Disposed

1. Srikanta Kumar Pakal S/O- Sindhubas Pakal v. 1. State of Odisha through Chief Secretary Government of Odisha

NGT2 May 2025IA No. 129/2024 in Original Application No. 167/2023

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an application alleging illegal extraction of morrum and earth by a railway contractor. The court held it lacked jurisdiction to quash the mining rules or the enquiry report but affirmed its authority under the NGT Act to ensure recovery of environmental compensation by state authorities for the violation of forest laws.

What did the court decide?

I.A. 75 dismissed as beyond jurisdiction; I.A. 129 dismissed alleging mis-joinder; Tribunal directed State authorities to take action for recovery of environmental compensation for the respondent.

1. Srikanta Kumar Pakal S/O- Sindhubas Pakal vs 1. State… — Writ and Judicial Review | NGT (2025)

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Item No.06

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.167/2023/EZ

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(I.A. No.75/2024/EZ & I.A. No.129/2024/EZ)

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Srikanta Kumar Pakal & Ors. Applicant(s)

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Versus

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State of Odisha & Ors.

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Respondent(s)

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Date of hearing: 02.05.2025 Date of uploading: 07.05.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Sankar Prasad Pani, Adv. a/w Mr. Ashutosh Padhy, Adv. (in Virtual Mode)

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For Respondent(s) : Mr. D. N. Ray, Sr. Adv. a/w Mr. Sourav Haldar, Adv. for R-4 & 5 (in Virtual Mode), Mr. Ashok Prasad, Adv. for R-8, Mr. Dipanjan Ghosh, Adv. for R-9 (in Virtual Mode), Mr. Apurba Ghosh, Adv. for R-10 (in Virtual Mode), Mr. Surendra Kumar, Adv. for R-11, Mr. Jaydeep Pal, Adv. for R-13 (in Virtual Mode)

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ORDER

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

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No one is present on behalf of the State Respondents, Government of Odisha.

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Heard learned Counsel for the parties.

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(Final order of the said case will be uploaded in NGT website

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by separate sheets of paper).

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM

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May 02, 2025, Original Application No.167/2023/EZ (I.A. No.75/2024/EZ & I.A. No.129/2024/EZ) SKB

Item No.06

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.167/2023/EZ (I.A. No.75/2024/EZ & I.A. No.129/2024/EZ)

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IN THE MATTER OF:

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1. Srikanta Kumar Pakal

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S/o – Sindhubas Pakal, At/Po – QR No.25/1, OTM Colony Choudwar, Dist – Cuttack, Pin – 754025;

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2. Ajaya Kumar Prusty,

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S/o – Late Sanatan Prusty , Aged about 61 Years Resident of At – Tangi, P.o.-Kotsahi, PS - Tangi, Dist – Cuttack Pin 754022;

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3. Keshab Chandra Behera S/o – Late Bichitranand Behera, Aged about 50 years, Resident of Mania, Po – Uchapada, Via – Kotasahi, Cuttack – 750422;

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4. Naba Kishore Das

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S/o – Mamda Das, At – Saranga, Po - Bhatimunda, PS - Tangi, Dist – Cuttack, Pin – 754022;

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.... Applicant(s)

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Versus

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1. State of Odisha

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Through Chief Secretary, Government of Odisha, Lokaseba Bhawan, At/Po – Bhubaneswar, Dist – Khurdha 751002;

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2. Principal Secretary

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Revenue and Disaster Management, Government of Odisha, Lokaseva Bhawan, Bhubaneswar – 751002;

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3. Additional Chief Secretary

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Forest and Environment Dept., Government of Odisha, Kharavela Bhawan, Bhubaneswar,

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Odisha – 751001;

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4. Secretary

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Ministry of Environment and Forest, Climate Change, Indira Paryabaran Bhawan, Jorbag, New Delhi, Pin – 110003;

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5. Deputy Director General of Forests (C),

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Ministry of Environment, Forest and Climate Change, Regional Office (EZ), A/3, Chandersekharpur, Bhubaneswar – 751023;

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6. District Collector, Cuttack

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Pin – 753002;

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7. Tahasildar, Tangi-Choudwar Tahasil, Jagatpur, Cuttack – 754021;

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8. General Manager,

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East Coast Railway, Rail Sadan, Samant Vihar, Bhubaneswar – 17;

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9. Member Secretary Odisha State Pollution Control Board, A/118, Unit-VII, Nilakantha Nagar, Bhubaneswar, Pin – 751012;

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10. Member Secretary State Environment Impact Assessment Authority (SEIAA), Odisha, Bhubaneswar, 5RF-2/1, Acharya Vihar, Unit-IX, 751022;

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11. The Member Secretary Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, Delhi – 110032;

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12. Director of Geology Bhubigyan Bhawan, Bhubaneswar, Khordha, Pin – 751001;

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13. Shanti Construction Pvt. Limited

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Represented by its proprietor Bipin Agrawal, Plot No. – 1104/2707, Bangalipara, Badabazar, Sambalpur - 768003

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.... Respondent(s)

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Date of hearing: 02.05.2025 Date of uploading: 07.05.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Sankar Prasad Pani, Adv. a/w Mr. Ashutosh Padhy, Adv. (in Virtual Mode)

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For Respondent(s) : Mr. D. N. Ray, Sr. Adv. a/w

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Mr. Sourav Haldar, Adv. for R-4 & 5 (in Virtual Mode), Mr. Ashok Prasad, Adv. for R-8, Mr. Dipanjan Ghosh, Adv. for R-9 (in Virtual Mode), Mr. Apurba Ghosh, Adv. for R-10 (in Virtual Mode), Mr. Surendra Kumar, Adv. for R-11, Mr. Jaydeep Pal, Adv. for R-13 (in Virtual Mode)

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ORDER

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

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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.

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It is also alleged that for construction of the railway line, thousands of truckloads of Morrum have been illegally lifted by the

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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: -

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

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It is alleged that Morrum is a minor mineral and cannot be lifted

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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.

