B. Amit Sthalekar, J. (Member (J))

1. Heard the learned Counsel for the parties and perused the documents on record.

2. The main allegation of the Applicants in this Original Application is that the Respondent No. 8, Private Respondent, and others were doing illegal mining in more than 29.90 acres of Cashew Forest Land known as 'Kisam Jungle' situated in Khata No. 754, Plot No. 2824 of Madanpur-Mouza, Ghasipura-Tahasil, District-Keonjhar, Odisha. It is alleged that the complaints were made by the villagers on 02.11.2012 after which the Tahasildar-Ghasipura, has assessed that around 3769.16 m3 of forest land being Jungle Kisam has been destroyed by cutting down trees. It is further alleged that there is an illegal quarry adjoining to the Patilo Reserve Forest near the Khadika Bahail Village. The present illegal mining site is adjoining to Patilo Reserve Forest and traps are being used by illegal miners to trap wild animals. It is also alleged that two hamlets, namely, Patharpada and Bandhasahi, are adjoining to the illegal mining site and the villagers are facing sound and air pollution because of quarrying activities and flow of heavy traffic carrying laterite stone. It is also alleged that illegal stone quarrying is being carried out over an area of 3.22 acres which is leased out to one Sudhansu Sekhar Mallick, Respondent No. 8 herein, situated in Khata No. 756 and Plot No. 3364.

3. Photographs along with the Original Application have also been filed by the Applicants to show clearing of the Cashew Forest by using earth movers.

4. Notices were issued and a report was called for from the District Collector, Keonjhar, and the Divisional Forest Officer, Anandpur.

5. A Joint Inspection Report has been filed by the Divisional Forest Officer, Keonjhar Wildlife Division, Anandpur, Respondent No. 4, with respect to a joint inspection of Khata No. 754, Plot No. 2824 situated in Madanpur-Mouza-, Ghasipura-Tahasil, District-Keonjhar, conducted on 29.04.2019 by the Collector-Keonjhar and the Divisional Forest Officer, Anandpur. The Joint Inspection Report reads as under:-

"Status Report after joint inspection on 29.04.2019 by the District Collector, Keonjhar and the Divisional Forest Officer, Keonjhar Wildlife Division, Anandpur in the matter of O.A. No. 11/2019(EZ), Sudhansu Sekhar Kuanr & another (applicants) vrs. State of Odisha & other (Respondents) before the National Green Tribunal Principal Bench, New Delhi (Video Conferencing) and order dtd. 01.04.2019 thereof of the Hon'ble NGT.

As per order dt. 01.04.2019 of the Hon'ble National Green Tribunal Principal Bench, New Delhi (Video Conferencing) in the matter of O.A. No. 11/2019 (EZ) Sudhansu Sekhar Kuanr & another (applicants) vrs. State of Odisha & other (Respondents), the joint inspection to the Khata No. 754, Plot No. 2824 in Madanpur Mouza in Ghasipura Tahasil of Keonjhar District was conducted on 29.04.2019 by the Collector, Keonjhar & the Divisional Forest Officer, Anandpur.

The following points are observed which are listed below for favour of kind perusal/appraisal of the Hon'ble NGT.

In the said Khata No. 754, there are 6 no. of plots all of Kissam (type) Jungle Mela (open) adjoining to each other, having Plot number 2928 (Total area of 9,300 Acre), Plot number 2824 (Total area of 29,900 Acre), Plot number 2825 (Total area of 25,000 Acre), Plot number 2826 (Total area of 36,100 Acre), Plot number 2827 (Total area of 20,250 Acre), Plot number 2828 (Total area of 21,080 Acre).

In the alleged plot No. 2824 of Khata no. 754, habitation has come up in a portion and in balance portion there is cashew plantation and a very small laterite mined quarry existing.

Actually the mined laterite quarries over an area of approximately 40 acre, exist in the above mentioned plot no. 2825 and 2826 adjacent to plot no. 2824.

It has been brought to our notice that on the above plots, massive cashew plantations were taken up during late 1970s under a national employment generation scheme by the local Soil Conservation department and usufruct rights were given to the surrounding villages of Madanpur Mouza. After about 10 years of plantation, fruiting in cashew plantations normally get reduced. So the areas have got infested also with weeds and obnoxious bushes intermingled with old cashew trees.

It is further observed while visiting to the site through the nearby villages that almost all houses, compound walls, retaining walls to village ponds of the surrounding habitations are made of these laterite blocks as building materials instead of bricks.

On enquiry from some villagers present at the site, they informed that since last 20 years they are using these laterite blocks as building materials, as there are no bricks manufactured in their village areas. The said patch is the only major source of laterite blocks fulfilling demand of local villagers. It was overall estimated that approximately 3650 nos. Households of surrounding 7 nos. Of villages namely Dantia, Madanpur, Khadikasulabahali, Janapada, Patilo, Sainkul and Kanpur have been depending on these patch of plots as source of building material as their bonafide needs and also as livelihood purposes.

