Mining Mafia Sponsored and BJD-backed Bomb Attack on Sarbeswar Behura, RTI Activist of Jajpur district, Odisha
On 27th March , 21 Sarbeswar Behura, aged 52 well-known RTI Activist and member of Odisha Soochana Adhikar Abhijan (OSAA) while returning home in a four-wheller driven by him from Imamnagar under Dharmashala Block of Jajpur district , two motor-byke-borne men accosted him on the way at 9pm and hurled four bombs on his car. Sarbeswar along with co-passenger Sushant Behera was seriously injured and hospitalized in SCB Medical, Cuttack and then transferred to a private hospital. Presently he is under treatment and his life is out of danger. Rilu Behura, wife of Sarbeswar Behura along RTI Activists Pradip Pradhan, Srikant Pakal, Jitendra Sahu filed FIR in Dharmashala Police station on 28th March 21 at 3PM. The Police did not register the case on the plea that they had registered the case on its own after the incident. This is not attack on Sarbeswar for first time. Earlier Sarbeswar was attacked twice by the goons. Though he filed FIR, the Police did not take any action to nab the culprits.
Besides filling case in Odisha High Court seeking an inquiry into PDS Scam, Sarbeswar along with co-social activists submitted memorandum on 26.5.20 to BDO, Dharmashala seeking an inquiry into higher price demanded by Dealers per litre of kerosene and non-distribution of Dal. The dealers Being aggrieved by this case hatched conspiracy and filed a false FIR dt. 19.5.20 in Dharmashala Police station in order to harass Sarbeswar. The police registered the case against him . Similarly another false case was also registered in Kuakhia Police station against Sarbeswar Behura on 17.2.20 , as he raised voice against illegal mining operation by mining mafia. Then, Sarbeswar approached Odisha Human Rights Commission seeking an impartial inquiry into two fake FIRs lodged against him and sought protection. OHRC registered the case no. 2155/2020 and issued notice to IIC, Kuakhia to submit the report. The case is pending for disposal.
As a senior RTI Worker, Sarbeswar is well-known for his RTI Activism since 2014 in Dharmashala block of Jajpur district for his pursuit to fight out corruption in Jajpur district through use of RTI extensively to different offices. He has used RTI to unearth corruption and irregularities in various Govt. programme starting from PDS to NREGA and construction of latrines in Panchayats. He has become eyesore of political leaders of ruling party, local MLA and mining mafia due to his expose on continuing illegal mining operation, black stone quarry, illegal operation of crusher Unit in Bichhakhandi Hill, Dankari Hill and adjoining areas under Dharmashala Tahasil. His RTI Activism is not only confined to exposing corruption but filing complaints to different authorities including new-constituted Lokayukta, Odisha seeking inquiry and action against the culprits. These complaints have been filed against district Collector, SP, Jajpur, illegal mining operators, Class-1 contractors , Local MLA Pranab Balabantaray , Tahasildars, PDS dealers , Block Development Officer, Dharmashala , Marketing Inspectors and many more. His activism has also resulted in exposing corrupt character of Nabin Patnaik Govt. , false and fake propaganda of slogan “5T and Mo Sarkar” , corruption masterminded by BJD leaders having nexus with mining mafias etc. Lokayukta taking cognizance of all the cases has ordered for inquiry either by its own directorate wing or State Vigilance.
Glimpses of his RTI Activism to fight against corruption in Jajpur district.
Jajpur is major industrial hub of the state of Odisha. Huge illegal mining operation , operation of illegal black stone quarry , sand exploration by mining mafia engaged by leaders of Biju Janata Dal has become order of the day. Accidentally, Sarbeswar belonged to this area i.e, Dharmashala Block where illegal mining operation is rampant. Mining mafias backed by BJD leaders and administration are seen looting mining causing revenue loss worth thousands of crores to state exchequer.
Case No.1: Inquiry into destruction of Irrigation Embankment Road by use of Dynamite explosion in order to suppress substandard work and huge irregularities of Rs. 24.00 crore in the construction of said road under Dharamashal block of Jajpur district.
