Disposed

Bibekananda Pattnaik S/O Late Radhakrushna Pattnaik Aged About 58 Years v. 1. State of Odisha Represented by Chief Secretary Government of Odisha

NGT10 Jan 2025Original Application No. 125/2024

Case brief

AI extract

What is this about?

This application challenges an auction notice for a sand mining lease in Mayurbhanj District, Odisha, alleging the absence of a District Survey Report (DSR). The Tribunal, noting the DSR was merely interim and unapproved by SEIAA, directed respondents to ensure no mining occurs until the DSR is approved.

What did the court decide?

Direction to respondents to ensure no sand mining is carried out in District-Mayurbhanj in the absence of a duly approved District Survey Report.

Bibekananda Pattnaik S/O Late Radhakrushna Pattnaik… — Mining and Natural Resources | NGT (2025)

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Court No.1

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Item No.11

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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.125/2024/EZ

Bibekananda Pattnaik

Applicant(s)

Versus

State of Odisha & Ors.

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Respondent(s)

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Date of hearing: 10.01.2025

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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

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Mr. Ashutosh Padhy, Adv. (in Virtual Mode)

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For Respondent(s) : Ms. Gayatri Patra, ASC for R-1, 4 & 7 (in Virtual Mode), Mr. Dipanjan Ghosh, Adv. for R-2,

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Mr. Apurba Ghosh, Adv. for R-3 (in Virtual Mode)

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ORDER

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Mr. Sankar Prasad Pani, learned Counsel assisted by Mr. Ashutosh Padhy, learned Counsel is present (in Virtual Mode) for the Applicant.

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Rejoinder affidavit dated 09.01.2025 has been filed by the

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Applicant; the same is taken on record.

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(Final order of the said case will be uploaded in website 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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January 10, 2025, Original Application No.125/2024/EZ OM

Court No.1

Item No.11

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.125/2024/EZ

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IN THE MATTER OF

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Bibekananda Pattanaik,

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S/O Late Radhakrushna Pattanaik, aged about 58 Years, At/Po/PS-BaripadaTown, Mayurbhanj, Odisha-757001

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……….Applicant(s)
Versus

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State of Odisha,
Through Chief Secretary,
Government of Odisha,
AT/PO-Lokaseva Bhawan, Lok Seva Marg, Unit-2,
Bhubaneswar, Odisha
PIN-751001

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Odisha State Pollution Control Board,
Through Member Secretary,
A/118, Unit-VII, Nilakantha Nagar,
Bhubaneswar, Odisha,
PIN-751012

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State Environment Impact Assessment Authority (SEIAA), Odisha
5RF-2/1, Acharya Vihar, Unit – IX,
Bhubaneswar, Odisha,
PIN-751022

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4. The Collector and District Magistrate, Mayurbhanj, At/PO- Baripada, Dist- Mayurbhanj, Odisha, PIN-757001

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Mining Officer, Baripada Circle
AT/PO-Meher Colony, Baripada,
Dist.-Mayurbhanj,
Odisha-757002

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6. OFFICE OF THE EXECUTIVE ENGINEER, MAYURBHANJ IRRIGATION DIVISION, BARIPADA, At/PO-Murgabadi, Baripada, Odisha-757002

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7. Additional Chief Secretary, Water Resource Department, Government of Odisha,

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AT/PO- Department of Water Resources Rajiv Bhawan,

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Keshari Nagar, Bhubaneswar-751001

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8. Deputy Director General of Forests (C), Ministry of Environment, Forest and Climate Change, Integrated Regional Office (EZ), A/3, Chandersekharpur, Bhubaneswar - 751023

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………..Respondent(s)

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Date of hearing: 10.01.2025

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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) : Ms. Gayatri Patra, ASC for R-1, 4 & 7 (in Virtual Mode), Mr. Dipanjan Ghosh, Adv. for R-2,

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Mr. Apurba Ghosh, Adv. for R-3 (in Virtual Mode)

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ORDER

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This Original Application has been filed by the Applicant alleging that a notice for auction has been issued for a five year long term lease of Budhabalang Sand Bed-1 in Belonapura, Madhunanda, Demphouda of Betonati Tahasil, over an area of 4.98 hectares, MGQ of 5000 CM per annum with having geological reserve of 56809 CM. It is stated that in the notice dated 20.06.2024 the area has been shown as less than 5 hectares and in the interim District Survey Report (‘DSR’ for short) the area is mentioned as 5.01 hectares.