It was further learnt that the houses and compound walls of the Applicants have also been built using these laterite blocks.

The above mined plots are not authorised leased quarries. Since about last 20 years, the villagers of surrounding villages are illegally quarrying and committing theft to produce their only source of building materials. During night time they come in groups with implements and machineries, illegally break open the areas by clearing old cashew plant and weeds, cut the land to blocks and smuggle out the laterite blocks to their villages. Whenever they come across the squads, they gather to form mob and heavily resist the legal actions initiated by the squad and flee away to the villages. Many time, out of group conflicts over owning the illegally procured materials, one group complain against the another group. It is also revealed from the locals present during the inspection that there were severe conflicts between the group of Applicants and other groups time and again.

However amid such situations, the local revenue authorities have regularly conducted raids and in last 3 years (i.e. 2016-17 to 2018-19), 57 cases are detected and an amount of Rs. 23,53,364/- (Rupees Twenty three lakhs Fifty three thousand and Three hundred Sixty four only) of revenue have been collected from the offenders.

In the above back ground, we submit that the allegation mad by the Applicant and mentioned in Order dated 01.04.2019 by the Hon'ble Tribunal "that the eight party respondents and others were doing illegal mining in more than 29.90 acres of cashew forest land known as kisam Jungle in Madanpur Mouza in Ghasipura Tahasil of Keonjhar District", is not correct. Because, auction has never been held to lease out this patch to any one by the revenue authorities either at local or district level. As there was no instant of authorised lease process held over for above quarry activities, the application of Forest Conservation Act, Environment Protection Act, and role of State Pollution Board, have not arisen.

It is not appropriate to term the land as a cashew forest because it is just a normal cashew plantation done over this open (Mela) Jungle Kissam patch during late 1970s. The cashew plantation is a non-forest activity as per Forest Conservation Act, 1980.

Hence the whole situation is an outcome of unauthorised, illegal, theft like forcible practices of the thousands of villagers of surrounding villages, who have heavily dependent upon the patch of land for their bona fide needs of building materials and earning of livelihood during the course.

With regards to allegations like trapping of wild animals and cattle inside the dugout pits over the instant mined out areas, no such incidences have been reported either to revenue and forest authorities. But such incidences cannot be ruled out. The cattle belong to same villagers of adjacent villages who have done these misdeeds.

All the environmental eventualities like lack of water for irrigation, sound pollution, air pollution, heavy traffics mentioned in the application though have been exaggerated but cannot be taken lightly, unless the villagers come forward to cooperate the authorities by suspending their involvement and support for such unlawful acts, to completely stop the illegal quarrying and theft of laterite blocks.

Nature of Action taken:

1. As mentioned above regular raids are being conducted by the local revenue authorities as a result of which in last three years 57 cases are detected and fines have been imposed.

2. Recently a joint squads have been formed taking local revenue, police and forest personnel for more coercive action against the offenders.

3. Confidential intelligence have been gathered about the involvements of local goons and machinery owners for further legal course of action by police under IPC.

Proposed Action to be taken:

1. The above joint squads will be stationed at the nearby site to whole time guard the area to refrain the villagers age old illegal practice of collecting these building materials.

2. The quarried area to be rehabilitated in scientific manner by temporary fencing, developing the land, raising plantations and creating water harvesting structures through a micro plan actively involving the same local people as stake holders creating water harvesting structures through a micro plan actively involving the same local people as stake holders.

3. Through the District Industrial Centre, alternative building materials like fly ash bricks will be promoted and popularised among the villagers which will also generate income to strengthen the alternative livelihood.

4. Regular awareness and motivational interfaces will be constituted among the villagers to realise the environmental issues and how to take corrective measures.

To conclude we have to opine that in a largest democratic country like India, for which we feel proud internationally, the bona fide needs of poorer class of the society and matters thereof, have to be dealt carefully and meaningfully, so that we ensure peoples' voluntary participation in environmental protection and conservation rather enforcing coercive legal actions."

6. After perusing the above report, the Tribunal in its order dated 16.10.2019 has observed as follows:-

"5. The status report reveals lawlessness prevailing in the area as illegal mining is being given a free run and no effective measures appear to have been taken to stop such activities. Sporadic action which appears to have been taken would not amount to effective action for protection of the environment. From the rampant illegal mining going on in the area, we can reasonably infer that there is something dark at the bottom. The photographs demonstrate that JCBs are being used for extracting the mineral and the mining activity is being carried out at a large scale in an organized manner making it difficult to accept that it is the villagers who are doing it for domestic use as claimed.

