Advocates:
['M/S SARADA PR SARANGI', '', 'P K DASH', 'D DAS', 'P P MOHANTY', 'R K TRIPATHY', 'A K KANUNGO', 'B C MOHANTY', 'B P DAS']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.4227 of 2011

Orissa Manganese and Minerals Ltd.

&.

Petitioners

versus-

State of Orissa and another

&.

Opposite Parties

CORAM: JUSTICE S. PUJAHARI

Order

No.

ORDER

23.03.2022

05.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed

by the Petitioner with a prayer to quash the order dated 23^rd August,

2011 passed by the Opposite Party No.2-Collector, Sundergarh in

Misc. Case No.45 of 2011 initiated under Section 19 of the

Environment (Protection) Act, 1986 as well as the entire criminal

proceeding.

3.

Heard the learned counsel for the Petitioner and the learned

counsel for the State-Opposite Parties.

4.

The grievance of the Petitioner in this case for quashement of

the order dated 23^rd August, 2011 passed by the Opposite Party No.2-

Collector, Sundergarh in Misc. Case No.45 of 2011, which reads as

thus:-

<Received letter No.11729/F&E dated 29.6.2011 of

Government of Orissa, Forest & Environment Department.

The said Letter indicates that while considering the

proposal for environmental clearance in favour of the

project on expansion of Orissa Manganese & Minerals Ltd.

Orahuri Manganese Project of M/S Orissa Manganese &

Mineral Ltd., located in villages Harischandrapur,

Kodadihi, & Nuagon under Koira Tahsili. It has come to

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the notice of Govt. of India, Ministry of Environment

Forests that the said mining project continued to operate

during 2007-2010 i.e. after the lease became due for

renewal

without

obtaining

the

requisite

prior

environmental clearance from the Ministry as required

under EIA Notification 2006. This amounts to violation of

various provisions of environment (Protection) Act, 1986.

The intervening period during which the project was

operating without obtaining environmental clearance

would be treated as period of violation.

Accordingly Government of India, Ministry of

Environment & Forests requested the state Government to

take cognizance action against the above unit by invoking

powers under section-19 of the Environment (Protection)

Act, 1986 for which the unit had operated without

obtaining environment clearance.

Having taken assessment from the aforesaid letter,

I have apparently reason to believe that M/s Orissa

Manganese & Mineral Ltd. Orahuri Manganese Ore

Mining Project located in villages Harischandrapur,

Kodadih and Nuagaon has continued to operate the said

mining project during 2007-2010 i.e. after the lease

became due for renewal without obtaining the requisite

Prior environmental clearance from the Ministry as

required under EIA Notification 2006 thereby violating

various provisions of Environment (Protection) Act, 1986.

Being empowered by the Central Government in

S.O. 394(E) to take cognizance of offence committed within

the jurisdiction of this revenue district and taking into the

said letter of Government as well as the legal opinion of

Learned Public Prosecutor, Sundargarh in his letter

communicated vide No.256 dated 22.8.2011, this court is

proceeding U/s 19 of Environment (Protection) Act, 1986

to take legal action against M/S Orissa Manganese &

Mineral Ltd. Orahuri Manganese Ore Mining Project,

Located in villages Harischandrapur, Kodadihi and

Nuagaon for contravention of various provisions of

environment (Protection) Act, 1986.

Therefore issue notice to the Director M/s Orissa

Mineral Ltd., Orahuri Manganese Ore Mining Project,

At/Po. Koira, District Sundargarh in the district

sundargarh to appear before the court on the date fixed

and to show cause as to why action as provided under

Section-15 of Environment (Protection) Act, 1986 should

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not be taken against him for violation of various provisions

of Environment (Protection) Act, 1986.

At the same time