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It is alleged that there is no revised DSR placed by the District Collector, Mayurbhanj nor is there any kind of approval given by the State Environment Impact Assessment Authority (SEIAA), Odisha, for the said mining of sand.

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It is stated that the Government of Odisha, Revenue and Disaster Management Department vide letter dated 27.07.2018 directed all the District Collectors to prepare DSRs in the light of the EIA

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Notification dated 15.01.2016 which lays down the procedure for preparation of District Survey Report.

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It is further alleged that the interim DSR does not address any of the concerns of ecological impact and sustainable sand mining as elaborated in the Sustainable Sand Mining Guidelines, 2016, and the Enforcement and Monitoring Guidelines for Sand Mining, 2020. It is stated that the interim DSR dated 28.12.2019 was prepared by the then existing District Environment Impact Assessment Authority (DEIAA) which subsequently stood abolished vide judgment of the National Green Tribunal dated 13.09.2018 in the case of Satendra Pandey Vs. MoEF&CC & Ors .

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It is also stated that the final DSR is a mandatory pre-requisition before granting of any mining lease or issuance of tender and in the absence thereof the auction notice dated 20.06.2024 is not sustainable.

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The Respondent No.2, Odisha State Pollution Control Board has filed affidavit dated 21.09.2024 bringing on record the Inspection Report of an inspection carried out on 04.12.2020. In this report, it is mentioned that the Lessee of the mine in question is one Sri Jagannath Sahu who was present during the inspection. The lease area of the mine is Ac.12.40dec (05.018 Ha.) Sand quarry over Plot No. 711,1 and 1 of Khata No.160,95 and 200 of Village- Belanpur, Madhunanda and Demphouda, Tahasil- Betnoti, Dist. Mayurbhanj. (Copy of the Inspection Report reads as under):-

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“ INSPECTION REPORT ON BUDHABALANGA SAND BED-I, ATBELANPUR, MADHUNANDA AND DEMPHOUDA VILLAGE, VIA/TAHASIL-BETNOTI, DIST-MAYURBHANJ.

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1 Name of the Mine Budhabalanga Sand Bed-I of Sri inspected Jagannath Sahu, Lessee

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2	Location of the Mine	*At-Demphouda, PO - Nakhara, Via/* *Tahasil-Betnoti, Dist-Mayurbhanj*
3	Date of inspection	04.12.2020
4	Name of the person present during inspection.	Sri Jagannath Sahu, Lessee
5	Total lease hold area of the mine and validity of lease	Ac. 12.40 dec (05.018 Ha.) Sand quarry over Plot No.711, 1 and 1 of Khata No.160, 95, 200 of Village-Belanpur, Madhunanda and Demphouda, Tahasil-Betnoti, Dist. Mayurbhanj.
		Lease period valid for 01 year 6 months and 03 days i.e. from 01.04.2020 to 04.10.2021
6	Production quantity	The mine has proposed to mining 2105 Cum of sand for the financial year 2020- 21 and 2021-22 i.e. for the period from 01.04.2020 to 04.10.2021
7	Consent status	CTO was valid upto 31.03.2020. In the meantime it was extended upto 30.06.2020 due to all India lock down for pandemic COVID-19. The sand quarry has applied for renewal of consent to operate with adequate consent to operate fee of Rs.30000 through online payment system. The deposited CTO fee is adequate up to 31.03.2022.
8	Status of Environmental clearance	The mine has obtained Environmental Clearance (EC) from District Environment Impact Assessment Authority (DEIAA) on 21.05.2016 vide memo No.DEIAA/19 for
		mining of minor mineral with total production capacity of*7060*Cum of sand over lease area of 05.01 Ha. during the lease period. The mine has submitted a modified approved mining plan, which is valid for the financial year 2020-2022 i.e. for the period from dt.01.04.2020 to 04.10.2021, where in it is mentioned that production of sand in this lease period will

