Orissa High Court: In a Public Interest Litigation against illegal mining on the riverbed of Kathajodi, the Division Bench of Dr. B.R. Sarangi, Acting CJ and Murahari Sri Raman, J. noted that the affidavit filed by the Collector, Cuttack was based on false information and flimsy statements supplied to him and, therefore, the said affidavit is a false one and criminal proceedings should be initiated against such persons.
The PIL was filed against the illegal sand mining on the riverbed of Kathajodi, which is causing water pollution and air pollution, and the transportation of sand is causing health hazards. The petitioner’s case was that accidents also take place due to heavy movement of trucks between 7:00 Am to 10:00 Pm. Even after State authorities’ restriction on transportation of sand between 7:00 Am to 10:00 Pm, every-day, many heavy vehicles move on road causing inconvenience to the public at large. The petitioner had also stated that the illegal mining was conducted in a mechanized way, which is not permissible as per the guideline issued by the Government.
The Court perused the affidavit filed by the Collector, Cuttack, wherein references have been made to certain documents and the Enquiry Report which showcased the current position of the allegations of illegal mining. The Court noted that though notice was issued to the respondent State authorities on 16-03-2023, still no counter has been filed by the State and further, time was sought to file counter affidavit. However, the Court said that it was not inclined to take into consideration the said prayer, as the ground reality is so alarming that Cuttack city is filled up with pollution. Further, the Court said that the replies filed by the interested persons during the status enquiry were replicated and the enquiry report was prepared on the basis of such explanation. Hence, the Court said that the affidavit containing such a false and incorrect factual position was not acceptable.
The Court said that the affidavit sworn to by the then Collector and the documents forming part of enquiry report clearly showed that a false and frivolous affidavit was filed by an officer of the State Government, viz., the Collector, Cuttack. The Court viewed that filing an affidavit by an Officer without ascertaining or visualising the ground reality, is a serious matter.
Further, the Court said that day in and day out, the quarrying operation is being done by mechanized way, violating the Clause-C (iv) of the guidelines issued by the Department of Revenue and Disaster Management, Government of Odisha dated 26-04-2019, which provides that ‘no quarrying operation of sand shall be allowed through mechanized means and suction method.’
The Court also added that even after knowing the situation, the authorities did not take care of and attempted to control the situation, rather it appears that they have hand in glove with the lessees for the reasons best known to them. The Court said that the lack of sincere effort to file a proper affidavit, by way of counter, 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 them.
The Court also expressed its concern about the public health and safety of the people and environment, which is part of Article 21 of the Constitution of India. The Court also said that the State authorities, who have been vested with powers by the Constitution to provide good health and to take proper care, fail to perform their duties and the same is violated at their behest, the persons who are in the helm of affairs should be suitably dealt with in accordance with law.
The Court concluded that the affidavit filed by the then Collector was based on false information and flimsy statements supplied to him and, therefore, the said affidavit is a false one and criminal proceedings should be initiated against such persons, which would be a lesson for others. The Court pointed that on the one hand the authorities are allowing the lessees to go for mechanized mining of sand quarry, on the other hand they are permitting to do so by protecting them by simply imposing certain penalties, and that itself shows the callous action of the authorities. The Court on perusal of the documents filed by the State, along with the enquiry report, noted that the authorities have themselves admitted that there is excess mining/quarrying of sand.
As the State did not press the affidavit filed by the then Collector, the Court viewed that if one opportunity is granted to the State authorities and they will rectify their mistake within fifteen days, the Court will not pursue the proceedings against the authorities concerned.
[Prasanta Kumar Das v. State of Odisha, 2023 SCC OnLine Ori 6517, Order dated: 29-11-2023]
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