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

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i) Senior Scientist, Odisha State Pollution Control Board;

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ii) District Mining Officer, Cuttack;

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

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iv) Divisional Forest Officer, Cuttack

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

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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:-

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“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

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I. BACKGROUND:

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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 Cuttack district.

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2. It is alleged that about 20 Lakh cum of Morrum has been illegally lifted/extracted, 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.

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3. That vide receipt dated 27.05.2020, the Tahasildar had collected royalty of Rs. 1,50,000/- and penalty Rs. 49,500/- from the respondent No.13 for illegally extracted Morrum.

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4. That the mining is carried out illegally without obtaining Environmental Clearance from the State Environment Impact Assessment Authority (SEIAA), approved mining plan and Consent from the State Pollution Control Board (SPC13).

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5. Considering the allegation made out in the Original Application, the Hon'ble NGT, EZB, Kolkata vide their order dated 23.11.2023 in the matter of OA NO.167/2023/EZ- Srikant Kumar Pakal & Ors Versus State of Odisha & Ors has been pleased to constitute a committee comprising of the following members:

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I. Senior Scientist, Odisha State Pollution Control Board,

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II. District Mining Officer, Cuttack,

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III. District Collector, Cuttack or his representative officer not below the rank of Additional District Magistrate, and

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IV. Divisional Purest Officer, Cuttack

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As per the direction of the Hon’ble NGT, Committee consisting of following members visited the site on dtd. 18.12.2023:

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1. Mr. Umakant Raj, Additional District Magistrate, Cuttack

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2. Er. Rashmita Priyadarshini, Regional Officer, SPCB, Cuttack

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3. Mrs. A. Madhavi Lata, Asst. Conservator of Forest, Cuttack Division (Representative of Divisional Forest Officer, Cuttack)

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4. Mr. Sambit Sahoo, Mining Officer, Cuttack

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The Hon’ble NGT has directed the following in the said order dated 23.11.2023.

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1. The Committee shall visit the site and submit its report with regard to the allegations made in the Original Application within three weeks.

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2. The Odisha State Pollution Control Board shall be the Nodal Body far all logistic purpose and shall file the Inspection Report on affidavit.

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3. In case violations are found, the Committee shall recommend penalty as well as Environmental Compensation and also suggest remedial measures, if any.

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II. INSPECTION OF RECORDS:

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1. The joint committee perused the records supplied by the Tahasildar, Tangi-Choudwar pertaining to the earth/morrum mining carried out by the agency M/s. Shanti Construction Pvt. Limited in Tangi-Choudwar Tahasil area. It is found from the records produced by the Tahasildar, Tangi-Choudwar,

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(A) That, on DL 26.05.2020, RI Uchhapada detected some illegal mining carried out over Plot No.550, Khat No.532 (Rakhita), Kissam-Jungle-II of Mouza-Mania following which Tahasildar Tangi-Choudwar vide Touzi Misc case no.18/202021 imposed Rs 1,50,500/- towards royalty and Rs 49500/towards penalty on Project Manager, M/s Shanti Construction Pvt Limited and R.I Uchhapada, realized the above royalty and penalty vide RR No. 0773280/Dt.27.05.2020.

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(B) That, on Dt. 25.09.2020 M/s Shanti Construction Pvt Limited applied for arranging an earth source for “Execution of earth work and minor bridge in flyover portion between Byree-

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Kapilash road (CH-1500 to Ch-6200 from CSB of Byree) of Bhadrak-Nirgundi 3rtt line of east coast railway” vide agreement No.03/CE/CON/1/BBS/EcoR/2020, Dtd.27.05.2020 for which Tahasildar Tangi-Choudwar initiated Touzi Misc case No.42/2020-21.

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The Dy. Chief Engineer (Con.), East Coast Railway, JajpurKeonjhar Road had also requested to the Sub-Collector, Cuttack, Tahasildar, Tangi-Choudwar and Collector, Cuttack vide letter dtd. 15.12.2020, 01.06.2022 and 16.06.2022 respectively to grant permission for government land to lift earth/morrum for execution of flyover portion between ByreeKapilas Road of Bhadrak-Nergundi 3rd line as the agency M/s. Shanti Construction Pvt Limited getting difficulties in arranging earth & morrum from private sources.

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Thereafter Tahasildar Tangi-Choudwar directed the agency M/s. Shanti Construction Pvt Limited vide his letter dtd. 15.01.2021 to submit the approved mining plan as per OMMC Rules 2016.The agency submitted mining plan to the Tahasildar- prepared for Mania Morrum Ordinary Earth Quarry over Plot No. 541,545,549,551 and 552, total area 3.37 acres of Vill-Mania having production quantity of 3530 cum earth and 15888 cum morrum during 2021-22 to 2025-26. The mining plan was approved by the Deputy Director Geology, Directorate of Geology Bhubaneswar.

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Subsequently, Tahasildar Tangi- Choudwar issued temporary permit vide his office order No. 7162, dtd. 10.12.2022 in favour of M/s. Shanti Construction Pvt. Limited to lift and transport 2000 cum of ordinary earth/ Morrum from the following schedule of land. (Copy of temporary permit issued by Tahasildar is enclosed as Annexure- VI)

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Land Schedule

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Mouza	Khata No.	Plot No.	Area		Kissam
Mania	529	541	Ac. dec.	0.93	Patita
		545	Ac. dec.	0.56	Patita
		549	Ac. dec.	0.64	Patita
		551	Ac. dec.	0.42	Patita
		552	Ac. dec.	0.82	Patita

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During joint enquiry conducted on Dt 16.03.2023 by the R.S, Tangi-Choudwar, R.I Uchhapada and Amin of TangiChoudwar Tahasil, it is found that the M/s. Shanti Construction Pvt. Limited has illegally lifted 1,00,000 Cum of earth/morrum from the above scheduled plots, for which penalty as well as royalty amounting to Rs 40,00,000/- (Rupees Forty Lakhs) has been imposed for violation of Terms 8a condition/Illegal excavation vide Touzi Misc Case No.136/2022-23 and same has been realized vide M.R No.4073376/Dt.10.04.2023.

