Cuttack: The Orissa High Court has termed the affidavit filed by former Cuttack Collector Bhabani Shankar Chayani on behalf of the State in the matter of alleged illegal sand mining on the river bed of Kathajodi as ‘false and frivolous’.
A division bench of the High Court comprising of Acting Chief Justice Dr BR Sarangi and Justice Murahari Sri Raman in its order on November 29th observed that since such a false affidavit has been filed by such a responsible officer without visualizing the ground reality, this court takes a very serious view of the matter.
The division bench further observed that the affidavit which has been filed by the then Collector on 19th July 2023 itself is based on false information and flimsy statements supplied to him and, therefore it is construed that the said affidavit is a false one and criminal proceedings should be initiated against such persons, which would be a lesson for others.
Considering the statement of Debakanta Mohanty, Additional Government Advocate (AGA) that he does not want to press the said affidavit of 19th July 2023 and seeks one opportunity to file a fresh affidavit, the bench in its order ruled, “This Court is of the considered view that if one opportunity is granted the Opposite Parties they will rectify their mistake within fifteen days, then this Court will not pursue the proceedings against the authorities concerned”.
The division bench while fixing the next date for hearing on the matter after 15 days directed the State to file the counter affidavit in the meantime.
The division bench issued the order while hearing a Public Interest Litigation (PIL) praying for direction to the State government to take prompt action to stop illegal mining by way of mechanized manner, to adopt a guided and controlled method for transportation of sands, to cause an independent inquiry about the illegal practice and declare the present auction procedure for grant of mining lease as illegal, arbitrary, tainted with mala fide and against larger public interest.
Read Orissa High Court Order Here:
Orissa HC On Former Cuttack Collector
