Dankari Mining Loot - Another Mega Mining Scam in Odisha
Dankari Mining Loot- Another Mega Mining Scam worth Rs. 15,000 crores perpetuated by BJD leaders and Govt. officials under Nabin Patnaik Govt. in Odisha
1. Dankari Hill forest area , storehouse of blackstone mines comes under jurisdiction of Dharmashala Tahsil of Jajpur district, Odisha. This area, habitation of 700 population of Dankari village under Mahisara Gram Panchayat is 15 kms away from Dharmashala Tahsil. Sribash Jena , a former Zilla Parishad of Biju Janata Dal, ruling party , highly politically influential person closely connected to local MLA and state power corridor undertook illegal mining operation I,e, extraction of black stone mines in Dankari Hill with complete support from district administration since 2002 to 2017. He carried out wagon drill for black stone mining quarry which caused huge water and environment pollution in the locality.
2. When his illegal mining extraction was at peak stage, Sarbeswar Behura, RTI Activist from 2012 started filling series of RTI Applications to different offices including office of Tahasil, Dharmashala, Collector, Jajpur and Deputy Director, Mines, Jajpur Road seeking information about details of lease granted , area covered, copy of environment clearance , details of royalty paid etc. The information provided by different offices exposed about mining operation without valid lease and environment clearance. Then , Sarbeswar filed series of complaints to different authorities with prayer to stop illegal mining operation in Dankari Hill. But due to political pressure, no authority did take any action against the illegal miner.
3. Then, in 2014, he filed a PIL case in Odisha High Court seeking direction of the court to stop illegal mining operation in Dankari Hill. But he could not get appropriate order from the court. In the meantime , in 2015, 30 to 40 villagers died of kidney damage, liver problem and other diseases due to huge water and environment pollution. A large number of villagers are also found suffering from various diseases due to pollution generated from illegal mining operation.
4. Then, Sarbeswar filed complaint case No. 4323/15 in Odisha Human Rights Commission on 30.11.15 seeking direction for inquiry into illegal mining operation and to check health hazard in the area. OHRC issued direction to Satya Mallik, the then Collector, Jajpur to conduct inquiry and take action accordingly.
5. The Collector in his letter No. 3408 dated 27.11.15 ordered for closure of operation of illegal mining in Dankari Hill. On 13.12.15, he also wrote letter to Deputy Director, Mines, Jajpur Road to quantify total amount of Black stone mines extracted from the Hill . In response to letter of the Collector, the Deputy Director, mines, Jajpur Road submitted a report dt. 18.3.16 to the Collector in which he has mentioned that total quantity of 73, 38, 012.5 cum has been illegally extracted by the Mining operator.
6. On 10.5.16, the Collector, Jajpur wrote a letter to Secretary , Revenue and Disaster Management informing about illegal mining operation in Dankari Hill , loss of royalty due to illegal mining operation and suggested for a state squard to make an assessment of damage done /loss of revenue sustained to state government.
7. On 18.5.16, the Collector wrote a letter to Tahasildar attaching report of Deputy Director, Mines, Jajpur Road to quantify revenue loss of amount of black stone mines extracted by deducting the royalty paid by the mining operator. The Tahasildar calculated details of royalty amount deposited by Sribasa Jena against mining extracted to the tune of 14,15,596 cum and compare it with figure of total amount of mining extracted as per report of Deputy Director, Mines. The Tahasildar wrote a letter to Sribasa Jena, Mining operator about extraction of excess amount of mining 69,22, 016 cum against which royalty amount Rs. 58, 62, 79, 633.00 to be deposited with copy marked to Collector.
8. On 8.6.16, Sribasa Jena challenged the order of Tahasildar in Odisha High Court and got stay order. On 28.9.16, the High Court ordered for fresh inquiry and provide reasonable opportunity to Sribasa Jena of being heard prior to taking any decision about fixation of royalty.
9. On 21.6.16, Mr. Deepak Mohanty, Director, Mines wrote a letter to the Collector, Jajpur to constitute a committee comprising the revenue, Mining and police officials for getting reassessment done with the assistance of State level Enforcement squad of this directorate.
10. On 4.7.16., Sri Abhaya Nayak, Joint Secretary, R&DM wrote a letter to the Collector, Jajpur that
i. Collector shall calculate the royalty amount for the excess quantity of black stone extracted by the lessee and issue demand notice to Sri Sribasa Jena , the lessee and recover the same immediately.
ii. Penalty may also be levied for the illegal extraction of the minerals from the sources.
iii. Total extent of revenue loss and excess lifting should be assessed by the joint team comprising officers of Mines and Revenue administration, constituted Collector, Jajpur.
iv. Collector should file FIR for the theft of black stone to the extent excess than the allotted quantity.
v. Collector may initiate disciplinary proceedings against the concerned R.I.s and recommend with memo of evidence for drawal of proceedings against Tahasildars and other higher authorities.
vi. On the basis of the facts reported and theft done in violation of the lease conditions, the lease agreement , if in force any, should be terminated by the Collector following due procedure of law.
vii. Immediate steps should be taken for fresh auction of the source, as per revised OMMC Rules.
