal morrum/laterite extraction on revenue forest land without clearances, affirming jurisdiction over environmental violations but not minor mineral concession disputes (38 words).

Headnote:(A) National Green Tribunal Act, 2010 - Section 14 and Schedule I - Environment (Protection) Act, 1986; Forest (Conservation) Act, 1980 - Illegal extraction of minor minerals (morrum/laterite) for linear railway project without environmental clearance - Temporary permit issued for limited quantity but substantial illegal excavation found from revenue forest land (Jungle-II kissam) and permitted plots - Excavation on forest land without Central Government approval violates Forest (Conservation) Act - NGT constitutes joint committee which quantifies violation volume at 8,48,395.7 cum, computes environmental compensation at Rs.1,20,10,000/- and total dues at Rs.42,45,41,206/- including royalty, DMF, EMF, additional charges and penalty - No environmental clearance or consents obtained despite mandatory requirement under EIA Notification, 2006 - Directions issued to State respondents to recover environmental compensation after hearing violator - Jurisdiction limited to environmental violations, not minor mineral concession rules disputes - Exemption under MoEF&CC Notification for ordinary earth borrowing in linear projects inapplicable to illegal extraction beyond permitted limits on forest land. (Paras 4, 5, 7, 8, 11, 29, 33-36)

(B) Natural Justice - Opportunity of hearing mandatory before recovery of environmental compensation - Tribunal refrains from opining on quantum to avoid prejudicing violator's judicial remedies. (Para 36)

(C) Interlocutory Applications - Prayer to quash enquiry report under minor mineral rules not maintainable before NGT; non-joinder of other contractors rejected as violations specifically established against named violator through site reports, payments and records. (Paras 16-17, 31, 37-38)

Facts of the case:
Applicants alleged illegal lifting of 20 lakh cum morrum/earth by contractor for railway earthwork from specified plots including revenue forest land without permissions, environmental clearance or consents. Prior royalties/penalties realized for violations. Joint committee inspected sites, confirmed massive illegal excavation using drone survey, absence of clearances and forest land violations.

Findings of Court:
Violations of environmental laws and Forest (Conservation) Act established against contractor; State respondents directed to recover environmental compensation per law post-hearing; I.A. for quashing enquiry dismissed for want of jurisdiction; I.A. for dismissal on non-joinder rejected.

Issues: (1) Whether illegal minor mineral extraction occurred without clearances on forest/permitted land; (2) Validity of committee report and environmental compensation; (3) Jurisdiction over minor mineral penalty disputes; (4) Necessity of impleading other contractors.

Ratio Decidendi: NGT has jurisdiction over environmental violations under Section 14 including illegal mining on forest land without approvals; extraction for linear projects requires clearances if beyond exemptions and on restricted land; recovery of compensation directed without prejudicing quantum challenges; other contractors irrelevant where violations pinned to specific party via evidence.

Result: Original Application disposed with directions; I.A. No.75/2024/EZ disposed; I.A. No.129/2024/EZ dismissed. No costs.

Table of Content
1. illegal morrum extraction without ec or permissions (Para 2 , 3 , 4 , 12 , 13)
2. ngt committee findings confirm violations and quantities (Para 5 , 6 , 7 , 8)
3. railway contract involves morrum despite earthwork label (Para 9 , 10 , 14 , 20 , 21 , 22 , 23 , 24 , 25)
4. respondent-13 solely responsible; no other contractors needed (Para 15 , 17 , 18 , 19 , 26 , 35)
5. habitual illegal mining with penalties imposed (Para 27 , 28 , 29)
6. ngt jurisdiction limited to environmental violations (Para 30 , 31 , 32 , 33 , 34 , 36)
7. direct recovery of ec; ias disposed/dismissed (Para 37 , 38)

ORDER

1. Mr. Sankar Prasad Pani, assisted by Mr. Ashutosh Padhy, learned Counsel is present (in Virtual Mode) on behalf of the Applicants.