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Again, on getting some public complaint, on the illegal lifting and transportation of minor mineral by M/s. Shanti Construction Pvt Limited the Tahasildar Tangi-Choudwar along with the Range Officer, Byree, RS, Tangi-Choudwar, R.I Uchhapada and Amin of Tangi-Choudwar Tahasil conducted a joint enquiry on Dt.05.07.2023. The joint enquiry report is reproduced below.

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“As per pre scheduled programme, we the following signatories conducted spot visit today i.e. on Dt.05.07.2023 at about 11.30 A.M on illegal lifting and transporting of minor minerals (Ordinary earth/Morrum) by M/s. Shanti Construction Pvt. Limited was allowed through temporary lease to lift. 2000 cum ordinary earth from plot no.541, Ac0.93 dec, 545 Ac0.56dec, 549 Ac0.64dec, 551. Ac0.42dec 552 Ac0.82dec, Kissam-Patita under Abada Jogya Anabadi khata no.529 of VillMania, Ps-Tangi for use the same in construction work of Bhadrak-Nirgundi 3rd line rail link project. But the company has excavated Ordinary earth/Morrum from plot no.1(P) Ac0.70dec of Vill-Kadei and plot no.550(P) Ac.087dec of Vill-Mania including the leased out plots. On verification of RoR of Vi11Kadei and Mania, it is revealed that plot no.1, area Ac 20.41 dec, itissarn-Jungle-11 of Vill-Kadei stands recorded under Rakhita Khata no.465 and plot no.550 area Ac 16.37dee kissam-jungle-II of Vill-Mania stands recorded under rakhita khata no.532.Though the kissam of the land is Jungle-11, there is no forest growth as such over the plots except small bushes and laying as “Pathar Chatan". The Range Officer present also admitted that fact of field position. On measurement of the excavated area, it is seen that the company has illegally excavated approximately 2,60,580 Cum of ordinary earth/Morrum from the above two jungle kissam plots. During previous field visit the company was asked to stop the illegal excavation henceforth and to fill up illegal excavated area and create plantation over it much before the monsoon. But the company has not been carried out the instruction till date”.

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For which vide Touzi Misc case No.35/2023-24, the Tahasildar Tangi choudwar imposed penalty and royalty, total

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amounting to Rs 1,60,71,320/-on M/s. Shanti Construction Pvt Limited, communicated vide his office L.No.4103/Dt. 10.07.2023. The amount is still not realized.

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III. SITE VISIT BY THE COMMITTEE

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The committee visited the alleged Plots as well as the plots allowed by the Tahasildar in favour of M/s. Shanti Construction Pvt Limited for lifting of ordinary earth/morrum. The committee observed that morrum/laterite have been excavated from the alleged plot and its surroundings areas including the plots permitted by Tahasildar. Since most of those pits were filled with water for which the actual depth of the pits could not be ascertained to quantify the volume of morrum/laterite stone extracted.

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Therefore, it was decided that Mining Officer shall conduct a detail scientific survey and submit report in connection with the actual quantity of morrum/laterite excavated from the alleged Plots and their surrounding area.

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Later

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The Mining Officer, Cuttack submitted the survey report with detail map vide letter No. 299, dtd. 05.02.2024 is enclosed as Annexure-X. The survey was conducted with the help of Drone-DGPS and the Surface area method was adopted for the assessment of excavated volume in and out of the considered plot area. As per the survey report the volume of morrum/laterite excavated from the area as shown in the map is given as follows;

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Affected Plots as per Survey

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*Sl.* *No.*	*Alleged* *Plot No.*	*The affected* *adjoining* *plots*	*Volume* of *morrum/laterite* *extracted* *within* *the* *alleged* *plot* *area (in Cum)*	*Volume* of *morrum/* *laterite* *extracted* *from* *the* *adjoining* *plot* *area* *(in Cum)*	*Total* *volume* *(in Cum)*
1	550	(plot No.541, 545, 549, 551, 552 & plot no.01 (P) of Vill- Kadei)	3,33,889.9	3,33,889.9	5,47,603.3
2	1606	(Plot	1,14,108.3	1,66,782.1	2,80,890.4

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	No.1607, 1609, 1631, 1633, 1636, 1641, 1668, 1679, 1168/2017
3 48	-	19,902	19,902
			Total= 8,48,395.7 Cum

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Classification of the affected plots

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*Khata No.*	*Plot No.*	*Kisam*	*Revenue Village* *Name*
465	1	Jungle two	Kadei
529	1606	Patita	Mania
532	1607	Pani Nala	Mania
487	1609	Sarad II	Mania
444	1631	Sarad III	Mania
371	1633	Sarad III	Mania
529	1636	Patita	Mania
402	1641	Sarad III	Mania
532	1668	Jungle II	Mania
532	1679	Jungle II	Mania
175	1668/2017	Biali	Mania
532	550	Jungle 2	Mania
530	48	Parbat 2	Mania
529	541	Patita	Mania
529	545	Patita	Mania
529	549	Patita	Mania
529	551	Patita	Mania
529	552	Patita	Mania

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OBSERVATION

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1. Environmental Clearance & Consent to Operate:

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It is observed by the committee that morrum/ laterite stones have been excavated from the aforesaid plots without obtaining Environmental Clearance from State Environment Impact Assessment Authority (SEIAA). Also State Pollution Control Board, Odisha has neither received any application nor issued any Consent to Establish & Consent to Operate order for excavation of morrum/ laterite stone from the said plots.

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2. Illegal Quarrying over Revenue Forest Land:

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It was observed by the committee that Soil/morrum has been excavated from the following plots having forest classification.