On 7.9.20., while filling a complaint before Lokayukta, Odisha , Sarbeswar Behura alleged that on 28th night of August, 20, the Irrigation Embankment Road from NH-5 ( Gokarneswar ) to Budhalingam Majhipada Road ( length-20 kms) along embankment of Kelua river got destroyed at Niraghat by explosion of dynamites and impression was given that due to heavy flow of flood water , the embankment got cracked and damaged and damaged 4000 hect. of paddy. But while visiting the spot and inspecting the damaged embankment along with the people, he observed that this destruction is not due to flood. This site does not witness any strong current in flow of flood water to cause any damage to embankment. He alleged that it was a deep-laid conspiracy to destroy it. He also alleged that Sri Pranab Balabantaray , local MLA and Sri Naren Jena , Junior Engineer of office of the Executive Engineer, R&B, Panikoili Division and others are behind the conspiracy who have engaged miscreants to damage this embankment through use of explosives in order to suppress the irregularities and misappropriation of huge amount of money in the construction work. About the project he stated that this project was sanctioned in 2016 by the office of the Executive Engineer, R&B, Panikoili Division with Agreement No. 21 P with an estimated amount of Rs. 21.99 crores. Sri Balakrustan Mohanty, Contractor was entrusted to execute the work and complete by 30.4.2018. But, the local MLA and Sri Naren Jena, Junior Engineer close relation of local MLA Sri Pranab Balabantaray used local hooligans to create trouble for the Contractors for which he could not start the work. The work got delayed for two years and the project cost revised to Rs. 24.47 crore.
The construction of the embankment ended in last part of 2019. Having seen the low quality of work, he filed RTI Application to the PIO, office of Executive Engineer, R & B, Panikoili Division , Jajpur seeking details of information about this work . But the PIO did not supply any information apprehending corruption being exposed. The low quality of work is highly visible in the road. In order to suppress the low quality of work of being exposed, the Tahasildar, Dharmashala and the Executive Engineer, R & B, Panikoili established Check post at Gokarneswar, entry point to Embankment road in name of the District Collector, Jajpur instructing for the same in order to prevent illegal extraction and transportation of minor minerals. But as per RTI Information, the letter dt. 16.1.20 issued by the Collector, Jajpur to the Tahasildar , Dharmashala does not contain any information or instruction for establishment of check post at Gokarneswar. Both the Tahasildar and the Executive Engineer, R &B, Panikoili have illegally established check post with intention to suppress low quality of work , as the minor minerals-loaded Trucks hardly ply on this road. After destruction of embankment is reported in media, the Chief Secretary and the Collector , Jajpur have made public statement in media that it was man-made breaches in the embankment and accordingly inquiry has been ordered. On 29.8.20., the Deputy Executive Engineer, Jaraka Irrigation Division, Jaraka, Jajpur filed FIR in Dharmashala Police station seeking an inquiry into man-made breaches caused to embankment by miscreants. Till yet no inquiry has been conducted so far. He has prayed before Lokayukta to conduct an inquiry into the matter and take legal action.
Taking cognizance of the matter LY-1027/20, Lokayukta issued notice seeking reply from Pranab Balabantaray, MLA, Collector, Jajpur, Executive Engineer, R&B, Inspector-in-Chrage, Dharmashala Police station about the allegation and directed vigilance to conduct an inquiry . The Case is continuing.
Case No. 2. Misappropriation of Rs. 5,00,00,000.00 ( five crores) by 12 OAS officers of Jajpur Tahasil under Collectorate, Jajpur within period of 2006 to 2016 .
