CUTTACK: The National Green Tribunal (NGT) has directed the Odisha government to make registration of FIRs mandatory in all cases of illegal sand mining and transportation across the state. It has also made clear that police cannot refuse to register cases or exercise discretion in the matter.
In a slew of directions, the NGT’s East Zone Bench, comprising judicial member Justice Arun Kumar Tyagi and expert members A Senthil Vel and Ishwar Singh, also directed the state to introduce GPS tracking of all vehicles used for mining and transportation of river sand. The tribunal has warned that police and other government officials could face disciplinary action for failing to enforce the rules.
The November 3 order was passed on a petition alleging illegal sand mining by a private person without permission from the Mahanadi river bed at Chikhili under Ambabhona tehsil in Bargarh district.
Shivaji Pate of Bhukta village filed the petition in 2024. Advocates Sankar Prasad Pani and Ashutosh Padhy appeared on behalf of the petitioner while additional government advocate Saswata Das represented the state authorities.
The tribunal observed that registration of FIR and investigation into illegal mining and transportation of river sand were mandatory. It said police and district administration had “no discretion in the matter” regarding registration of cases under the IPC or BNS.
The tribunal directed the chief secretary to review enforcement every quarter and ensure that review reports are uploaded on the state government website. It also asked the DGP to instruct all SPs to ensure immediate FIR registration, with disciplinary proceedings in cases of delay or omission.
The directions were issued in a final order after a joint committee constituted by the tribunal found repeated violations at the site. The Bargarh mining officer had seized around 1,000 cubic metre of sand on June 9, 2024, and realised Rs 2.70 lakh as compounding charges.
During another inspection on June 22, around 7,688 cubic metre of sand was found stacked, leading to a further Rs 11.74 lakh in compounding charges.
The NGT observed that the state’s monitoring mechanism was not completely set up and remedial measures were not being faithfully implemented. It also flagged the failure of the mining department and Odisha State Pollution Control Board (OSPCB) to act against erring officials and violators.
The OSPCB was directed to initiate proceedings for environmental compensation against violators in the case under scrutiny.
The Bargarh SP was specifically asked to ensure separate FIRs against the person for all incidents of illegal mining, transportation and storage of sand. They have been asked to submit action-taken reports within three months.