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*Khata No.*	*Plot No.*	*Area in Acre*	*Kissam*	*Mouza*
532	550	16.37	Jungle II	Mania
465	1 (P)	20.41	Jungle II	Kadei
532	1668	25.85 Acres	Jungle II	Mania
532	1679	145.70 Acres	Jungle II	Mania

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The status of land in Revenue record is forest kissam (Jungle two) as on 25.10.1980, which has been prepared after enactment of Forest (Conservation) Act, 1980. In W.P.(C) No. 171/96 T.N. Godavarman Thirumulpad-vrs-Union of India and others on 12.12.1996. The Hon’ble Supreme Court of India clarified that the word ‘forest’ must be understood according to its dictionary meaning. The description covers all statutorily recognized forests, whether designated as Reserve, Protected or otherwise for the purpose of Section 2 of Forest (Conservation) Act. The term forest land occurring in Section 2 will not only include forest as understood in the dictionary sense, but also any area recorded as forest in the Govt. record irrespective of its ownership.

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In view of the word ‘forest’ in the act, it is obvious that, prior approval of the Central Govt. is required for any non-forest activities within the area of any forest. In accordance with Section 2 of Forest (Conservation) Act, all ongoing activities within any forest in any State throughout the country, without prior approval of the Central Govt., must cease forthwith.

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Provision of Forest (Conservation) Act, 1980 will be applicable since Plot No.550 of Khata No.532, plot no.1(P) Khata No.465, Plot No.1668 Khata No.532 belongs the kissarn JungleII as per Sabik Record 1980. The excavated pit of Plot No.1679

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Khata No.532 is coming under proposed reserve forest Kaliamba.

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The mining in forest kissam (Jungle-II) and proposed reserve forest Kaliamaba without prior approval of Central Government is an offence under Section 3 of Forest (Conservation) Act, 1980.

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Though the excavated land of Plot No.1679 Khata No.532 belongs to proposed reserve forest there is no forest growth over the plot as per Google sheet 17.02.2022d.

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RECOMMENDATIONS

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(A) Environmental Compensation:

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The Hon’ble NGT has directed in para 18 of the order dt. 23.11.2023 that “in case violations are found, the Committee shall recommend penalty as well as Environmental Compensation and also to suggest remedial measures, if any”.

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The committee observed that violation has been made by M/s. Shanti Construction Pvt. Limited by excavating morrum/laterite stone from the aforesaid plots without obtaining Environmental Clearance from SEIAA, Consent to Establish and Consent to Operate from State Pollution Control Board.

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So, the environmental compensation is calculated using the methodology for assessing Environmental compensation prepared by CPCB In- House Committee. As per methodology of CPCB the environmental compensation shall be based on the following formula:

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EC=PIxNxRxSxLP

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Where,

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EC= Environmental Compensation in

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PI=Pollution Index of Industrial Sector.

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N= Number of days of violation took place

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R= A factor in Rupees (t) for EC

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S- Factor for scale of operation

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LF= Location factor

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In the present context, the parameters of the above equations are as follows;

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i. The methodology of CPCB suggested that the average pollution index of 80, 50 and 30 may be taken for calculating the

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Environmental Compensation for Red, Orange and Green categories of industries, respectively. As per the office order No. 8333/Ind-I-Con-1505, dated 11.07.2018 of State Pollution Control Board, Odisha, the Mining activity is coming under red category industrial sector. So here P1=80.

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ii. N, the number of days for which violation took place is the period between the day of violation observed/ due date of direction's compliance and the day of compliance verified by CPCB/SPCB/PCC.

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From Touzi Misc case No. I8/ 2020-21 of Tangi-Choudwar Tahasil dtd. 26.05.2020, it is observed that M/s. Santi Construction started illegal excavation from that date only. So the number of days for which violation takes place till dtd. 08.09.2023 is 1201 days, So N may be taken as 1201 days.

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iii. R is a factor in Rupees which suggested to consider R as 250 as the Environmental compensation in case of violation. So here R=250

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iv. S is a factor representing the scale of operation of the industry (for micro or small scale=0.5, medium scale = 1.0 and large scale= 1.5). As per the report submitted by the Mining Officer the surface area of the pits from which morrum/laterite have been excavated is given as follows:

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L. No.	Plot No.	Surface area of the of morrum/laterite extracted inside and outside the plot area (in m2)	Total surface area (in m2)
1	550	60,893.2 (Inside the plot) 68,899.7 (Outside the plot)	1,29,792.9 or 32.07 Acres or 12.97 hectare
2	1606	46,975.3 (Inside & outside the plot)	46,975.3 or 11.60 Acres or 4.69 hectare
3	48	8,397.5 (inside the plot)	8,397.5 or 2.07 acres or 0.837 hectare

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SL. No.

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Based on the surface area of excavation the mining activities may be considered to small. So value of S=0.5

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v. LF, could be based on population of the city/town and location of the industrial unit. LF is will be 1.0 in case unit is located >10 Km from the municipality boundary, LF is presumed as 1 for city/town having population less than One million.

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vi. Considering the distance of the quarries >10 Km from the area of Choudwar municipality and population less than One million, the value of LF= 1.0

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Putting the value of PI, N, R, S and LF the Environmental Compensation is calculated as follows:

¶178

EC=PIxNxRxSxLF

¶179

= 80x 1201 x 250 x 0.5 x 1.0

¶180

₹1,20,10,000/-

¶181

(B) Compensation to be paid/realized as per Odisha Minor Mineral Concession Rules, 2016 (Amendment up to 2023) and different notifications thereof

¶182

Morrum:

¶183

Total illegal excavation of Morrum = 702876.4CuM

¶184

Royalty = (702876.4CuM xRs.35 per Cum) = Rs.24600674.00

¶185

DMF= 10% of the Royalty = 10% of Rs.24600674.00 = Rs.2460067.40

¶186

EMF = 5% of the Royalty = 5% of Rs.24600674.00 = Rs.1230033.70

¶187

Additional Charge = (702876.4CuM xRs.323.754 per Cum) = Rs.227559046.00

¶188

Total (For Morrum) = Rs.255849821.00

¶189

(IV.B. Additional charge is fixed taking into consideration average price of the nearest five quarries)

