The Orissa High Court has imposed an interim stay on the National Green Tribunal (NGT), Eastern Zone Branch direction on Puri Shree Jagannath Temple Administration (SJTA) to pay Rs 12 crore for illegal laterite stone mining in the Khordha district.
“As an interim measure, it is directed that the order dated 14 October 2022 passed by the National Green Tribunal, Eastern Zone, Kolkata shall remain stayed till 4 October 2023,” a Division Bench of Justice Dr. B R Sarangi and Justice M S Raman stated in an order yesterday.
The NGT’s direction on SJTA, which manages the affairs of the 12th century holy shrine, was in response to a petition which alleged that laterite stone mining was carried out at 40 different sites over 500 acres of land in villages such as Tapanga, Anda and Jhinki Jhari under Nijigarh Tapang Panchayat in Khordha district.
The petition had alleged that these areas were basically cashew jungle, gramya jungle (village forest) and gochar land (common land). No environmental clearance or consent to operate was obtained from the respective authorities while mining activities were taken up after clearing trees, it added.
The SJTA had filed the writ petition seeking to quash the order by which the NGT directed the petitioner to deposit the amount of Rs.12crore with District Collector, Khurda, who shall constitute a Committee for the purposes of carrying out the work of restitution, reclamation and renovation of the excavated areas as per plan already prepared and complete the entire work within four months and action taken report on affidavit shall be filed by the District Collector, Khurda by 31.03.2023.
The counsel appearing for the petitioner contended that as per provisions contained in Section 14 of the National Green Tribunal Act, 2010, 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-1. But, Schedule-1 does not cover Odisha Minor Minerals (Regulation & Development) Act, 1957.
Thereby, any action taken by opposite party-authority, for not carrying out mining activities on the basis of the OMMC Rules, having not covered under the National Green Tribunal Act, 2010, the order so passed by the National Green Tribunal, Eastern Zone Bench, Kolkata is in violation of Section 14 of the Act itself, the SJTA’ counsel argued.