11. Following order of Department of Revenue and Disaster Management dated 4.7.16, the Additional district Magistrate ( ADM), Jajpur dt. 23.8.16 submitted to the Collector, Jajpur framing the memorandum of evidence for drawal of proceedings under Rule-15 of the Orissa Civil Services ( Classification, Control and Appeal ) Rules, 1962 against the 10 erring Revenue Inspectors of Dankari R.I. Circle under Dharmashala Tahsil in connection with the illegal extraction of Black stone from Dankari Black stone quarry and loss of revenue incurred during their incumbency as Revenue Inspectors. The Revenue Inspectors were directed to submit their written statement of defence within 30 days from the date of receipt of memorandum and also to state if they desire to be heard in person.
12. On 6.8.16., the ADM submitted to Revenue and Disaster Management the draft proceedings against the 10 erring Tahasildars of Dharmashala in connection with the illegal extraction of Black stone from Dankari Black stone quarry and loss of revenue incurred during their incumbency as Tahasildars. The Tahasildars were directed to submit their written statement of defence within 30 days from the date of receipt of memorandum and also to state if they desire to be heard in person.
13. Similarly, on 11.8.16, the ADM submitted to Revenue and Disaster Management the draft proceedings against the 6 erring Sub-Collectors in connection with the illegal extraction of Black stone from Dankari Black stone quarry and loss of revenue incurred during their incumbency as Sub-Collectors. The Sub-Collectors were directed to submit their written statement of defence within 30 days from the date of receipt of memorandum and also to state if they desire to be heard in person.
Though notice for disciplinary proceedings was issued to 10 Revenue Inspectors, 10 Tahasildars and 6 Sub-Collectors, it was kept pending for years together. No action was taken against erring officials till yet. These officials were protected by the State Government, political leaders , local MLA and others.
14. Then Sarbeswar Behuria filed complaint in National Green Tribunal in July 2018 seeking inquiry into illegal mining extraction and prayed for action against the officials. After registering the Complaint No. 604/2018, NGT has ordered dated 31.8.18. to the Secretary, Department of Forest to constitute a team with representatives from SPCB, Sate Level environment Impact Assessment Authority 9SEIAA), Odisha and Collector, jajpur and a representative from forest department and to furnish an action taken report. The Forest Dept. submitted the report to NGT on 7.12.18. Following which the NGT passed the order on 4.1.19 . The gist of the order is as follows.
A. Chief Secretary, Govt. of Odisha was directed to initiate appropriate departmental action for the misconduct of the officers involved in permitting illegal black stone quarrying as found by the inspection committee constituted by NGT. Apart from such disciplinary action, the state has to recover the cost of illegally mined material, cost of damage to environment , Net present Value of ecological services foregone as well as cost of restoration of the environment.
B.The State Govt. and statutory authorities must anticipate, prevent and attack the causes of environment degradation and are accountable for inaction as well as collusion.
C.To uphold rule of law and accountability of those who are trustees of environment , the state machinery is required to compensate for their negligence and failure which may act as deterrent against the officers who neglected their basic duty of protecting the environment or colluded with the polluters and law violators. This is required as a part of principle of “ polluter pays” which applies not only to actual polluters or enable pollution to be caused and also for the negligence of public duties , adversely affecting the citizens.
D. The State Govt. can not avoid the responsibility for the damage caused to the environment. Accordingly , NGT held the state Govt. to be liable to deposit an interim compensation of Rs. 25 crores which may be deposited with the Central Pollution Control Board within one month, pending the final assessment on receipt of the report of the committee being constituted. The State Govt. has the liberty to recover the amount from the erring officers and the illegal miners/ stone crushers . The amount recovered will be utilized for restoration of environment and for the welfare of mine workers and local population affected by diseases due to illegal mining.
E. NGT also constituted a joint committee of representatives of CPCB, Indian school of mines, Dhanabad, and Chairman, State Environment Impact Assessment Authority ( SEIAA) to make an assessment of the amount of illegally mined materials , cost of damage to environment , net present value of ecological services foregone as well as cost of restoration of the environment and exemplary damages .
15. In a dramatic move, Sri Sriash Jena challenged the order of NGT in Supreme Court and the Supreme Court has granted stay order on 26.10.2018. The State Govt. maintains ominous silence in this matter without challenging stay order in the Supreme Court.
Presented in the Press Meet on Land Scam in Odisha held in Bhuaneswar on 4.11.20 by Pradip Pradhan, Srikant Pakal, Debesh Dash, Sudhir Mohanty, Sanjukta Panigrahi, Sarbeswar Behura, on behalf of Odisha Soochana Adhikar Abhijan ) Contact No. -9937843482
No comments:
Post a Comment