¶190

Laterite :

¶191

Total illegal excavation of Laterite = 143519.90Cum

¶192

Royalty = (143519.90Cum xRs.180 per Cum) Rs.25833582.00 DMF = 10% of the Royalty = 10% of Rs.25833582.00 =Rs.2583358.20

¶193

EMF= 5% of the Royalty = 5% of Rs.25833582.00= Rs.1291679.10

¶194

Additional Charge = (143519.90CuM xRs.923.062 per Cum) = Rs.132477766.00

¶195

Total (For Laterite) = Rs.162186385.00

¶196

(N.B. Additional charge is fixed taking into consideration average price of the nearest five quarries)

¶197

Penalty against continuing contravention=Rs5000.00x1201days^, - Rs.6005000.00 (From the period 26.05.2020 to 08.09.2023)

¶198

Total Penalty = Rs.500000.00+Rs.6005000.00 = Rs.6505000.00

¶199

¶200

Grand Total = Rs.424541206.00 (Rupees forty-two crore fortyfive lakh, forty-one thousand two hundred and six only) Person/Agency is liable to pay the above amount.”

¶201

The Respondent No.10, State Environment Impact Assessment Authority (SEIAA), Odisha, has filed affidavit dated 16.03.2024 wherein it is categorically stated that SEIAA, Odisha has not issued any Environmental Clearance in favour of the Respondent No.13, Shanti Construction Pvt. Ltd., for extraction of earth/morrum from various places of Tangi-Choudwar Tahasil of Cuttack District or any other District of Odisha for construction of 3^rd line railway tract from Bhadrak to Nergundi. It is also stated that obtaining Environmental Clearance is mandatory for mining of minor minerals like morrum and earth material, sand, stone etc. as per EIA Notification, 2006 as amended from time to time.

¶202

The East Coast Railway has filed affidavit dated 13.03.2024 and it is stated that an Article of Agreement was executed on 25.10.2022 between the President of India through the Chief Engineer/Con/III/Bhubaneswar of East Coast Railway and M/s Shanti Construction Sambalpur Private Limited for “Execution of balance earth work and minor bridges in fly over portion between Byree-Kapilas Road (Chainage 1500 to 6200 from CSB of Byree) in Bhadrak-Nergundi 3^rd line project of East Coast Railway at a cost of Rs.49,48,13,454.06/- vide Contract Agreement No.09/CE/Con/III/BBS/ECoR/2022 dated 25.10.2022 and letter of Acceptance (LOA) No.ECoR-CONST-HQ-ENGG/ETCPMIIIBBS2022020/01538960055334 dated 01.06.2022”.

¶203

It is stated that as per condition of contract, the Respondent No.13 agency was required to execute earth work in filling embankment, guide bunds, around buried type abutments, bridges gaps, trolley

¶204

¶205

refuges, rain bunds, platforms etc. with earth suitable for embankment as per standard specifications, excavated from outside railway boundary entirely arranged by the contractor at his own cost including all leads, lifts, ascents, descents, crossing of nallahs or any other obstructions.

¶206

The Respondent No.11, Central Pollution Control Board, in its affidavit dated 16.02.2024 has stated that the Project Proponent is required to obtain Environmental Clearance from the SEIAA, Odisha in respect of projects falling under Category ‘B’ of Schedule of the EIA Notification, 2006 and thereafter, it is required to obtain Consent to Establish (CTE) and Consent to Operate (CTO) from the State Pollution Control Board, Odisha.

¶207

The Respondent No.6, Collector & District Magistrate, Cuttack, in his affidavit dated 06.05.2024 has stated that on 26.05.2020, the Revenue Inspector, Uchhapada reported that M/s Shanti Construction Sambalpur Pvt. Ltd., Respondent No.13 herein, has lifted 4300 cum of morrum/earth illegally from Plot No.550, AreaAc.0.25 decimal, Kisam-Jungle-II under Khata No.532 of VillageMania of this Tahasil and utilized the same in development of railway line from Salagaon to Budhapank project and based on this Report of the Revenue Inspector, one Touzi Misc. Case No.18/202021 was initiated against the Respondent No.13 and royalty amounting to Rs.1,50,500/- (@ Rs.35 per cum X 4300 cum) as well as penalty of Rs.49,500/- was realized from the Respondent No.13 for such illegal extraction of minor minerals vide Rent Receipt No.00773280 dated 27.05.2020. The English translation of the Rent Receipt has been filed at page no.188 of the paper book and is in the name of the Respondent No.13.

¶208

¶209

The documents filed along with the affidavit of the District Magistrate, Cuttack also show that royalty and penalty amounting to Rs.40,00,000/- was received from the Respondent No.13 towards royalty and penalty dated 10.04.2023. A further notice was issued to the Respondent No.13 vide letter No.4923 dated 17.08.2023 of the Tahasildar, Tangi-Choudwar requiring him to deposit of Rs.70,00,000/- and penalty of Rs.5,00,000/- total Rs.75,00,000/and the letter mentions that out of the said above dues a sum of Rs.40,00,000/- has been deposited by Respondent No.13 on 10.04.2023 and, therefore, he has been directed to deposit the remaining amount of Rs.35,00,000/-. A further Touzi Misc. Case No.35/2023-24 has been initiated against the Respondent No.13 as would be seen from the proceedings of the case at page nos.198200 of the paper book.