On 25.7.2019., Sarbeswar filed RTI Application to the PIO, office of Collector, jajpur seeking copy of the Special Audit Report of Audit Team of Board of Revenue, Odisha. On 10.9.19, the PIO, office of Collectorate, Jajpur supplied the copy of Audit Report. it was observed that as per the Board’s memo No. 206 /Aud. Dt. 2.4.16., Special audit team of Board of Revenue conducted audit on misappropriation of Govt. fund in Jajpur Tahasil within period of 1.4.2006 to 5.4.2016. Audit was conducted from 5.4.16 to 31.8.17. The Special Audit Report No. 02/2017-2018 submitted to Govt. has made detailed description of how around Rs. 5 crore has been misappropriated by a bunch of Govt. official of Jajpur Tahasil starting from Tahasildar to Head Clerck, Nazir and many others. The Audit has strongly recommended for departmental proceedings and /or prosecution at the earliest moment under OCS (CAA &A) Rules, 1962/OCS (PENSION) Rules, 1992 on the basis of audit paras. From a letter provided under RTI, It was also found that the State Vigilance has registered a case File No. 05 dated 20.1.2018 on complaint of misappropriation of huge revenue by the officials of Jajpur Tahail. A letter has been written by the Deputy Superintendent of police, Vigilance, Jajpur to the Collector, Jajpur in this regard. Though Vigilance registered the case , did not conduct any inquiry. Armed with RTI information, Sarbeswar filed complaint in Lokayukta, Odisha on 26.9.2019 seeking direction to State Vigilance to complete investigation and take action against 8 Tahasildars involved in looting public money. Lokayukta , Odisha took the matter seriously registered the complaint LY Case No. 371/2019 and ordered the Vigilance to complete investigation. On 6.3.20, the Supdt. Of Police, Vigilance, Cuttack Division submitted the detailed report before the Lokayukta, Odisha. In this report, he has submitted with reference to report of EO that
“ Enquiry Officer has recommended for registration of two criminal cases ( a criminal case against Sri Rajat Kumar Routray, Ex-Nazir, Sri Sarat Ch. Barik, Ex-incharge Head Clerck ( Retd. ), Sri Ajay Kumar Sahu, Ex-Head Clerck & Sri Gourahari Behera , Ex-Tahasildar , all Ex-officials of Jajpur Tahasil u/s 13(2) r/w 13(1) (c )(d) of P.C.Act 1988/409/477-A/120-B IPC for misappropriation of Govt. money of Rs. 79,52,613.00 during the period from 31.3.2009 to 28.5.2010. Another Criminal case against Sri Rajat Kumar Routray, Ex-Nazir, Sri Sarat Ch. Barik, Ex-Nazir, Sri Ajay Kumar Sahu, Ex-Head Clerck & Smt. Mamata Barik, Ex- Tahasildar , all Ex-officials of Jajpur Tahasil u/s 13(2) r/w 13(1) (c )(d) of P.C.Act 1988/409/477-A/120-B IPC for misappropriation of Govt. money of Rs. 2,26,69,825.00 during the period from 20.9.2010 to 31.10.2013.”
The EO has also recommended for initiation of Regular Departmental action against Sri Rajat Kumar Routray, Ex-Nazir, Jajpur Tahasil A/pr. Senior Clerck , Vyasanagar Tahasil, Jajpur ( Group-C) with recommendation for recovery of misappropriated amount of Rs. 72,432/- from him.
The EO has further recommended for registration of criminal case against Sri Rajat Kumar Routray, Ex-Nazir, Sri Sarat Ch. Barik, Ex-Nazir, Sri Ajay Kumar Sahu, Ex-Head Clerck & Smt. Mamata Barik, Ex- Tahasildar , all Ex-officials of Jajpur Tahasil u/s 13(2) r/w 13(1) (c )(d) of P.C.Act 1988/409/477-A/120-B IPC for misappropriation of Rs. 12,11,335.00 from 1.6.2020 to 6.2.2014. showing fake purchases of different articles and amount collected in different dates not taking to cash book in Jajpur Tahasil. Sri Sareswar halso again approached the Lokayukta dt. 2.11.20 about inaction of Vigilance.
Case No. : 3 Huge irregularities in allotment of 4 houses to one family by Panchayat Executive Officer, Taranjia Gram Panchayat of Dharmashala Block of Jajpur district.