6. The amounts recovered admittedly are against royalty and penalty imposed under a specific statute which is distinct from environmental compensation and the cost of restitution, remediation and restoration of the environment under the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974 which have overriding effect notwithstanding anything inconsistent therewith contained in any enactment. No prosecution also appear to have been instituted against the offenders either under the Environment (Protection) Act, 1986 or the Air (Prevention and Control of Pollution) Act, 1981 or the Water (Prevention and Control of Pollution) Act, 1974 or the Forest (Conservation) Act, 1980 or the Indian Penal Code. The authorities appear to have remained a mute spectator to the brazen illegalities being committed.

7. The nature of action indicated in the report appears to be totally inadequate. Even the proposed action would not satisfy the requirement of the environmental laws which need to be punitive and deterrent. The machinery, tools and the mined out mineral have also not been seized.

8. Having regard to the fact that rampant illegal mining is being carried out with impunity, we direct the DC, the Superintendent of Police, Keounjhar district, the DFO, Anandapur as well as the State Pollution Control Board to take steps expeditiously to prohibit further mining in accordance with law which shall include following steps:

i. All illegally mined out minerals be seized and kept in custody of the authority after due inventorization.

ii. As suggested in proposed action (2.) the quarried area to be rehabilitated in a scientific manner by temporary fencing, developing the land, raising plantations and creating water harvesting structures through a micro plan actively involving the local people as stake holders.

iii. The State PCB, the DC and the District Mining Officer, Keounjhar District and the CPCB shall collectively assess (a) the damage caused to the environment and, (b) the cost of remediation, restitution and restoration of the damages caused and the net present value of the ecological services foregone. While doing so they may take the assistance of the CPCB.

7. The Tribunal also directed the DC and the SP, Keonjhar, to ensure that sufficient security personnel are deployed for effective implementation of the above directions and called for a further report in this regard.

8. An affidavit dated 30.07.2019 has been filed by the Assistant Conservator of Forest, Keonjhar Wildlife Division, Anandpur, stating therein that in Plot No. 2824 of Khata No. 754, area 29.90 acres being Kisam Jungle, situated in Madanpur-Mouza, some local people are residing by constructing house and there is an old cashew plantation and very small laterite mine quarry existing. No quarry lease has been given to anyone for laterite mining on this plot by the Revenue Department of the District. It is, however, stated that the villagers have built their houses using laterite blocks as building material instead of bricks by illegally acquiring laterite from the plot in question. It is also stated that since 20 years villagers are using these laterite blocks as building material the plot in question being the only source of laterite blocks. It is also stated that as per the report of the Tahasildar-Ghasipura, during the last three years i.e., from 2016-17 to 2018-19, total 57 cases of Touzi Miscellaneous have been booked and an amount of Rs. 23,53,364/- (Rupees Twenty Three Lakhs Fifty Three Thousand Three Hundred Sixty Four only) has been realized towards royalty and penalty against persons who are illegally taking stones from the plot in question as would be clear from the chart given in para 6 of the affidavit (page no. 51 of the paper book) which reads as under:-

9. In the affidavit, it is however, stated that the cashew plantation is a non-forest activity as per the Forest (Conservation) Act, 1980.

10. The Central Pollution Control Board has also filed an affidavit dated 3.12.2019 stating therein that the Central Pollution Control Board, Odisha State Pollution Control Board, District Mining Officer and the Deputy Commissioner (DC), Keonjhar, carried out a joint inspection on 02.12.2019 in the affected area and assessed the damage caused due to the illegal mining and also calculated the Environmental Compensation for restoration, repair, reclamation and rehabilitation to the tune of Rs. 7,30,00,000/- (Rupees Seven Cores Thirty Lakhs only). The relevant extract of the report filed along with the affidavit of the Central Pollution Control Board reads as under:-

"Compliance report in the matter of O.A. No. 11/2019(EZ) filed by Sudhansu Sekhar Kuanr & Ors vs. State of Odisha & Ors before the Hon'ble National Green Tribunal Principal Bench, New Delhi (Video Conferencing) and Order dtd. 16.10.2019 thereof of the Hon'ble NGT.

1.0 Background:

The Hon'ble NGT, Principal Bench New Delhi vide order dated 16.10.2019 in para 8(iii) (enclosed as Annexure-1) has directed as follows: The State PCB, the District Collector and the District Mining Officer Keonjhar District and the CPCB shall collectively assess (a) the damage caused to the environment and (b) the cost of remediation, restitution and restoration of the damages caused and the net present value of the ecological services foregone.

In compliance to the above said direction and subsequent order of Collector and District Magistrate, Keonjhar vide letter no. 2233/Judl. Dtd. 22.11.2019, the following officials have visited the alleged site on 02.12.2019 to assess the damage caused to the environment and the cost of remediation Sri Madhab Chandra Birua, Tahasildar (I/C), Ghasipura, representative of District Collector, Keonjhar, has accompanied with the team.

