Bhubaneswar: Taking serious note of unchecked minor mineral theft, the National Green Tribunal (NGT) on Thursday issued stringent directives to the Odisha government to enforce mandatory vehicle surveillance, top-level administrative review and auctioning of seized illegally mined sand across the state.
The NGT issued the directions on November 3 while hearing a petition by applicant Shivaji Patel concerning rampant illegal sand excavation in the Mahanadi river at Chikhili of Bargarh district.
He alleged that a miner was illegally extracting and hoarding sand using suction pumps on boats without a valid lease, supplying it to construction projects and brick kilns.
Despite uncovering 8,688 cubic metres of illegal sand during raids on separate occasions, enforcement squads failed to secure criminal prosecution or seize machinery, with the local administration repeatedly settling offences through nominal penalties.
While disposing of the application, NGT’s Eastern Zone Bench in Kolkata has said that administrative penalties cannot shield violators from criminal charges over the theft of sand.
The Tribunal added that compounding violations under the Mines and Minerals (Development and Regulation) Act only settles regulatory infractions, leaving statutory criminal liability for mineral theft intact.
“The Tribunal established that local police and mining authorities are legally bound to register First Information Reports (FIRs) under the Bharatiya Nyaya Sanhita for the theft of state minerals,” Sankar Pani, applicant’s advocate.
Baragada Superintendent of Police Rabindra Nath Satapathy is directed to register separate, immediate FIRs against the violator for all documented instances of illegal sand extraction and storage.
Placing direct accountability at the apex of the state administration, the Tribunal directed the Odisha Chief Secretary Anu Garg to personally review mineral monitoring compliance at least once every quarter in a joint meeting with all concerned departments.
The bench ordered that minutes and transparency reports of these review meetings be uploaded directly to the official state portal.
To close regulatory loopholes, the NGT directed the Odisha Director General of Police Vinaytosh Mishra to ensure the immediate, mandatory registration of First Information Reports (FIRs) under relevant penal statutes for all cases of illicit sand mining and transit.
The state government authorities have also been ordered to mandate operational GPS tracking units and RFID tags on all transport vehicles, summarily seizing unauthorised fleets.
The Tribunal also ordered the auction of all seized sand stocks, with proceeds remitted to the Odisha State Pollution Control Board to fund ecological restoration.
The state government and regulatory agencies have also been asked to submit the compliance reports in this regard within three months from receipt of a copy of the order.
(IANS)
