Disposed

Misc Application in disposed of cases No. 45/2024 in Original Application No. 66/2024 of Pooja Phillo v. State of Odisha

NGT3 Mar 2025Misc Application in disposed of cases No. 45/2024 in Original Application No. 66/2024

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What is this about?

The tribunal disposed of a miscellaneous application regarding compliance with previous directions on illegal sand mining in Odisha and Andhra Pradesh based on affidavits confirming environmental compensation assessment and inspection reports finding no mining activity.

What did the court decide?

Disposed of Miscellaneous Application No.45/2024/EZ with direction to States to remain vigilant against illegal sand mining.

Misc Application in disposed of cases No. 45/2024 in… — Environment and Pollution | 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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Miscellaneous Application No.45/2024/EZ

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Original Application No.66/2024/EZ

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IN THE MATTER OF :

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Pooja Phillo & Ors.,

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Nandpur Tahasil, District-Koraput, Odisha,

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...Applicant(s)

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Versus

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1. Principal Secretary, Directorate of Geology, Government of Odisha,

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2. Collector, Koraput,

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3. Secretary, Integrated Regional Office of Ministry of Environment, Forests and Climate Change, Bhubaneswar,

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4. Member Secretary,

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Central Pollution Control Board,

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5. Member Secretary, Odisha State Pollution Control Board,

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6. Principal Secretary, Department of Mines and Geology, Andhra Pradesh,

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7. Member Secretary, Andhra Pradesh State Pollution Control Board,

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...Respondent(s)

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Date of hearing: 03.03.2025

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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) : Suo Motu ,

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For Respondent(s) : Ms. Gayatri Patra, ASC for R-1&2, (in Virtual Mode)

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Mr. Dipanjan Ghosh, Advocate for R-4,

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Ms. Papiya Banerjee Bihani, Adv. for R-5, (in Virtual Mode) Mr. TVS Raghavendra Sreyas, Adv. (in Virtual Mode) a/w Mr. Siddharth Vasudev, Adv. for R-7, (in Virtual Mode)

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ORDER

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The M.A. No.45/2024/EZ filed in Original Application No.66/2024/EZ is being taken up.

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The Original Application No.66/2024/EZ ( Pooja Phillo & Ors. Vs. State of Odisha & Ors. ), was disposed of by this Tribunal vide its order dated 09.08.2024 with the following directions:-

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28. We, therefore, dispose of this Original Application No.66/2024/EZ with a direction to the Chief Secretaries of Andhra Pradesh and Odisha to forthwith take steps for constituting a Committee as provided in the Enforcement and Monitoring Guidelines for Sand Mining 2020 and ensure strict and due compliance of the aforesaid Guidelines to prevent illegal sand mining mechanical or otherwise.

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29. The State Respondents shall also take steps forthwith for taking appropriate legal action against illegal miners as well as for computation of Environmental Compensation. Action in this regard shall be taken within two months and action taken report shall be filed by the Member Secretaries of the State Pollution Control Board, Odisha and Andhra Pradesh respectively by 30.11.2024.”

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Accordingly, the Odisha State Pollution Control Board, Respondent No.5, has filed affidavit dated 25.11.2024 stating therein that the Deputy Director of Mines, Jeypore Circle, District-Koraput, has submitted an Action Taken Report which indicates that Environmental Compensation amounting to Rs.41,91,754/- (Rs. Forty One Lakhs Ninety One Thousand Seven Hundred Fifty Four only) has been assessed and Demand Notice for payment of the said Environmental Compensation has been issued by the Mining Officer, Koraput, in favour of the lessee for extraction of minor minerals during the period from 27.03.2019 to 26.03.2024 without obtaining any Environmental Clearance, Consent to Establish and

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Consent to Operate from the competent authorities, and to deposit the said amount in favour of Forest, Environment and Climate Change Department, Government of Odisha.

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The Member Secretary, Andhra Pradesh Pollution Control Board, Respondent No.7, has filed affidavit dated 27.02.2025, stating therein that in compliance of the order of this Tribunal dated 09.08.2024, the Regional Officer, Vizianagaram, again inspected the subjected sand mining areas of Sobhaput Bridge, Sudu, Sariapalli and Pradhaniput, towards the State of Andhra Pradesh on 12.12.2024 and it has been reported that there is no evidence of sand mining activities and no movement of vehicles, populace and machinery around the areas and water was flowing in the river Machkund over the subjected mining area. The relevant extract of the Report reads as under:- (page 217)

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“..................x........................x................x..........................x...............