1. Ms. Susmita Ekka, Scientist D. Central Pollution Control Board, Kolkata

2. Sri P.C. Behera, Regional Officer, State Pollution Control Board, Keonjhar, Odisha

3. Sri D.C. Sahoo, Mining Officer, Keonjhar, Odisha

Before Inspection to the alleged site, the committee had discussed the case matter with Tahasildar, Ghasipura. After field visit, the committee along with Tahasildar Ghasipura had also discussed the case matter with Sub-Collector, Anandpur. Sub-Collector instructed to the Tahasildar Ghasipura to provide necessary information to the committee.

2.0 Field Observation:

(a) The committee visited the site cashew forest land known as Kisam Jungle in Madanpur Mouza in Ghasipura Tehsil of Keonjhar district in Khata No. 754, Plot No. 2824 on 02.12.2019. However no mining activities was observed during the date of Inspection.

(b) Excavation of minor mineral i.e. laterite was observed patch wise in the affected area.

(c) Trench has been developed presently around the affected area to restrict the illegal mining.

(d) Tahasildar Ghasipura has collected a sum of Rs. 23,53,364/- from the offenders towards royalty and penalty during the last 3 years from alleged land. (Report of Tahasildar is enclosed as Annexure 2).

3.0 Assessment of Environmental Compensation

The Hon'ble NGT vide order dated 13.09.2018 in OA No. 186 of 2016 (Satendra Pandey Vs MoEF & CC, Govt. of India) has inter alia directed as follows:

The MoEF & CC to prepare guidelines for calculation of the cost of restitution of damage caused to mine out areas along with the net present value of Ecological Services foregone because of illegal or unscientific mining. In absence of the above said guidelines, it was attempted to assess the cost of restoration taking assumption and references from the available following Rule and methodology.

I. Report of the CPCB in-house Committee on Methodology for assessing Environmental Compensation and action plan to utilise the fund.

II. Orissa Minor Mineral Concession Rule, 2016

A. Environmental Compensation as per Methodology developed by CPCB

A report was prepared by the In-house Committee of Central Pollution Control Board (CPCB), on Methodology for assessing Environmental compensation and action plan to utilise the fund (enclosed as Annexure 3), in compliance to the orders of Hon'ble NGT, Principal Bench in the matter of OA No. 593/2017 (WP(civil) No. 375/2012, Paryavaran Suraksha Samiti & Anr. Union of India & Ors. Environmental Compensation has been assessed adopting the following formula

Formula:

EC = PI x N x R x S x LF

Where:

EC is Environmental Compensation in Rupees

PI = Pollution Index of Industrial sector

N = Number of days of violation took place

R = A factor in Rupees for EC

S = Factor of scale of operation

LF + Local Factor

Location of alleged site	Total Mine out Area	Pollution Index of Industrial Sector	Number of days of violation took place (operating without EC/CTO)	A Factor in Rupees for EC	A Factor for scale of operation	Local factor	EC= PI x N x R x S x LF
Factor		PI	N	R	S	LF
Madanpur Mouza in Ghasipura Tehsil	29.90	80	7300	250	0.5	1	7,30,00,000/-

Note:

a. The mining activities are coming under Red Category of Industries as specified in Sl. No. 35 as per the SPC B, Odisha Notification No. 8333 dated 11.07.2018. Therefore, for above cases PI is considered as 80.

b. The Number of days of violation as reported by Joint inspection report on 29.04.2019 by District Collector, Keonjhar and DFO, Keonjhar Wildlife Division, Anandpur in the matter of O.A. No. 11/2019 (EZ) i.e. 20 years or 20 x 365 = 7300 days (Report enclosed as Annexure-4). No information about the number of working days/year has been provided, so 365 days has been considered for calculation.

c. A factor in Rupees for EC has been assumed as Rs. 250/- for cases of violation.

d. Factor of scale of operation has been considered as 0.5 (Small) assuming excavation of the top soil and mining of laterite. The average depth of quarries is 5-20 ft. Depth.

e. Local Factor has been assumed as I (for city/town having population less than one million)

B. For Environmental Management Fund:

As per the sub-rule (2) of Rule-49 of the Odisha Minor Mineral Concession Rule, 2016 it states that "An amount equal to 5% of the royalty payable shall be collected from the Lessees and shall be paid to the Environment Management Fund in such manner, as may be specified in the notification, issued by the Govt, and such amount shall be realized along with the royalty. As per the sub rule (3) of the said Rule, the Environment Management Fund shall be utilized for the following objects, namely:

(i) Restoration;

(ii) Repair, reclamation and rehabilitation work required to be undertaken for adjoining or external damage, outside the quarry, caused by mining activities;

Moreover it has also been provided that any casualty by the lessee due to his negligence or non-compliance of conditions made in the lease deed shall be compensated or re-habilitated by the lessees.

In the above circumstances, as the alleged area has not been lease out by the revenue authority for mining activities and illegal mining was carried out by the local people. Tahasildar Ghasipura has collected a sum of Rs. 23,53,364/- towards royalty and penalty during the last 3 years from the offenders 5% of the said penalty amount may be deposited in the Environment Management Fund as per Odisha Minor Mineral Concession Rule, 2016.

