NGT East Zone Bench Takes Action Against Illegal Soil Excavation in Odisha
The East Zone Bench of the National Green Tribunal (NGT) has initiated legal proceedings by issuing formal notices to concerned authorities following a petition that highlights serious environmental violations in Odisha's Balangir district. The case centers on allegations of illegal soil excavation and subsequent failure to restore the affected land, raising significant questions about compliance with environmental regulations.
Petitioner Alleges Unauthorized Excavation for Real Estate Development
The petition, filed by local resident Mrutyunjay Pradhan, presents detailed accusations against a private party operating in Gangasagar Mouza under Patnagarh Tehsil. According to the complaint, the party engaged in extensive soil excavation activities without obtaining the mandatory environmental clearance or securing permission from the competent authority. The petitioner contends that this excavation was specifically aimed at altering land use patterns to facilitate real estate development, thereby bypassing established legal frameworks designed to protect environmental integrity.
The environmental impact has been substantial, with indiscriminate earth lifting reportedly causing adverse effects on adjoining agricultural lands. Neighboring plot owners have faced considerable hardship as a result of these unauthorized activities, which have disrupted local ecosystems and agricultural productivity.
Official Inspection Reveals Extensive Violations and Penalty Assessment
An inspection conducted by the District Mining Officer of Balangir on June 19, 2025, uncovered concrete evidence of violations. The investigation revealed that approximately 14,580 cubic metres of soil had been excavated in an unauthorized manner, far exceeding permissible limits. Based on these findings, the officer assessed a substantial penalty of Rs 29,67,030 against the responsible parties for the environmental damage caused.
Further complicating the matter, the Tehsildar of Patnagarh issued a demand notice regarding the illegally excavated soil. However, during the service of this notice, authorities discovered that the land in question was recorded in the name of the private party's wife, who has since passed away. This development prompted authorities to issue subsequent notices to the legal heirs for recovery of the demand amount, adding a layer of complexity to the enforcement process.
Judicial Proceedings and NGT Bench Observations
The matter was formally heard on February 12, with the order being uploaded on February 21. Advocates Sankar Prasad Pani and Ashutosh Padhy represented the petitioner during these proceedings. The Bench, comprising Judicial Member Arun Kumar Tyagi and Expert Member Ishwar Singh, carefully reviewed the submissions and made significant observations regarding the case's environmental implications.
The Bench stated: "Prima-facie, the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments of the National Green Tribunal Act, 2010. In view of the above, notice is ordered to be issued to the respondents. Responses by respondents may be filed within one month. List on 02.04.2026 for further consideration."
Comprehensive Notices Issued to Multiple Authorities
In response to the petition, the NGT Bench has issued formal notices to a comprehensive list of respondents, ensuring that all relevant authorities are brought into the legal process. The notices have been directed to:
- The Chief Secretary, Government of Odisha
- The District Collector, Balangir
- The Member Secretary of the Odisha State Pollution Control Board
- The Member Secretary of the State Environment Impact Assessment Authority
- The Tehsildar, Patnagarh
- The Mining Officer (Minor Mineral), Balangir circle
- The private party concerned
This broad scope of respondents reflects the seriousness with which the NGT is treating this case, recognizing that multiple agencies share responsibility for environmental oversight and enforcement. The case has been scheduled for further consideration on April 2, 2026, giving respondents one month to file their responses and present their positions regarding the alleged violations.
The proceedings underscore the NGT's commitment to addressing environmental violations through systematic legal channels, particularly in cases where unauthorized activities threaten ecological balance and agricultural sustainability. The outcome of this case could set important precedents for how similar violations are handled in the future, emphasizing the importance of obtaining proper environmental clearances before undertaking any land alteration activities.
