The National Green Tribunal (NGT) has directed the Odisha State Pollution Control Board (OSPCB) to initiate proceedings against lessees for recovery of penalty and environmental compensation for illegal extraction of sand from Bughabalanga river under Badasahi tehsil in Mayurbhanj district.
The NGT’s East Zone bench on Wednesday said given that illegal mining to the extent of over 1.49 lakh cubic metres of excess sand has been established at Mahupura, Dingiria and Arapata, Rs 36 crore has been imposed as total compensation to be levied for damage of the environment due to excess mining and illegal operation of the quarry without valid consent to operate.
The bench of Justice B Amit Sthalekar (judicial member) and Justice Saibal Dasgupta (expert member) also directed the concerned authorities to lodge FIRs against the lessees – Pradeep Kumar Bindhani and Krupasindhu Singh and Mamtaj Maharana (tehsildar, Badsahi) – for actively conniving in causing theft of state revenue.
The tribunal issued the directions while disposing of a petition filed by Radha Mohan Singh seeking intervention against alleged violation of mining plan and loss of royalty due to indiscriminate extraction of sand far in excess of permissible limit by using excavators. Advocate Sankar Prasad Pani argued on behalf of the petitioner.
The bench said, “In view of the documentary evidence and the inspection report, it is established that the lessees and the tehsildar, Badasahi, were prima facie acting in connivance in theft and pilferage of sand in question, thus, causing theft of several crores of state revenue.” Though it is stated that an FIR has been lodged against Bindhani and Singh, there is nothing on record to show that FIR has been lodged against Maharana, tehsildar, Badasahi.
“We fail to understand why the state authorities are shielding Maharana and all that has been said is that investigation is pending against her,” the bench observed, directing the collector and district magistrate of Mayurbhanj to file compliance affidavit by December 7.
