Remanded

Rabindra Kumar Pradhan v. State of Odisha

NGT12 May 2026Original Application No. 119/2026

Case brief

AI extract

What is this about?

The National Green Tribunal Eastern Zone Bench accepted an original application regarding illegal fly ash dumping in Western Odisha. It referred the grievances to the West Bengal State Pollution Control Board for physical verification and appropriate remedial action within three months.

What did the court decide?

Directed the Member Secretary, West Bengal State Pollution Control Board, to verify the allegations and submit a report within three months.

Rabindra Kumar Pradhan vs State of Odisha — Environment and Pollution | NGT (2026)

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Item No.03

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.119/2026/EZ

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Rabindra Kumar Pradhan Applicant Versus State of Odisha Respondents

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Date of hearing: 12.05.2026

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE MR. ISHWAR SINGH, EXPERT MEMBER Applicant: Mr. Ravindra Kumar Pradhan, the applicant in person (through VC).

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ORDER

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The applicant- Mr. Rabindra Kumar Pradhan has sent the present letter petition through email dated 29.01.2026 to this Tribunal, which has been treated and registered as O.A. No.119/2026/EZ for exercise of suo-motu jurisdiction in view of law laid down by Hon’ble Supreme Court

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in Municipal Corporation of Greater Mumbai Versus Ankita Sinha

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and others, (2022) 13 SCC 401 .

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The relevant part of the letter petition enumerating grievances of

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the applicant is reproduced as below:-

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“Subject: Rampant illegal fly ash dumping in Western Odisha and failure of enforcement by SPCB Regional Offices – violation of MoEF&CC Fly Ash Notifications.

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Respected Sir/Madam,

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I respectfully submit this representation to draw your urgent attention to the large-scale, continuous, and fearless illegal dumping of fly ash in the industrial regions of Western Odisha, particularly in Sambalpur, Jharsuguda, and Rourkela.

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This grave issue has now been publicly acknowledged by the Hon’ble MLA, Sambalpur, Sri Jaynarayan Mishra, who has categorically

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stated before the media that illegal fly ash dumping has increased flagrantly in these areas. Most alarmingly, it has also come to light that illegal fly ash was dumped even on the agricultural land of the Hon’ble MLA himself, clearly demonstrating the complete absence of fear of law among violators.

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Failure of Enforcement and Regulatory Breakdown Such widespread and open violations raise serious questions regarding: The efficiency and seriousness of functioning of the Regional Offices of the Odisha State Pollution Control Board;

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The effectiveness of monitoring, inspection, and enforcement mechanisms;

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The continued drastic violation of MoEF&CC Fly Ash Utilisation and Disposal Notifications without deterrent action. Fly ash generated from thermal power plants, captive power plants, and sponge iron industries is being transported and dumped illegally on agricultural land, riverbanks, and in name of the low-lying areas, and near habitations, in clear violation of the Environment (Protection) Act, 1986 and MoEF&CC notifications.

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The persistent nature of these violations strongly indicates that the concerned SPCB officials were aware of such activities, yet failed to prevent or penalise the same, thereby rendering the regulatory framework ineffective on the ground. Environmental and Public Health Impact

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The consequences of illegal fly ash dumping are severe and longterm, including:

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Permanent degradation of fertile agricultural land; Contamination of groundwater and nearby water bodies; Fugitive air pollution causing respiratory illnesses; Irreversible ecological damage affecting present and future generations.

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Such conditions amount to a direct violation of the right to a clean and healthy environment under Article 21 of the Constitution of India.

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In view of the above, I respectfully request your good offices to: Order an immediate joint inspection by CPCB and MoEF&CC in Sambalpur, Jharsuguda, and Rourkela; Conduct a performance and compliance audit of the concerned SPCB Regional Offices;

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Fix accountability of defaulting industries and officials found negligent or complicit; Initiate strict penal action, including environmental compensation and closure where applicable;

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Direct restoration and remediation of affected agricultural and environmental sites at the cost of polluters; Place inspection findings and action-taken reports in the public domain.

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Conclusion

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Illegal dumping of fly ash even on the agricultural land of an elected representative exposes a state of environmental lawlessness and regulatory failure. Immediate, transparent, and time-bound intervention is therefore essential to restore the credibility of environmental governance and prevent irreversible damage.

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I request your esteemed offices to treat this matter with utmost urgency in the larger public interest.”

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We have heard the applicant in person and gone through the material on record.

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The averments made in the O.A. raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010. However, we are of the considered view that the averments made in the application require physical verification of the factual position by the concerned State Authorities who are also under statutory obligations to take prompt remedial action on the basis of such physical verification of the factual position in case of environmental violations.

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Accordingly, the Member Secretary, West Bengal State Pollution Control Board is directed to look into the grievances of the applicant, associate the applicant and representative of the concerned project proponents, verify the factual position and take appropriate remedial action in case of environmental violations by following due course of law and giving opportunity of being heard to the applicant, concerned project proponents and persons adversely affected in accordance with principle of natural justice and to submit its report within three months to this Tribunal.

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Report as directed above may be filed before the learned Registrar of this Tribunal at Kolkata, who shall be at liberty to place the matter before the Bench if further orders are considered to be necessary.

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The present original application is disposed of accordingly with directions as mentioned above.

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A copy of this order alongwith copy of O.A. and documents attached therewith may be sent to the Member Secretary, West Bengal

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State Pollution Control	Board	email	for	requisite
information/compliance.
		Arun	Kumar	Tyagi, JM
			Ishwar	Singh, EM
May 12^th, 2026 Original Application No.119/20 SN	26/EZ

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Rabindra Kumar Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rabindra Kumar Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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