Bhubaneswar: The National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, has directed the Odisha Chief Secretary to personally review the implementation of measures to curb illegal sand mining across the state at least once every quarter, while ordering a series of stringent steps to strengthen monitoring and enforcement against mineral mafias.
Disposing of original application no. 140/2024/EZ November 3, the Tribunal directed the state government to put in place an effective monitoring mechanism, ensure criminal prosecution of those involved in illegal mineral extraction and recover environmental compensation for the damage caused to river ecosystems.
The Bench, comprising Justice Arun Kumar Tyagi and Expert Members A Senthil Vel and Ishwar Singh, also directed the Chief Secretary to ensure that minutes of quarterly review meetings and transparency reports are uploaded on the state government’s official website.
The directions came while adjudicating a petition filed by Shivaji Patel, who had alleged large-scale illegal sand extraction, storage and trading by a private individual, Prem Kishore Patel, from the Mahanadi riverbed at Chikhili under Ambabhona tehsil in Baragada district.
Taking note of the findings of a joint fact-finding committee comprising the Baragada Collector, a senior scientist from the Odisha State Pollution Control Board (OSPCB) and the district Mining Officer, the tribunal observed that Chikhili was not a notified sand source and no mining permission had ever been granted for the location. The committee had also verified the presence of substantial quantities of illegally stored sand.
An enforcement raid June 22, 2024, had reportedly detected around 8,688 cubic metres of sand. The NGT expressed concern over the failure of enforcement authorities to take adequate criminal action despite the detection of illegal sand stocks. It observed that the absence of active mining during monsoon inspections could not be treated as a justification for overlooking previously extracted and stored sand or the illegal trade.
In a significant direction, the tribunal ordered the Baragada Superintendent of Police and the Regional Officer of OSP CB to register separate FIRs against the respondent for documented instances of illegal sand extraction and storage.
The pollution control board has also been directed to initiate proceedings to assess and recover environmental compensation from the alleged offender for the ecological damage caused by the illegal activities. The tribunal clarified that payment of penalties or compounding fees under Section 23A of the Mines and Minerals (Development and Regulation) Act, 1957, does not exempt offenders from criminal prosecution for theft of minerals. Administrative action and criminal proceedings must be pursued independently.
To strengthen surveillance and prevent illegal transportation of minor minerals, the tribunal directed the Director of Mines and Geology to ensure that all vehicles engaged in transporting such minerals are equipped with functional GPS-based vehicle tracking systems and Radio Frequency Identification (RFID) tags. Vehicles operating without the prescribed tracking devices must not be permitted to trans port minerals.
Those found involved in illegal activities are liable to be seized. The Chief Secretary, OSPCB and Directorate of Mines and Geology have been directed to submit their respective compliance and action-taken reports to the Registrar of the NGT’s Kolkata Bench within 90 days for further judicial review.