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		be 2105 Cum. As per the Revenue and
		Disaster Management Department, Govt. of Odisha letter No.16239, dt. 15.05.2020, validity of lease will be for five years from the date of registration of lease deed and as clarified by F&E Dept. Govt. of Odisha that EC will have validity for the period of lease and cases where executing lease deed in 2015-16 the Tahasildars had mentioned wrongly the lease period till end of financial year 2019-20 but lease has validity beyond 31.03.2020 as to be computed from registration of lease deed, for remaining period of lease no fresh EC is necessary. The lease deed is registered on dtd. 05.10.2016. So the validity of lease for the stone quarry is upto 04.10.2021.
9	Operational status of the mine	The sand quarry was not in operation during the inspection.
10	Method of mining	The sand mine has proposed to carry out opencast manual dry pit mining method. The sand are extracted loaded and
		transferred from pits to the user through tractor, dumper and hywa. The mining will be done on single shift basis. The local man power has been engaged in the mine
		as reported by the representative of the mine.
11	Pollution potential and control measures	*Water Pollution:* Water pollution potential from sand mining
		is not significant. Mine drainage water generated during sand mining will be percolated to the river. *Air Pollution:* Air pollution in form of fugitive dust may be generated during loading of sand in tippers and tractors and during
		transportation through haul road. The mine has proposed to engage mobile water

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		tanker for sprinkling of water on haul roads to control fugitive dust emission.
12	OB/solid waste management	There will be no generation of OB or any solid waste during sand mining as per approved mining plan.
13	Conclusion and Recommendation	1. It has deposited adequate CTO fee up to 31.03.2022. 2. The mining plan has been approved for the year 2020-22 for year wise production of sand. 3. The unit has obtained CTO from the
		Board vide this office order No.2642, dtd. 25.11.2016 for production of sand of quantity 5,660 Cum (Total) in the period 2016-20 and in the EC total production quantity is*7060*Cum. So
		the balance quantity of stone to be
		produced is *1400* Cum in the
		remaining lease period.
		4. In view of the above, consent to
		operate may be considered upto
		*04.10.2021*with special conditions
		under Water & Air (PCP) Acts for
		mining of Stone of quantity*1400*Cum during the 2020-22 through the mine
		has applied for production of sand of
		quantity 2105 Cum (Total) as per
		approved modified mining plan in the
		remaining lease period i.e. 2020-21 and 2021-22.”

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The Respondent No.3, State Environment Impact Assessment Authority (SEIAA), Odisha has filed an affidavit dated 01.10.2024 and in its affidavit, it is stated that the District Collector & District Magistrate, Mayurbhanj had submitted the District Survey report of sand to SEIAA, Odisha vide their letter dated 19.07.2022 for approval of State Level Expert Appraisal Committee (SEAC) & State Environment Impact Assessment Authority (SEIAA).

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It is stated that the letter was issued to the Collector & District Magistrate, Mayurbhanj and Balasore for a joint meeting at SEIAA Office and thereafter the District Survey Report (hereinafter referred to as ‘DSR’ for short) of Balasore District was approved by SEIAA and at present is pending for the District Authority for re-appraisal in terms of the order of the National Green Tribunal dated 16.07.2024 passed in Appeal No.18/2023 (I.A. No.10/2024/EZ in the matter of Haripada Manna Vrs State of Odisha and Others ). Paras 19 and 20 of the order dated 16.07.2024 read as under:-

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“ORDER

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xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

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19. In the present case, in view of the letter of the Collector & District Magistrate, Balasore, dated 30.05.2024, since no Replenishment Study has been carried out in the District-Balasore, the impugned order of approval of the District Survey Report vide impugned order 9 dated 26.04.2023 is liable for revocation and cannot be acted upon. In the absence of Replenishment Study in the District Balasore, duly considered by State Expert Appraisal Committee and approved by SEIAA, Odisha, no sand mining can be carried out in the stretch of the Subarnarekha river passing through the District Balasore. We accordingly allow the present Appeal and quash the impugned order dated 26.04.2023.