4.0 Conclusion

In view of the above, it is concluded as follows:

Based on the methodology recommended by the In-house committee of the CPCB, the Environmental Compensation is assessed to be of Rs. 7,30,00,000/- (Rupees seven crore thirty lakhs only)."

11. The Assistant Conservator of Forests, Keonjhar Wildlife Division, Anandpur, has filed another affidavit dated 16.01.2020, bringing on record the Rehabilitation Plan of quarried area situated in Plot No. 2824 and its adjoining Plots under Mouza-Madanpur under Sainkul RI Circle of Ghasipura Tahasil of Keonjhar District, Odisha. The total area to be covered under this Rehabilitation Plan is 102.00 acres (41.40 hectares) comprising total area of Plot No. 2824 i.e., 29.9 acres and part area of adjoining Plots being Plot Nos. 2825, 2526, 2827, 2828 of Khata No. 754 and the total peripheral boundary/perimeter of the area is 3500 running meters (approximately). After treatment of soil, the following species of plants have been proposed for plantation:-

1. Anacardium occidentale (Cashew)]

2. Simarouba glauca (Simaruba)

3. Phyllanthus emblica (Amla)

4. Mangifera indica (Mango)

5. Artocarpu sheterophylla (Jack Fruit)

6. Annona reticulata (Custard Apple)

7. Cassia siamea (Chakunda)

8. Gmelina Aarborea (Gambhari)

12. It is also proposed to raise a nursery of 1760 seedlings per hectare including seedlings for 10% casualty replacement. The total cost of plantation of 10 hectares is estimated at Rs. 30,33,923/- (Rupees Thirty Lakhs Thirty Three Thousand Nine Hundred Twenty Three only). The cost for various activities is as under:-

13. It is also stated that the total amount required for Public Awareness Meeting to make villagers aware abut fly-ash brick making and its use would come to Rs. 6,00,000/- (Rupees Six Lakhs only). For improvement of existing excavated pits to water harvesting structures, the following estimates have been given which read as under:-

14. It is also stated that this Plan has been submitted to the Collector & District Magistrate, Koenjhar District, for allotment of funds to the tune of Rs. 2,01,57,500.00/- (Rupees Two Crores One Lakh Fifty Seven Thousand Five Hundred only) for executing the above Rehabilitation Plan.

15. The Tahasildar-Ghasipura, Respondent No. 5, in his affidavit dated 16.01.2020 has stated that since 01.04.2019, four cases have been booked and an amount of Rs. 35,500.00/- (Rupees Thirty Five Thousand Five Hundred only) has been realized towards royalty under Rule 25(5) and penalty under Rule 51 of the Orissa Minor Mineral & Concession Rules, 2016 ('OMMC Rule, 2016' for short) from the offenders against the vehicles involved in illegal transportation of laterite stone from the surrounding areas of Madanpur Revenue Village. The Chart filed along with the affidavit, showing Touzi Miscellaneous Case numbers and the amounts recovered read as under:-

16. The Sub-Divisional Police Officer, (SDPO), Anandpur, has also filed affidavit dated 13.01.2020, stating therein that during patrolling and joint raid conducted by I.I. Cs of different police stations with Tahasildar, total fine of Rs. 5,55,804/- (Rupees Five Lakhs Fifty Five Thousand Eight Hundred Four only) has been recovered from persons who were illegally operating the mines and the following cases have been registered against them; (1) Ramachandrapur P.S. Case No. 139 dated 29.09.2019 under Section 379/34 I.P.C. read with Section 21 of MMDR Act. (2) Ramachandrapur P.S. Case No. 232 dated 30.12.2019 under Section 379/34 I.P.C. read with Section 21 of MMDR Act. (3) Ramachandrapur P.S. Case No. 3 dated 07.01.2020 under Section 379/34 I.P.C. read with Section 21 of MMDR Act. (4) Ramachandrpur P.S. Case No. 4 dated 08.01.2020 under Section 379/411 I.P.C. read with Section 21 of MMDR Act. (5) Ramachandrapur P.S. Case No. 7 dated 12.01.2020 dated under Section 379/411/34 I.P.C. read with Section 51 of OMC Rule. (6) Anandpur P.S. Case No. 8 dated 11.01.2020 under Section 379/188/411/34 I.P.C. read with Section 51 of OMC Rule.