2. The allegation in the present Original Application is that the Respondent Nos.13 is constructing a 3^rd line railway track from Bhadrak to Nergundi for which the earthbed is constructed by taking earth/Morrum from various places including Plot No.1606, Khata No.529 under Mania village, Khata No.530, Plot No.48 and Khata No.532, Plot No.550 under the Panchayat Uchapada under Tangi Choudwar Tahasil. It is alleged that about 20 lakh cubic meters of Morrum has been illegally lifted/extracted from various places in Cuttack district. Allegation also is that illegal Morrum mining being carried out on Revenue Forest Land of different villages and trees have been felled by the Respondent No.13 for mining Morrum.

3. It is also alleged that for construction of the railway line, thousands of truckloads of Morrum have been illegally lifted by the Respondent No.13 in Tangi-Choudwar Tahasil without any valid permission or N.O.C. from the Uchapada Gram Panchayat under Tangi-Choudwar Tahasil. It is also alleged that vide Receipt dated 27.05.2020, the Tahasildar had collected royalty of Rs.1,50,000/- (Rupees one lakh fifty thousand only) and penalty of Rs.49,500/- (Rupees forty-nine thousand five hundred only) from the Respondent No.13 for illegally extracted Morrum. The details of the Khata and Plot of the land from where the Morrum and Soil are alleged to have been lifted in Tangi Choudwar Tahasil are given in a Table in para 15 which reads as under: -

“Sl. No.	Kisam	Khata No.	Plot No.
1	Jungle two	532	550
2	Patita	529	1606
3	Uncultivable waste land	530	48”

4. It is alleged that Morrum is a minor mineral and cannot be lifted from source without a Environmental Clearance issued by the State Environment Impact Assessment Authority (SEIAA for short), with Approved Mining Plan and Consent from the State Pollution Control Board but no such documents are there in the present case for carrying out the illegal mining of Morrum.

5. At the time of admission, this Tribunal constituted a Committee comprising of the following members:-

i) Senior Scientist, Odisha State Pollution Control Board;

ii) District Mining Officer, Cuttack;

iii) District Collector, Cuttack or his representative Officer not below the rank of Additional District Magistrate (A.D.M.); and iv) Divisional Forest Officer, Cuttack

6. The Committee was directed to visit the site and submit its report with regard to the allegations made in the Original Application.

7. The Respondent No.9, State Pollution Control Board, Odisha, has filed affidavit dated 09.02.2024 and along with this affidavit, an Inspection Report of an inspection of the site carried out on 18.12.2023 has been filed which reads as under:-

“REPORT OF THE COMMITTEE CONSTITUTED BY THE HON’BLE NGT VIDE THEIR ORDER DTD. 23.11.2023, IN THE MATTER OF OA NO. 167/2023/EZ- SRIKANTA KUMAR PAKAL & ORS VERSUS STATE OF ODISHA & ORS I. BACKGROUND:

1. An application has been filed by Srikanta Kumar Pakal & Ors before the Hon’ble NGT, EZB vide OA No.167/2023/EZ alleging that the Respondent No. 13 i.e., M/s. Shanti Construction Pvt. Limited is constructing a third line railway track from Bhadrak. to Nergundi for which the earthbed is constructed by taking earth/morrum from various places including Plot No.1606 of Khata No.529, Plot No.48

Click Here to Read the rest of this document

2024 Supreme(Online)(NGT) 3311

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert MemberSrikanta Kumar Pakal – AppellantVersusState of Odisha – RespondentOriginal Application No.167/2023/EZ|I.A. No.75/2024/EZ|I.A. No.129/2024/EZ

NGT directs recovery of environmental compensation for illegal morrum/laterite extraction on revenue forest land without clearances, affirming jurisdiction over environmental violations but not minor mineral concession disputes (38 words).

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Srikanta Kumar Pakal – Appellant
Versus
State of Odisha – Respondent
Original Application No.167/2023/EZ|I.A. No.75/2024/EZ|I.A. No.129/2024/EZ