Item No.02

(Court No. 2)

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH

(By Video Conferencing)

Original Application No.292/2022

(I.A. No. 160/2022)

Jagat Ranjan Behera

.Applicant

Versus

State of Odisha

Respondent

Date of hearing:

27.07.2022

CORAM: HONBLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER

HONBLE DR. AFROZ AHMAD, EXPERT MEMBER

Applicant:

None.

Respondents:

Mr. Shibashish Misra, Advocate for M/s. Mahanadi

Coal Fields.

Mr. Gi Gi C. George along with Mr. Vikramaditya,

Advocates for Ministry of Coal.

Application is registered based on a Letter Petition received by Email.

ORDER

1.

The grievances raised in the present letter petition, sent by Mr.

Jagat are that M/s Mahanadi Coalfields ltd., lease holder of Basundhara

(West) OCP Mines, AT/P.O- Basundhara, Dist- Sundargarh (Odisha) is

engaging in exploration from its permitted lease area in violation of

environmental norms damaging the environment. The applicant has also

enclosed with the letter petition a copy of the show cause notice issued to

the Project Proponent requiring it to pay the compensation of Rs.

1129,75,29,032/- being the price of illegally excess mined product under

the Mines and Minerals (Development and Regulation) Act, 1957 for the

period of 2000-01 and 2010-11 in pursuance to the Judgment of Honble

Supreme Court of India dated 02.08.2017 in W.P No. 114/14 titled as

Common Cause Vs. Union of India.

O.A. No.292/2022 Jagat Ranjan Behera Vs. State of Odisha

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2.

Vide order 04.05.2022, this Tribunal constituted a Joint

Committee comprising of Joint Secretary, Ministry of Coal, Government

of India, Regional Office of MoEF & CC, Bhubaneswar, CPCB, State PCB,

Director Mines, Government of Odisha and District Magistrate,

Sundargarh and directed the same to submit factual and action taken

report within one month. The relevant part of the order is reproduced

hereunder:-

3.

In compliance thereof, the Joint Committee inspected the area on

22.06.2022 and has submitted report vide email dated 22.07.2022. The

relevant part of the report is reproduced as under:-

“Statutory Clearances as per the records:

O.A. No.292/2022 Jagat Ranjan Behera Vs. State of Odisha

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Details of State of affairs of the mine is as follows: -

O.A. No.292/2022 Jagat Ranjan Behera Vs. State of Odisha

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Sl no

Mining

Consumption

in

Coal Production details since from inceptions: -

PRODUCTION & DESPATCH DETAILS FOR THE PERIOD FROM

2003-04 TO 2021-22

Year

Production

(in MT)

Despatch

(in MT)

2003-04

0.000

0.000

2004-05

465205.000

378288.220

2005-06

1958963.310

2592564.840

2006-07

4136635.640

3760880.470

2007-08

6384830.800

4878565.140

2008-09

6083598.040

5868092.410

2009-10

6668207.390

6274079.380

O.A. No.292/2022 Jagat Ranjan Behera Vs. State of Odisha

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2010-11

7502239.450

6687013.390

2011-12

7056652.190

6219844.540

2012-13

6502278.630

6794187.520

2013-14

4778982.480

5583265.670

2014-15

3723492.870

4702747.010

2015-16

3728125.820

4305665.550

2016-17

3507585.790

4040881.470

2017-18

3316095.450

3409142.120

2018-19

2456312.920

2194189.970

2019-20

1820000.000

1969877.644

2020-21

811296.250

1003373.130

2021-22

999988.490

1132649.349

N.B-The mine had exceeded the limit of approved coal

production for the year from 2006-07 to 2012-13 .

Details Pollution Control Measures adopted:-

CONCLUSION: -

O.A. No.292/2022 Jagat Ranjan Behera Vs. State of Odisha

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4.

The grievance raised by the applicant in the present letter petition

is that lease holder was engaged in exploration from its permitted area in

violation of environmental norms damaging the environment and the

applicant has enclosed with the letter petition a copy of demand notice

dated

07.03.2018

requiring

the

Project

Proponent

to

pay

the

compensation of Rs. 1129,75,29,032/-. In i