National Green Tribunal Takes Up Appeal Against Sand Mining Project in Odisha
The National Green Tribunal (NGT) has formally admitted an appeal that contests the environmental clearance (EC) granted for a significant sand mining operation in Odisha's Mayurbhanj district. This legal challenge, initiated by a local resident, raises serious questions about procedural compliance and environmental safeguards in the approval process.
Details of the Challenged Clearance
The environmental clearance in question was issued by the State Environment Impact Assessment Authority (SEIAA) of Odisha. It authorizes sand mining across a 12.35-acre stretch of the Budhabalanga River bed, located near Belpal within the Badasahi tahasil. The clearance was granted in favor of a private lessee, sparking the current legal dispute.
The Appellant and Legal Grounds
The appeal was filed by Bibekananda Pattnaik, a 60-year-old resident of Baripada, under the provisions of the National Green Tribunal Act, 2010. Pattnaik is seeking the quashing of the EC, which was officially granted by SEIAA on February 23, 2026. The East Zone bench of the NGT took cognizance of the issues raised and passed an order on April 1, with the web copy being uploaded this Monday.
In his detailed appeal, Pattnaik has alleged multiple and significant procedural lapses. A central claim is that the clearance was issued and subsequently transferred to the private lessee without conducting a mandatory site inspection. Furthermore, he contends that his formal objections were completely disregarded during the critical appraisal process, violating principles of public participation.
NGT Bench Observations and Order
During the hearing, the appellant's counsels, Sankar Prasad Pani and Ashutosh Padhy, presented their arguments via video conference. After carefully considering these submissions and examining the available records, the Bench—comprising Judicial Member Arun Kumar Tyagi and Expert Member Ishwar Singh—observed that the appeal raises substantial and arguable issues worthy of detailed consideration.
The Bench stated, "In view of the grounds mentioned in the appeal, the factum of appeal as per the provisions of Section 16 of the National Green Tribunal Act, 2010 being a matter of right and in the absence of any valid ground or reason for dismissal of the appeal at this stage, the appeal is admitted for hearing."
Notices Issued and Next Steps
Consequently, the Tribunal has issued formal notices to multiple authorities, directing them to file their replies within one month. The list of respondents includes:
- The Chief Secretary of Odisha
- The Collector and District Magistrate of Mayurbhanj
- The Badasahi Tehsildar
- The Deputy Director of Mines (Baripada circle)
- The State Environment Impact Assessment Authority (SEIAA), Odisha
- The Odisha State Pollution Control Board
A notice has also been served to the private lessee involved in the project. The matter has been scheduled for its next hearing on May 13, 2026.
Core Allegations of Procedural and Environmental Flaws
The appeal delves deeper into the alleged irregularities. It points out that the original environmental clearance was first granted on January 31, 2022, in favor of the Badasahi Tehsildar. Critically, this initial grant occurred at a time when no valid District Survey Report (DSR) was in existence. The EC was then transferred to the current private lessee in February of this year, again in the absence of this mandatory document.
The plea strongly questions the very validity of the clearance on this fundamental ground. Beyond the DSR issue, it highlights the absence of a cumulative environmental impact assessment for the mining area. The appeal also alleges a failure to properly evaluate the carrying capacity of the site—a crucial factor in determining sustainable extraction limits.
Adding to these concerns, the appellant argues that the project proposal lacks both a fresh, updated mining plan and a necessary replenishment study. These elements are considered essential for ensuring that sand mining operations do not cause irreversible ecological damage and are conducted sustainably.
This case underscores ongoing tensions between development projects and environmental governance in ecologically sensitive regions, with the NGT now set to scrutinize the approval process in detail.