¶210

The Respondent No.13, Private Respondent, has filed affidavit dated 09.07.2024 denying the allegations in the Original Application and the affidavits of the State Respondents and it is stated that as per work order and the agreement entered into between Respondent No.13 and the East Coast Railway, the only work required of Respondent No.13 involved earth work in cutting and filling as mentioned in Item No.1 of the Schedule of the Agreement. Mr. Jaydeep Pal, learned Counsel for the Respondent No.13 referring to the affidavit submitted that Schedule-A of the Agreement also speaks of execution of earth work in cutting and filling and does not involve any requirement of morrum. In the affidavit, it is stated that though Respondent No.13 has been working since few years but no amount of earth/soil has been excavated illegally from the villages namely Mania Ucchapada and other Villages or nearby

¶211

¶212

places. Learned Counsel has also referred to the Notification B-13 “APPENDIX-IX” to the MoEF&CC Notification dated 28.03.2020 and the learned Counsel for the Respondent No.13 submitted that under the Heading ‘Exemption of Certain Cases from requirement of Environmental Clearance’ at Item No.6, Extraction or sourcing or borrowing of ordinary earth for the linear projects such as roads, pipelines, etc. have been exempted from the requirement of obtaining Environmental Clearance. We may note here at this stage that the allegation against the Respondent No.13 is not principally one of not obtaining Environmental Clearance but of illegally extracting earth/morrum from the various villages in question.

¶213

The Respondent No.13 has also filed an objection dated 18.12.2024 and it is alleged that the Joint Committee Report has been prepared behind the back of the Respondent No.13 as he was not present during the enquiry. A further plea has been taken and also stressed by Mr. Jaydeep Pal, learned Counsel for the Respondent No.13 that there were may other contractors who were engaged by the Railway over a period of time to construct the same work namely BhadraNergundi 3^rd line Project and only the name of Respondent No.13 has been singled out. Learned Counsel submitted that the other contractors would be a necessary party to the present proceedings.

¶214

I.A. No.75/2024/EZ dated 24.09.2024 has been field by the Respondent No.13 praying that the Enquiry Report dated 05.07.2023 may be quashed.

¶215

I.A. No.129/2024/EZ has also been filed by the Respondent No.13 praying that the Original Application may be dismissed on grounds of mis-joinder and non-joinder of the necessary party.

¶216

¶217

With reference to the I.A. No.75/2024/EZ, Mr. Jaydeep Pal, learned Counsel submitted that the said Enquiry Report had been challenged by the Respondent No.13 before the Hon’ble High Court of Orissa at Cuttack vide W.P. (C) No.16106 of 2024, Shanti Construction Pvt. Ltd. vs. State of Odisha & Ors. , but the same was disposed of by the Hon’ble Division Bench of the High Court with liberty to the petitioner (Respondent No.13) to withdraw his writ petition and raise all grounds taken in the writ petition before the National Green Tribunal in the pending Original Application No.167/2023/EZ. Copy of the order of the Hon’ble High Court dated 11.09.2024 reads as under:-

¶218

“ORDER 11.09.2024

¶219

This matter is taken up through Hybrid mode.

¶220

2. The petitioner has filed the writ petition seeking the following reliefs:-

¶221

“In view of the aforesaid facts and circumstances, the Petitioner humbly prays that this Hon’ble Court may graciously please to admit this application.

¶222

And may be pleased to quash the said enquiry report under Annexure-3.

¶223

And may also quash the demand notices issued by the Opp. No.4 passed in Touze Misc. Case No.35/2023 dated 10.07.2023 and 16.08.2023 under Annxure-4 Series.

¶224

And may further be pleased to direct the Opp. No.4 to conduct another fresh enquiry involving the petitioner.”

¶225

3. Learned counsel appearing on behalf of the petitioner after some argument submits that he may be allowed to withdraw this writ petition with a liberty to raise all the grounds taken

¶226

¶227

in the present writ petition to question the demand of penalty by order dated 16.08.2023 passed in Touze Misc. case No.35 of 2023 based on an enquiry conducted behind his back, before the National Green Tribunal in Original Application No.167/2023/EZ.

¶228

4. This application is disposed of accordingly as withdrawn with the liberty aforesaid.”

¶229

Mr. Jaydeep Pal, learned Counsel vehemently submitted that the contract between the Respondent No.13 and the RespondentRailway was for earth work and not for extraction of morrum and, therefore, the allegation of illegal extraction of morrrum against the Respondent No.13 is absolutely without any foundation. Learned Counsel also submitted that there were other contractors engaged by the Railways for the same work at different stages and, therefore, the Respondent No.13 alone cannot be held responsible or alleged to have carried out illegal mining of morrum.

¶230

At the outset, we may refer to the Mining Plan submitted by the Respondent No.13 which has been filed at page no.89 (colly) Annexure-V to the affidavit of the State Pollution Control Board, Odisha. This Mining Plan is of Mania Morrum Quarry over 3.37 Ac./1.363 Ha. Village Mania under Uchapada Panchayat, Tangi Tahasil Choudwar, District Cuttack, Odisha. The certificate of RQP at page no.92 shows that the Mining Plan is in Respect of Mania Morrum & Ordinary Earth Quarry (Plot No.541, 545, 549, 551 & 552) over an area of 3.37 Ac./1.363 Ha. from Village Mania under Uchapada Panchayat, Tangi Choudwar Tahasil of Cuttack District. The certificate of the Revenue Inspector at page no.93 is also in respect of Mania Morrum & Ordinary Earth Quarry over the same plots and same area as shown in the Mining Plan. The document at

¶231

¶232

page no.95 of the paper book which is the introduction to the Mining Plan also mentions that the Mining Plan is for the winning of Morrum and Ordinary Earth under Mania Village, Tangi Choudwar Tahasil of Cuttack District for the plots in question. Form ‘O’ at page no.96 (colly) which gives the boundary description of the area which comprises 3.37 acres/1.363 Ha. also mentions Mining Plan: Mania Morrum & Ordinary Earth Quarry Plot No. 541, 545, 549, 551 & 552 Village Mania under Uchapada Panchayat, Tangi Choudwar Tahasil of Cuttack District.

