Jitendra Nath Pattnaik vs Government Of India …. Opp. Party on 27 April, 2026

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    Orissa High Court

    Jitendra Nath Pattnaik vs Government Of India …. Opp. Party on 27 April, 2026

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    CRLMC No. 2994 of 2015
                     Jitendra Nath Pattnaik                   ....        Petitioner
    
                                           Mr. Umesh Chandra Pattnaik, Advocate
                                               -versus-
                     Government of India                      ....      Opp. Party
    
                                                   Mr. Dipti Ranjan Bhokta, CGC
                                               on behalf of Mr. Karunakar Nayak,
                                                             Senior Panel Counsel
    
                 CORAM:
                      HON'BLE MISS JUSTICE SAVITRI RATHO
    
                                            ORDER
    
    Order No.                              27.04.2026
                                   (Through hybrid Mode)
    
      23.       1.      The CRLMC has been filed challenging the order dated
    

    25.02.2013 passed by the learned S.D.J.M., Boani in 2(c) C.C.
    No. 25 of 2013 taking cognizance of offence punishable under
    Section 15 of the Environment (Protection) Act, 1986.

    2. Mr. Umesh Chandra Pattnaik, learned counsel for the
    Petitioner submits that during pendency of this CRLMC,
    pursuant to judgment dated 02.08.2017 passed by the Supreme
    Court in Writ Petition (Civil) No. 114 of 2014 (Common cause
    and others vs. Union of India) and order dated 24.07.2018
    passed in I.A. No. 86784 of 2018, the Petitioner was allowed to
    resume mining operation within the non-forest land and approved
    forest area in respect of Bhanjapali Iron Mines over 18.00
    hectares under Koira Circle in Sundargarh district and permitted
    to comply the condition mentioned in Sl. No.(a) as laid down

    SPONSORED

    Page 1 of 2
    vide Proceeding No. 1811 / SM, dated 13.03.2018 of Steel and
    Mines Department, Government of Odisha. Pursuant to Order
    No. 3516 / Miens, dated 26.07.2018 of the Deputy Director of
    Mines, Koira. The Petitioner has deposited an amount of
    Rs.123,87,49,199/- towards compensation under Section 21(5) of
    the MMDR Act along with applicable interest of
    Rs.3,14,63,641/- and he has filed an affidavit dated 30.08.2022
    which is at Flag-B enclosing certain documents. Copy of the
    same has been served on learned counsel appearing of the
    Opposite Party. He submits that in view of this development, this
    is an additional ground for quashing the proceedings against the
    Petitioner.

    3. Mr. Dipti Ranjan Bhokta, learned Central Government
    Counsel submits that the case has been assigned to Mr.
    Karunakar Nayak, learned Senior Panel Counsel for the Opposite
    Party, who has some personal difficulty today, for which he has
    not come to Court, so a short adjournment may be granted.

    4. Considering the said submission, list this case on
    11.05.2026.

    5. Counter affidavit / objection, if any, in response to the
    additional affidavit of the Petitioner shall be filed in the
    meanwhile after serving copy on learned counsel for the
    Petitioner.

    6. Interim order passed earlier shall continue till 18.05.2026.

    (Savitri Ratho)
    Judge
    Sukanta
    Signature Not Verified
    Digitally Signed
    Signed by: SUKANTA KUMAR BEHERA
    Designation: Senior Stenographer
    Reason: Authentication Page 2 of 2
    Location: Orissa High Court, Cuttack
    Date: 27-Apr-2026 21:25:29



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