Judgment of the National Green Tribunal regarding illegal sand mining in the sand embankment of river Baitarani, Odisha, 05/08/2022

  • 05/08/2022

Judgment of the National Green Tribunal (Eastern Zone Bench, Kolkata) in the matter of Akshay Kumar Tripathy Vs State of Odisha & Others dated 05/08/2022.

The matter related to illegal mining of sand in the sand embankment of river Baitarani near Ballipokhari Escape. Ballipokhari Escape is used for escape of excess flood water from river Baitarani. Huge quantity of sand has been deposited in the nearby areas of Ballipokhari Escape since long which diverts the flow of flood water and protects the Ballipokhari Escape and the embankments from flood hazards, the applicants said. It is alleged that lifting of sand from the Ballipokhari and nearby areas is creating panic among the local people and is also causing danger to the stability of the Ballipokhari Escape embankment and threatens the life and property of the adjacent villagers of the Bhandaripokhari block in Bhadrak district, Odisha.

The NGT directed the Chief Secretary, Odisha to initiate cases against illegal sand miners and also pass appropriate orders under the Prevention of Money Laundering Act, 2002 against the offenders/illegal miners.

The Odisha State Pollution Control Board has been asked to determine the Environmental Compensation and the District Authorities to determine the penalty/royalty and proceed to take action against the illegal miners for recovery of the same in accordance with law.