¶233

Under the Heading Reserve (Method of estimation of reserve)

¶234

the basis of estimation of reserve and calculation of development thereof at page no.99 of the paper book it mentions the thickness of top soil as 0.25 mtr., Soil (Ordinary Earth) is 0.5 mtr. just below top soil and Morrum is 2.25 mtr. Depth below Ordinary Earth as seen/observed. This thickness of soil and morrum has been taken into account for estimation of resource that the mode of occurrence in for the entire surface area. Item No.(i) states that the reserve of morrum and Ordinary earth in the leasehold has been calculated by Surface area method.

¶235

Item No.10 under the Heading Mining (page no.100 of the paper book) also mentions in para-(a) in the applied quarry lease area, the Morrum & Ordinary Earth shall be excavated by Semi mechanized open cast mining methods. Handling of Morrum & Ordinary Earth will be done both manually and by machineries i.e. excavators. The excavated Morrum & Ordinary Earth will be loaded from quarry to the users/destination through trucks/tractors. The mining will be undertaken on single shift basis. The local man power shall be engaged in the mine.

¶236

¶237

Para-10 (b) also mentions that excavation & loading of Morrum & Ordinary Earth into the trucks/tractors will be done by manual means and transportation from the morrum quarry site to respective users/destinations shall be achieved by trucks/tractors.

¶238

Mr. Jaydeep Pal, learned Counsel has referred to the Contract Agreement of Works entered into between the East Coast Railway and the Respondent No.13 and submitted that the agreement only speaks of “Earthwork”, in the matter of the Bhadrak-Nergundi 3^rd line project – Execution of balance Earthwork and minor bridges in flyover portion between Byree-Kapilas Road (Ch-1500 to Ch-6200 from CSB of Byree) of Bhadrak-Nergundi 3^rd line of East Coast Railway and the agreement does not mention ‘morrum’ anywhere.

¶239

We may at the outset point out that the agreement between the East Coast Railway and the Respondent No.13 is with regard to earthwork in the Bhadrak-Nergundi 3^rd line Project. Merely because the contract mentions ‘earthwork’ it does not imply that the Respondent No.13 would be only required to extract earth only. The term ‘earthwork’ is the nature of the work to be executed by the Respondent No.13. The mineral extracted and used by the Contractor, Respondent No.13 in the execution of the earthwork is covered by the Mining Plan submitted by the Respondent No.13 himself and which speaks in categorical terms of extraction of Morrum & Ordinary Earth, therefore, it cannot be said that the Respondent No.13 was not in any way involved in the extraction of morrum and that his work was only confined to extraction of earth.

¶240

So far as the next submission of the learned Counsel for the Respondent No.13 is concerned that the Respondent No.13 was not involved in illegal extraction of minor mineral morrum and that

¶241

¶242

there were other contractors who were also carrying out the work on the Bhadrak-Nergundi 3^rd line Project, we may point out that the execution of work at the site is carried out over specific area of the entire project and a perusal of the contract agreement of the Respondent No.13 with that of the East Coast Railway would show that this contract was confined to execution of balance earthwork and minor bridges in flyover portion between Byree-Kapilas Road (Ch-1500 to Ch-6200 from CSB of Byree) of the Bhadrak-Nergundi 3^rd line Project of the East Coast Railway. The Mining Plan submitted by the Respondent No.13 himself is with regard to extraction of Morrum & Ordinary Earth from the Mania Morrum & Ordinary Earth Quarry (Plot No.541, 545, 549, 551 & 552) area Ac.3.37 (1.363 Ha.) located in Vilalge Mania, under Tangi Choudwar Tahasil in District Cuttack.

¶243

A perusal of the Inspection Report would show that the Respondent No.13 was issued temporary permit by the Tahasildar TangiChoudwar vide office order No.7162 dated 10.12.2022 to lift and transport 200 cum of ordinary earth/morrum from the land schedule given in the Inspection Report which has already been extracted hereinabove. We also notice that the Enquiry Report, which is based on the site visit dated 18.12.2023, also noted that joint enquiry was conducted on 16.03.2023 by R.S., TangiChoudwar, Revenue Inspector Uchhapada and Amin of TangiChoudwar Tahasil and it was found that the Respondent No.13 had illegally lifted 1,00,000 cum of earth/morrum from the above scheduled plots, for which penalty as well as royalty amounting to Rs.40,00,000/- (Rupees Forty Lakhs only) had been imposed upon him for violation of the terms and conditions/illegal excavation vide

¶244

¶245

Touzi Misc. Case No.136/2022-23 and this amount was also paid and realized from the Respondent No.13 vide M.R. No.4073376 dated 10.04.2023 which document is on record of the present case. 28. Thereafter, there was again a public complaint regarding illegal lifting and transportation of minor minerals by the Respondent No.13 whereupon the Tahasildar Tangi-Choudwar and Range Officer, Byree, R.S. Tangi-Choudwar, Revenue Inspector Uchhapada and Amin of Tangi-Choudwar Tahasil conducted a joint enquiry on 05.07.2023, report of which is extracted in the Report of the Joint Committee constituted by this Tribunal. This Enquiry Report dated 05.07.2023 shows that the Respondent No.13 was allowed by the Tahasildar through temporary lease to lift 2000 cum ordinary earth from Plot No.541, Ac.0.93 dec., Plot No.545, Ac.0.56 dec, Plot No.549, Ac.64 dec., Plot No.551, Ac.0.42 dec., Plot No.552, Ac.0.82 dec, Kisam-Patita under Abada Jogya Anabadi Khata No.529 of Vilalge-Mania, PS-Tangi for use in the construction of work of Bhadrak-Nirgundi 3^rd line project but the company has excavated ordinary earth/morrum from Plot No.1 (P) Ac.0.70 dec. of Village-Kadei and Plot No.550 (P) Ac.0.87 dec. of Village-Mania including his own leased out plots. On verification of Record of Rights of Village-Kadei and Mania, it is revealed that Plot No.1, area Ac.20.41 dec., Kissam-Jungle-II of Village-Kadei stands recorded under Rakhita Khata No.465 and Plot No.550 area Ac.16.37 dec. Kissam-Jungle-II of Village-Mania stands recorded under Rakhita Khata No.532. It is also stated that though the kissam of the land is Jungle-II, there is no forest growth as such over the plots except small bushes and laying as “Pathar Chatan”. The Report also mentions that the Range Officer present at the site admitted the

¶246

¶247

field position. The Enquiry Report also mention that on measurement of the excavated area it is seen that the company has illegally excavated approximately 2,60,580 cum of ordinary earth/morrum from the above two jungle kissam plots for which Touzi Misc. Case No.35/2023-24 has been initiated and Tahasildar Tangi-Choudwar has imposed penalty and royalty, total amounting to Rs.1,60,71,320/- against the Respondent No.13 which amount has not been realized till date. The document to that effect has been filed and is part of the record of the present proceedings.