Sarbeswar got the information under RTI that Sri Rabindra Parida of Taranjia village and his family members Taranjia Gram Panchayat under Dharmashala Block have been allotted 4 houses under various schemes within span of 19 years and the Panchayat Executive Officer of Taranjia Gram Panchayat has selected him to allot another houses in 2019-20. On 6.9.19., after obtaining this information, the villagers of the GP personally met District Collector, Jajpur and submitted him memorandum seeking inquiry into it. But the Collector did not conduct any inquiry. He filed complaint dt. 1.9.19 before Lokayukta, Odisha stating that the Panchayat Executive Officer, Taranjia GP was hand in glove with many local touts and politicians and involved in illegal allotment not only this family but many families violating Govt. guideline. Registering the case LY 317/19, The Lokayukta ordered BDO, Dharmashala to conduct an inquiry . The BDO, Dharmashala Block conducted the inquiry and found allegation true . He recovered the money from the beneficiary and initiated disciplinary proceedings against Panchayat Executive Officer and Junior Engineer . Till yet, no action has been initiated against them.
Case No. 4: Huge irregularities and misappropriation of entire fund amounting Rs. 2 lakhs in name of construction of Pipe Water supply in Sundaria Gram Panchayat under Dharmashala block of Jajpur district.
As per information obtained under RTI Act, an amount of Rs. 2,00,000.00 ( two lakh rupees) was spent for construction of Drinking water project through pipes in Haradeipur village under Sinduria Gram Panchayat of Dharmashala Block under 14th Finance Commission Fund during 2016-17. When RTI information was verified, it was found that no such project had been implemented by any agency of the Govt. so far. The whole amount of Rs. 2 lakh had been misappropriated by the officials with false bills. On 24.9.19., Rilu Behera , wife of Sarbeswar Behura had filed complaint to BDO, Dharmashala, PD, DRDA, Jajpur for inquiry into the matter. But the BDO did not conduct an inquiry rather suppressed it. On 28.11.19, hearing the Case LY-414/2019 , the Lokayukta, Odisha had directed to the Block Development Officer, Dharmashala to personally inspect the bore-well by getting the depth- measured and thereafter submit the report. In compliance order of the Lokayukta, the BDO, Dharmashala block submitted his report dt. 7.1.20 which says that on measuring the depth of bore-well by the Executive Engineer, RWSS , it was found that the depth was only 36.4 metres and not 63 metres as shown in the measurement book. The four persons namely (1) Sri Managobinda Baral , Ex-PEO, (2) Smt. Puspanjali Sahu, EX-GPTA, (3) Sri Debudattaray Mohapatra, Ex-Assistant Executive Officer , ( 4) Smt. Gayatri Panda, Sarapanch of Sinduria GP have jointly misappropriated an amount of Rs. 41,492.00
Acting upon the Inquiry report, the Lokayukta, Odisha had issued notice to all the four persons for their reply and called for the views of the competent authority i.e., Minister-in-Charge , Panchayat Raj and Drinking Water. The Minister confirmed that all the above four persons are responsible for irregularities and misappropriation of Govt. fund towards execution of pipe water supply in Sinduria Gram Panchayat. The Minister has also mentioned that necessary action is being taken against erring persons. The view of the Minister is based on the report of the Collector, Jajpur who too in his report dated 14.2.20 has confirmed the irregularities and misappropriation of fund by Sarapanch and all three officials. The Collector, Jajpur has also reported that the disciplinary proceedings has been initiated against (1) Sri Managobinda Baral , Ex-PEO, (2) Smt. Puspanjali Sahu, EX-GPTA, (3) Sri Debudattaray Mohapatra, Ex-Assistant Executive Officer and action against Gayatri Panda, sarapanch recommended for initiation of proceedings under section 115 of Odisha Gram Panchayat Act. On 15.9.20., On the basis of the report of the Collector, Jajpur and views of the Minister, Panchayat Raj and DW, the Lokayukta , Odisha directed to the State Govt. to ensure completion of the disciplinary proceedings against 3 officials within a period of 5 months. The Lokayukta also recommended to the Principal secretary, Dept. of Panchayat Raj and DW to immediately initiate proceedings under section 115 of the Odisha Gram Panchayat Act , 1964 and complete the proceedings within 5 months. They have challenged order of Lokayukta in High Court. Though the High Court has not granted any stay , the administration is yet to take any action against them.
