CUTTACK: Expressing serious concern over the excess mining of sand by using excavators in the Kathajodi riverbed, the Orissa High Court has hauled up authorities for allowing the proliferation of such illegal activities. The court has warned of initiating criminal proceedings against officials if they do not take corrective measures within 15 days.
The court was hearing on Wednesday a PIL filed by a city-based social activist Prasanta Kumar Das drawing attention to illegal sand mining by use of heavy equipment and seeking a halt to such activity. The division bench of Acting Chief Justice BR Sarangi and Justice MS Raman said, “On the one hand the authorities are allowing the lessees to go for mechanised mining of sand quarry, on the other hand, they are permitting to do so by protecting them (after) simply imposing certain penalties.”
“It has also been seen that the vehicles indulged in illegal mining of sand have been imposed with penalties and money has been realised, but such penal action is insufficient/inadequate as the law (is) being violated,” the bench further observed.
Reacting to the state government’s counter affidavit, the bench in its November 29 order said, “The affidavit which has been filed by the then Collector on July 19, 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.”
“More particularly, when this case is still pending for adjudication and notice has also been issued to them, they are not making a sincere effort to file a proper affidavit, by way of the counter, which shows that the authorities are encouraging the lessees to go for illegal mining and, therefore, they are all parties to the illegal extraction of sand, for which they should also be penalized by initiating appropriate proceedings against,” the bench observed.
When the state counsel sought the opportunity to file a fresh affidavit, the bench expected the officials concerned to rectify their mistake within 15 days. If they did, the court will not pursue proceedings against them. “Call this matter after fifteen days. The counter affidavit shall be filed by the State in the meantime,” the bench ordered.
The petitioner's counsel SK Dalai contended that on account of illegal sand mining on the riverbed of Kathajodi, not only water pollution and air pollution are caused but also such activities of mining and transportation of sand cause health hazards to the people.