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As per the Hon’ble NGT Orders dt. 09.08.2024, the Environmental Engineer, Andhra Pradesh Pollution Control Board, Vizianagaram has monitored the River Machkund towards Andhra Pradesh and visited the following locations on 12.12.2024 at Machkund River bed to verify the illegal sand mining activities towards Andhra Pradesh.

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1. Sobhaput Bridge

2. Sudu

3. Sariapalli

4. Pradhaniput

During the Inspection, the officials of Mines Department, Pederu, ASR District, Andhra Pradesh and Revenue Department of Pedabayalu Mandal Officials, ASR District, Andhra Pradesh were attended. The details of inspection are submitted below.

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1. Sobhaput Bridge:

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The location of Sobhaput Bridg is 18°17'N - 82°35'37"E in the River Machkund. The northwest side of the bridge belongs to Andhra

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Pradesh, while the southeast side belongs to Odisha State. In Andhra Pradesh State, the villages of Seethagunta and Pedabayalu are located in this area, whereas in Orissa State, Sobhaput village is situated in that region. There is no sand mining activity carrying out and no-one or machinery present in that area. Water flows in the River through this region.

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2. Sudu

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The location in the River Machkund is 18°14'N - 82°38'05"E in Sudu. The South side of the area belongs to Andhra Pradesh, while the North direction belongs to Odisha. In Andhra Pradesh, the village of mangabandha is located near to the River, whereas in Orissa, Sudu village is situated near to the River. there is no sand mining activity, and no-one machinery present in that area. Water flows in the River through this region.

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3. Sariapall

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This location in the River Machkund is 18°15'3.649"N - 82°37'10.716"E in Sariapall. The South side of the area belongs to Andhra Pradesh, while the North direction belongs to Odisha. In Andhra Pradesh, the village of Chuttumetta is located near to the River, whereas in Odisha, Sariapall village is situated near to the River. there is no sand mining activity, and no-one or machinery present in that area. Water flows in the River through this region.

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4. Pradhaniput

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The location in the River Machkund is 18°15'25"N - 82°36'59"E in Pradhaniput. The South side of the area belongs to Andhra Pradesh, while the North direction belongs to Odisha. In Andhra Pradesh, the village of Chuttumetta is located near to the river, whereas in Odisha, Pradhaniput village is situated near to the River. there is no sand mining activity, and no-one or machinery present in that area. Water flows in the River through this region.

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It is submitted that there was no evidence of sand mining activities and no movement of vehicles, populace and machinery around these areas.

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As per the information given by the Irrigation Department, the River Machkund is 2^nd order stream and need not require Environmental

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Clearance from MoEF&CC and Consent from Andhra Pradesh State Pollution Control Board for sand excavation.

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Submitted for favor of kind information and necessary action.”

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In para 5 of the affidavit of the Andhra Pradesh State Pollution Control Board, it is stated that it has been informed by the Regional Officer, Vizianagaram, that the District Level Committee was constituted under the Chairmanship of the District Collector, and the State Board has not issued Consent to Establish/Consent to Operate for the sand mining activities in the said area. It is also stated that Industries, Infrastructure, Investments & Commerce (Mines-II) Department, Government of Andhra Pradesh, has issued Office Memorandum No.71 dated 04.09.2019 for regulation of the sand mining in the State and as per the regulation sand extraction from streams of I, II and III order for local needs, shall be transported by bullock carts only through the concerned Tahasildars. It is stated that the River Machkund falls under II order stream.

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In view of the affidavit along with Action Taken Report filed by the Odisha State Pollution Control Board, Respondent No.5, and the Inspection Report filed by the Andhra Pradesh Pollution Control Board, Respondent No.7, nothing further remains for adjudication in the present M.A.

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We, therefore, dispose of the present M.A. with a direction to the State of Odisha as well as the State of Andhra Pradesh to be constantly vigilant with regard to incidents of illegal sand mining in their respective States and take appropriate action from time to time.

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I.As., if any, stand disposed of accordingly.

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There shall be no order as to costs.

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..................................... B. Amit Sthalekar, JM ….......................................... Dr. Arun Kumar Verma, EM March 03, 2025, Miscellaneous Application No.45/2024/EZ In Original Application No.66/2024/EZ AK

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Misc Application in disposed of cases No. 45/2024 in Original Application No. 66/2024 of Pooja Phillo v. State of Odisha

Case brief

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Misc Application in disposed of cases No. 45/2024 in Original Application No. 66/2024 of Pooja Phillo v. State of Odisha

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