¶248

Thus, from the perusal of the Enquiry Report of the Joint Committee constituted by the Tribunal and the documents filed on record by the State Respondents it is seen that the Respondent No.13 is a habitual offender in the matter of illegal excavation of earth and morrum for purposes of utilizing the same in the construction of the Bhadrak-Nergundi 3^rd line Railway Project. Environmental Compensation has been determined by the Joint Committee amounting to Rs.1,20,10,000/- and the monitory quantum of illegally mined morrum has been determined at Rs.25,58,49,821.00/-. For illegal laterite excavation the royalty and District Mineral Fund (DMF) and EMF has been determined at Rs.16,21,86,385/- and penalty against continuing contravention has been determined at Rs.65,05,000/-, the grand total determined against the Respondent No.13 amounts to Rs.42,45,41,206/-.

¶249

So far as the Environmental Compensation computed against the Respondent No.13 is concerned, we do not wish to express any opinion on the same as the Respondent No.13 has judicial remedies available to him which he may avail and any observations made by

¶250

¶251

us with regard to the quantum of Environmental Compensation may prejudice his rights therein.

¶252

So far as I.A. No.75/2024/EZ seeking quashing of the Enquiry Report dated 05.07.2023 with respect to Touzi Misc. Case No.35/2023 is concerned, the same is now the subject matter of proceedings under the Odisha Minor Mineral Concession Rules, 2016.

¶253

Therefore, in view of the statutory provisions of the Act, 2010, this Tribunal has no jurisdiction to examine that issue since the Minor Mineral Concession Rules, 2016 do not fall within the Acts mentioned in Schedule 1 to the National Green Tribunal Act, 2010 for exercise of jurisdiction.

¶254

Suffice it to say so far as environmental violations are concerned, this Tribunal has jurisdiction under Section 14 of the National Green Tribunal Act, 2010 to examine all issues relating to environment and it is for the State Respondents to take action against the Respondent No.13 for environmental violations. Section 14 of the National Green Tribunal Act, 2010 reads as under:-

¶255

“ 14. Tribunal to settle disputes. - (1) The Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I.

¶256

(2) The Tribunal shall hear the disputes arising from the questions referred to in subsection (1) and settle such disputes and pass order thereon.

¶257

(3) No application for adjudication of dispute under this section shall be entertained by the Tribunal unless it is made

¶258

¶259

within a period of six months from the date on which the cause of action for such dispute first arose:

¶260

Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.”

¶261

Schedule I to the Act 2010 reads as under:-

¶262

“Schedule I

¶263

[See sections 14(1), 15(1)(a), 17(1), 17(2), 19(4) (j) and 34(1)]

¶264

1. The Water (Prevention and Control of Pollution) Act, 1974;

¶265

2. The Water (Prevention and Control of Pollution) Cess Act, 1977;

¶266

3. The Forest (Conservation) Act, 1980;

¶267

4. The Air (Prevention and Control of Pollution) Act, 1981;

¶268

5. The Environment (Protection) Act, 1986;

¶269

6. The Public Liability Insurance Act, 1991;

¶270

7. The Biological Diversity Act, 2002.

¶271

So far as I.A. No.129/2024/EZ and the prayer therein that the Original Application may be dismissed on grounds of mis-joinder and non-joinder of necessary party is concerned, the I.A. is rejected on the ground that the illegal extraction of ordinary earth and morrum has been determined against the Respondent No.13 not only from his own plots but also from Plot No.1 (P) of Village Kadei and Plot No.550 of Village Mania and the Enquiry Report has been arrived at after examining various complaints against the Respondent No.13 and we also find that he has also deposited Rs.40,00,000/- towards royalty and penalty for illegal extraction of ordinary earth and morrum and therefore, the question of examining other contractors in the matter of alleged illegal extraction of earth and morrum carried out by the Respondent No.13 does not arise.

¶272

¶273

For reasons aforesaid, we dispose of this Original Application with a direction to the State Respondents and State Pollution Control Board, Odisha to take action against the Respondent No.13 for recovery of Environmental Compensation from the Respondent No.13 in accordance with law after giving him full opportunity of hearing. As we have already noted above, we do not wish to express any opinion on the merits of the computation of the Environmental Compensation as any observation made by us, may prejudice his defense in challenge before the same Competent Forum while availing the judicial remedies available to him under law.

¶274

I.A. No.75/2024/EZ is accordingly disposed of.

¶275

I.A. No.129/2024/EZ is dismissed.

¶276

There shall be no order as to costs.

¶277

..................................... B. Amit Sthalekar, JM

¶278

….......................................... Dr. Arun Kumar Verma, EM

¶279

May 02, 2025, Original Application No.167/2023/EZ (I.A. No.75/2024/EZ & I.A. No.129/2024/EZ) MN

¶280

1. Srikanta Kumar Pakal S/O- Sindhubas Pakal v. 1. State of Odisha through Chief Secretary Government of Odisha

Case brief

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1. Srikanta Kumar Pakal S/O- Sindhubas Pakal v. 1. State of Odisha through Chief Secretary Government of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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