17. In this affidavit, it is also stated that during the course of investigation in Ramachandrapur P.S. Case No. 139/2019 (1) one Mahendra Tractor (Model-D.I.471) without registration number (2) Power Tiller fitted with cutter (3) Later rite stones 7 pieces have been seized. In Ramachandrapur P.S. Case No. 232/2019 (1) 3 nos. F Power Tiller with cutter, (2) Laterite stones 11 pieces and in connection with Ramachandrapur P.S. Case No. 3/2010, (1) One Tractor bearing Regd. No. OD 09-L-5061, (2) 75 pieces of Laterite Stones in connection with Ramachandrapur P.S. Case No. 4/2020 (1) one Tractor bearing Regd. No. OD 09 L 6286 loaded with sands and in connection with Ramachandrapur P.S. S.D.E. 06 dated 31.08.2019 detected two tractors bearing regd. No. OD 09 L 6286 and OD 09 F 4151 loaded with Morrum. (1) Ramachandrapur P.S. Case No. 8 dated 12.01.2020 one red colour Mahindra Mini Truck without registration loaded fully laterite stone. (2) Anandpur P.S. Case No. 8 dated 11.01.2020 one Tractor bearing Regd. No. OD 09 J 4874 loaded with sands was seized.

18. The Odisha State Pollution Control Board, Respondent No. 6, has also filed an affidavit dated 13.08.2021, stating therein that for restoration, repair, reclamation and rehabilitation as well as recovery of Environmental Compensation an amount of Rs. 7,30,00,000.00/- (Rupees Seven Crores Thirty Lakhs only) has been determined by the Board.

19. The Respondent No. 3, Collector, Keonjhar, in his affidavit dated 15.09.2021 has also stated that for recovery of Environmental Compensation amount to Rs. 7,30,00,000.00/- (Rupees Seven Crores Thirty Lakhs only), from the defaulting miners, the Tahasildar-Ghasipura, has been directed for detection of defaulting miners, collection of penalties and taking legal action against them.

20. In the affidavit of the Tahasildar-Ghasipura filed on behalf of the District Collector, Keonjhar, dated 16.11.2021, it is stated that 21 number of defaulting laterite stone miners have been identified who extracted 413 pieces of laterite slab from the plots in question and Touzi Miscellaneous Cases have been filed against them under the provisions of Rule 51 of the Odisha Minor Mineral Concession Rules, 2016 for realization of penalty. It is also stated that all the defaulting miners were issued notices to appear before the Tehsildar-Ghasipura to show cause as to why compensation amount may not be recovered from them for illegal laterite stone mining. It is also informed that out of the 57 illegal miners, 21 have been identified to whom notices have already been issued as mentioned in paragraph 5 of the affidavit and for the remaining 36 illegal miners notices have also been issued and the date was fixed for hearing on 16.11.2021 on which those 36 miners appeared but they did not file their replies and, therefore, another date has been fixed.

21. In the affidavit, it is also stated that a team of officials visiting the site have noted that the site in question spreads over 06 adjacent patches of plots with Kisam Jungle, measuring about 21.080 acres out of Khata No. 754 in Village-Madanpur, P.S.-Ghasipura, District-Keonjhar, and the site still has some old cashew trees which have lost its yielding capacity over the years. It was observed that excavated pits scattered over the site which are about 10 feet deep. It is also stated that towards restoration of the site in question, the Divisional Forest Officer, Wildlife Division, Anandpur, has arranged to plant 16,000 seedlings comprising of Kaju, Amla, Jamun, Arjun, Semaruba, Karanja etc. for plantation over the proposed 10 hectares area for restoration and rehabilitation in respect of the area affected by illegal mining in the Madanpur. It is further stated that a sum of Rs. 1,71,84,760/- (Rupees One Crore Seventy One Lakhs Eighty Four Thousand Seven Hundred Sixty only) has also been proposed towards construction of three check dams, ten masonry drop outlets, five earthen structure with masonry outlet and thousand running meters of contour graded bunds out of the Odisha Mineral Bearing Areas Development Corporation Scheme.

22. The Tribunal, therefore, directed the District-Collector, Keonjhar, Respondent No. 3, to file a fresh compliance affidavit, showing action taken with regard to recovery of Environmental Compensation and further action against the 57 illegal miners and also with regard to restitution and restoration of the illegally quarried site in Madanpur.

23. On 15.03.2022, an additional affidavit dated 11.03.2022 has also been filed on behalf of the Respondent No. 3, District Collector, Keonjhar, and it has been informed by Ms. Samapika Mishra, learned Additional Standing Counsel appearing for State Respondents, Govt. of Odisha, that as on today i.e., on 15.03.2022, a total amount of Rs. 2,21,746/- (Two Lakhs Twenty One Thousand Seven Hundred Forty Six only) has been recovered towards Environmental Compensation from the illegal miners out of the total amount of Rs. 7,30,00,000/- (Rupees Seven Crores Thirty Lakhs only) which is just 0.25% of the total Environmental Compensation amount.

24. Therefore, the State Respondents were further directed to file a fresh affidavit indicating what steps have been taken for recovery of the remaining amount. The State Respondents were also directed to indicate as to how many criminal cases have been filed against the illegal miners and also to give a list of the dues for recovery and amount recovered against each of the illegal miners in a tabular form before the next date of listing.

