Illegal morrum extraction from revenue forest land without environmental clearance violates EPA & FCA; NGT directs state recovery of CPCB-calculated compensation, limiting jurisdiction to environmental issues excluding minor mineral concessions.

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: -

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 of Khata No.530 and Plot No.550 of Khata No.532 under Mania Village, Tangi-Choudwar Tahasil of