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20. However, without prejudice to the order that has been passed hereinabove, we may observe that it will always be open for SEIAA, Odisha, to reconsider the matter of grant of approval of District Survey Report, if the same is submitted afresh with Replenishment Study, in accordance with law”.

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It is further stated that the District Survey Report (‘DSR’ for short) of Mayurbhanj is yet to be approved by SEIAA and presently, no

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District Survey Report (‘DSR’ for short) of Mayurbhanj District has been submitted to SEIAA, Odisha for approval.

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The Applicant has filed a rejoinder affidavit reiterating the conditions of his Original Application and submitting that the District Survey Report (‘DSR’ for short) is a pre-requisite, mandatory conditional precedent required to be prepared and also approved by SEAC and SEIAA before any mining leases are auctioned and through any Auction notice without following the procedure under the MOEF Notification dated 15.01.2016 read with the Sustainable Sand Mining Management Guidelines 2016 (‘SSMMG-2016’ for short), Enforcement and Monitoring Guidelines for Sand Mining (‘EMSMG, 2020’ for short) is absolutely illegal. 11. The allegation in the Original Application is that a notice for auction has been issued for a five year long term lease of Budhabalang Sand Bed-1 in Belonapura, Madhunanda, Demphouda of Betonati Tahasil, over an area of 4.98 hectares, MGQ of 5000 CM per annum having geological reserve of 56809 CM. In fact, the categorical stand of SEIAA, Odisha is that till date the DSR for Mayurbhanj District has not been submitted to SEIAA, Odisha for approval.

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An identical matter came for consideration of this Court in Original Application No.84/2023/EZ in the matter of (Abani Kumar Sahu Vs. State of Odisha & Ors.) pertaining to sand mining in the Rayanramchandrapur Sand Source along the Subarnarekha River being carried out in the absence of a District Survey Report in District-Balasore and the said Original Application was disposed of by this Tribunal with a direction that no sand mining shall be carried out in the Rayanramchandrapur Sand Source along the

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Subarnarekha River in the absence of a District Survey Report in District-Balasore duly approved by SEIAA, Odisha.

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In the present case, we find that an Auction notice has been issued for a five year long term lease of Budhabalang Sand Bed-1 in Belonapura, Madhunanda, Demphouda of Betonati Tahasil but as per the stand of SEIAA, Odisha, the District Survey Report (‘DSR’ for short) for District-Mayurbhanj has not been submitted to SEIAA, Odisha for approval.

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We have heard the learned Counsel for the parties and perused the documents on record.

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Mr. Sankar Prasad Pani, learned Counsel for the Applicant has filed a District Survey Report (‘DSR’ in short) of Mayurbhanj District and submits that the same is an interim report and cannot be acted upon.

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We have perused the DSR of Mayurbhanj District which itself mentions that it is an ‘interim report’ and there is also nothing on record to show that the same has been submitted before SEAC and SEIAA for its appraisal and subsequent approval.

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On 08.08.2024, this Court had directed that no mining activity shall be carried out in the District-Mayurbhanj under the interim District Survey Report until further orders of the Court.

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In this view of the matter, we dispose of this Original Application with a direction to the Respondents to ensure that no sand mining shall be carried out in District-Mayurbhanj in the absence of a District Survey Report (‘DSR’ for short) for District-Mayurbhanj unless the same has been duly considered by State Level Expert Appraisal Committee (‘SEAC’ for short) and duly approved by State

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Environment Impact Assessment Authority (‘SEIAA’ for short), Odisha.

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I.As., if any, stand disposed of accordingly. 20. There shall be no order as to costs.

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.....................................
B. Amit Sthalekar, JM
…..........................................
Dr. Arun Kumar Verma, EM
January 10, 2025,
Original Application No.125/2024/EZ
OM

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Bibekananda Pattnaik S/O Late Radhakrushna Pattnaik Aged About 58 Years v. 1. State of Odisha Represented by Chief Secretary Government of Odisha

Case brief

What is this about?

What did the court decide?

Bibekananda Pattnaik S/O Late Radhakrushna Pattnaik Aged About 58 Years v. 1. State of Odisha Represented by Chief Secretary Government of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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