25. A further affidavit dated 27.05.2022 has been filed by the Respondent No. 3, Collector, Keonjhar, wherein it is stated that the Project Director, National Highway Authority of India ('NHAI' for short), Project Implementation Unit, Keonjhar, was requested vide letter dated 07.05.2022 to deposit the Environmental Compensation amounting to Rs. 6,74,99,944/- (Rupees Six Crores Seventy Four Lakhs Ninety Nine Thousand Nine Hundred Forty Four only), but the Project Director NHAI, Keonjhar, has failed to deposit the said amount before the Tahasildar-Ghasipura till 15.05.2022. It is also stated that the Project Director, NHAI, Keonjhar, vide his letter dated 19.05.2022 requested the Chief General Manager (CGM) (Technical) & Regional Officer, NHAI, Bhubaneswar, to forward the proposal to the NHAI, Headquarter, New Delhi, to recover the amount from the available bank guarantee of M/s. Gayatri Projects Limited, the defaulting miner, who is liable to pay Rs. 6,74,99,944/- (Rupees Six Crores Seventy Four Lakhs Ninety Nine Thousand Nine Hundred Forty Four only). It is also stated that M/s. Gayatri Project has filed a Writ Petition before the High Court of Orissa being W.P. (C) No. 13280/2022, challenging the demand notice dated 10.03.2022 issued by the Tahasildar-Ghasipura, but no interim order has been passed by the Hon'ble High Court till 21.06.2022.

26. An additional affidavit dated 02.07.2022 has also been filed by the Respondent No. 3, Collector, Keonjhar, stating therein that M/s. Gayatri Project Limited, Respondent No. 9, who has illegally extracted minor minerals from Village-Madanpur under Ghasipura-Tahasil of Keonjhar District, has failed to deposit the Environmental Compensation amounting to Rs. 6,74,99,944/- (Rupees Six Crores Seventy Four Lakhs Ninety Nine Thousand Nine Hundred Forty Four only), as a result of which the Tahasildar-Ghasipura has filed a Certificate Case No. 10/2022 before the Court of Collector-cum-Certificate Officer, Keonjhar under Section 6 of Orissa Public Demands Recovery Act, 1962 ('OPDR Act, 1962' for short) for realization of Environmental Compensation worth of Rs. 7,18,19,536/- (Rs. 6,94,99,944/- + Rs. 23,19,592/-).

27. The Respondent No. 9, M/s. Gayatri Projects Limited, has filed an affidavit dated 21.08.2022, stating therein that the said Respondent has not only made the payments as per demands of the Tahasildar-Ghasipura for royalty/penalty but the NHAI has also made payments to the Respondent No. 9 after deduction of royalty and penalty and in the meantime the NHAI has also paid Rs. 7,23,38,759/- (Rupees Seven Crores Twenty Three Lakhs Thirty Eight Thousand Seven Hundred Fifty Nine only), towards penalty and royalty to the Collector & District Magistrate, Keonjhar, which has been deducted from the bill of the Respondent No. 9.

28. The Tahasildar-Ghasipura, Respondent No. 6, in his affidavit dated 23.12.2021 has stated that earlier 21 defaulting laterite stone miners have been identified for accompanying 413 pieces of laterite slates from the alleged plot in question and they have been asked to show cause as to why the compensation amount be not recovered from them towards illegal extraction of laterite stone from the said plot to which the noticees have also filed their objections. It is also stated that the authorities have further identified 57 defaulting laterite stone miners and they have also been asked to show cause till 20.12.2021 as to why the compensation amount be not recovered from them towards illegal extraction of laterite stone from the alleged plot. It is also stated that as per the Rehabilitation Plan of the quarried area in Plot No. 2824 and its adjoining plots situated in Madanpur Mouza of Ghasipura Tahasil, District-Keonjhar, 16,000 seedlings have already been planted over an area of 10 hectares, namely, Cashew, Seemaruba, Manun, Karanja, Amla, Arjun, Acacia, Neem Teak etc. during July 2021. Plantation work over 10 hectares has also completed tending operation like casualty replacement, weeding, soil working manuring etc. and the balance first year work will be completed by March 2022 and all planting operations with maintenance work will be completed by March 2025. It is further stated that the work is in progress for construction of check dam, masonry drop outlet, earthen structure with masonry out-let and contour graded bund and the estimated cost of such projects comes to Rs. 1,71,84,760/- (Rupees One Crore Seventy One Lakhs Eighty Four Thousand Seven Hundred Sixty only), for which a proposal has been sent to the Project Director, Watershed, Keonjhar, for sanction of funds. The details of the project estimates are as under:-

29. From the various affidavits and other documents on record what emerges is that illegal mining of laterite stone prima-facie has been established from the plots in question; some of the laterite stones have been used by the villagers for construction of their houses; FIRs have been lodged and trial/investigation is in progress and Environmental Compensation has also been determined.

