The company contended before the HC that it was neither arraigned in the NGT proceedings nor given notice of the site inspection or an opportunity to contest the inquiry committee’s report. Justice Panigrahi agreed, holding that the procedure violated the rule of ‘audi alteram partem’ (hearing the other side) and that it was “impermissible for the NGT to abdicate its judicial role by simply rubber-stamping the committee’s report”.The dispute arose after certain individuals identifying themselves as social workers and local villagers approached NGT’s eastern zone bench at Kolkata, alleging illegal extraction of minor minerals such as earth and morrum from govt land in Tangi-Choudwar tehsil in Cuttack district for a railway project. The company had been awarded the work through a letter of acceptance dated June 1, 2022, followed by a formal contract on Oct 25 that year.Acting on the complaint, NGT on Nov 23, 2023, constituted a joint committee comprising officials of the Odisha State Pollution Control Board (OSPCB), district administration, mining and forest departments to inspect the site and recommend penalty, environmental compensation and remedial measures.The committee inspected the area on Dec 18, 2023 and noted excavation and water-filled pits, recording that the depth and quantity could not be fully assessed at the time. A subsequent report, prepared by the district mining officer, was relied upon to recommend compensation of over Rs 1.20 crore.According to the case records, although the NGT directed recovery of environmental compensation after giving the petitioner full opportunity of hearing, OSPCB had not yet initiated any recovery steps when the petitioner approached the HC.