30. So far as M/s. Gayatri Projects Limited, Respondent No. 9 is concerned, their stand is that it took up execution of a road project, National Highway-215 in the State of Odisha in Ghasipura Tahasil upto 2016-17. It is stated that the said construction project was for a period of 910 days. The concession period was for 24 years including construction period comprising widening of existing two lane to four lane highway with paved shoulders, construction of 6 major bridges, 30 minor bridges, one flyover, two ROBs, 15 VUPs, 21 PUPs, 6 AUPs, two EUPs, culverts, service roads, 3 toll plazas, bus bays, truck lay byes and improvement of major and minor junctions etc. A supplementary agreement for granting extension of time was also signed on 31.03.2017 between the concessionaire and NHAI. The further case of Respondent No. 9 is that the certified agency of the NHAI has issued a Provisional Completion Certificate in favour of M/s. Sai Maatarini Tollways, who was the selected bidder and the Respondent No. 9 has executed the work on behalf of M/s. Sai Maatarini Tollways and NHAI had completed the substantial works as on August 2017 including 95% of earth works. It is also stated that M/s. Gayatri Projects Limited, Respondent No. 9, has not executed any earth works beyond August, 2017.

31. The specific case of the Respondent No. 9 is that the said Respondent has worked at the site under Ghasipura-Tahasil of Keonjhar District, Odisha, for not more than two years which, according to them, is also confirmed by the Provisional Completion Certificate (Annexure-A/9 to the affidavit) which is a certificate issued to M/s. Sai Maatarini Tollways, on behalf of whom the Respondent No. 9, M/s. Gayatri Projects Limited, has executed the work.

32. A perusal of Annexure-A/9 (at page no. 699 of the paper book), would show that the appointed date of the Project was 02.05.2013 for a concession period of 24 years including 910 days of construction period from the appointed date and the stipulated date of completion was 29.10.2015 and the extended period of completion was 18.08.2017. Thus, Annexure-A/9 dated 08.08.2017 which is a Provisional Completion Certificate would show that the total period worked by M/s. Gayatri Projects Limited, prima-facie, was from 02.05.2013 to 18.08.2017.

33. The contention of the Respondent No. 9 is that the computation of Environmental Compensation has been made computing the period of violation as 20 (twenty) years, whereby a sum of Rs. 7,30,00,000/- (Rupees Seven Crores Thirty Lakhs only) has been determined as Environmental Compensation taking the number of days of violation to be 20 years i.e., 7300 days (20x365=7300 days) which is not possible given the facts.

34. The further contention of the Respondent No. 9 is that the total period worked by the said Respondent is only 910 days and, therefore, it cannot be saddled with Environmental Compensation amounting to Rs. 7,30,00,000/- (Rupees Seven Crores Thirty Lakhs only) and the computation of Environmental Compensation is wholly erroneous.

35. The contention of Respondent No. 9 further is that on the own showing of the State Respondents illegal mining was being carried on by at least 57 miners, considering the royalties which have been determined/imposed against them and additional 21 miners who were involved in 21 laterite stone mining and it is nowhere the case of the State Respondents that the said illegal mining was carried out by M/s. Gayatri Projects Limited, Respondent No. 9 only.

36. The Inspection Report filed by the Central Pollution Control Board clearly shows that the Environmental Compensation of Rs. 7,30,00,000/- (Rupees Seven Crores Thirty Lakhs only) has been computed for environmental violations over a period of 20 (twenty) years. The documents filed as Annexure-A/9 (at page no. 398 of the paper book), which is a Provisional Completion Certificate of the project shows the appointed date to be 02.05.2013 and the Respondent No. 9 has worked only for 910 days upto the extended date of 18.08.2017. Whether the Respondent No. 9, M/s. Gayatri Projects Limited, has operated the laterite quarry for a period of 20 years or not, requires to be determined by the Odisha State Pollution Control Board as well as by the State Government on the basis of the documents on record and such documents which may be furnished by M/s. Gayatri Projects Limited, Respondent No. 9 or by NHAI.

37. We, therefore, dispose of this Original Application with a direction to the State Respondents to re-examine the liability of the Respondent No. 9, M/s. Gayatri Projects Limited, towards payment of Environmental Compensation, if any, and if, during such examination, in which an opportunity of hearing shall also be given to Respondent No. 9, it arises that the Respondent No. 9 is actually found guilty of environmental violations, action for recovery of such Environmental Compensation shall be resorted to against the said Respondent. This exercise shall be completed within a period of three months.

38. The State Respondents, particularly the Respondent No. 3, District Collector, Keonjhar, shall also take steps for recovery of Environmental Compensation/royalty/penalty amount which may be determined against the other illegal miners and also carry the criminal prosecution against them to its logical conclusion within a period of three months.

39. The Odisha State Pollution Control Board, Respondent No. 6 as well as the District Collector, Keonjhar, Respondent No. 3, shall file affidavit of compliance by 12.12.2022.

40. The I.A. No. 37/2021/EZ is also disposed of.

41. There shall be no order as to costs.