Case No.-5: Misappropriation of Rs. 1,80,180.00 by officials of Jajapur Tahasil, Jajpur in name of setting up of pillars in Mineral Lease areas under Dharmashala Tahasil .
While responding to an Assembly Query raised by the MLAs , Mr. Sudam Marandi, Hon’ble Minister for Revenue and Disaster Management, Govt. of Odisha replied dt. 20.11.19 that ( Point No. 4) DGPS Survey has been conducted by ORSAC for pillar posting in mineral lease areas in order to check theft of minor minerals across the state. With reference to this reply of Hon’ble Minister, RTI Application dt. 21.11.19 was submitted by Sarbeswar Behura to the PIO, office of the District Collector, Jajpur seeking information about details of fund utilized for DGPS Survey and Pillar posting in mineral lease areas in order to check theft of minor mineral in Dharmashala Tahasil. The Senior Revenue Assistant of Revenue Section of the collectorate, Jajpur supplied the information that Rs. 1,80,180.00 has been utilized for setting pillar post under Dharmashala Tahasil. Armed with this information, Sarbeswar personally inspected all the minor mineral lease areas of Dharmashala Tahasil to find out pillar post established to check mineral theft. But he could not find a single post in any place under the said Tahasil. The whole amount has been misappropriated by the officials of Dharmashala tahasil . He filed complaint to Lokayukta , Odisha to conduct an inquiry into the matter. The case was registered as LY-1249/20. Lokayukta has already directed Collector, Jajpur and Tahasildar , Dharmashala to file the reply. The case is pending.
Case No. 6: - Loss of Crores of rupess revenue to state exchequer due to unholy alliance of District administration, Jajpur with mining lease holder Sri Trinath Jena, At/Post-Aruha, Dist-Jajpur
On 1.9.2017, the Tahasildar, Dharmashala following OMMC Rules -2016 issued advertisement inviting application from bidders for granting lease for Aruha Black Stone Quarry No. 1 under Dharmashala Tahasil of Jajpur district for a period of five years. The land schedule is as follows.
LAND SCHEDULED
|
Mouza |
Khata No. with status |
Plot |
Area |
Kisam |
|
Aruha |
779 (AAA) |
2811 (P) |
Ac. 3.00 |
Pahada |
On 25.9.2017, the sealed tender Box was opened before the Bidders. All together 5 nos of application were received in respect of the quarry on scrutiny of the documents. After scrutiny, the following bidders came out successful as first and second.
|
Sl.No |
Name and address |
Additional charge offered |
B.G./ Solvency |
EMD |
|
1 |
Harihar Sahoo |
380.00 |
Rs. 580000.00 |
Not submitted Rejected |
|
2 |
Kartik Ch. Behera |
222.00 |
Rs. 8000000.00 |
Rs. 175000.00 |
|
3 |
Trinath Jena |
Rs. 80.00 |
Rs. 3000000.00 |
Rs.106000.00 |
As the 1st highest bidder failed to deposit security deposit and his letter of acceptance , the 2nd highest bidder Sri Trinath Jena , Ar/Post-Aruha, Dist-Jajpur was granted lease of Ac. 3.00 for black stone quarry from the period 2017-18 to 2021-22. Sarbeswar complained before Lokayukta dt. 24.11.20 that as per land record available with us, the black stone quarry area ( Pahada) is about Ac. 153. 630 in which only Ac.3.00 has been leased to Sri Trinath Jena, lease holder. But this Trinath Jena has undertaken black stone quarry and extracted illegally lakhs of tones of black stone throughout the Hill covering 100 acres of area in collusion with Tahasildar, Dharmashala and local police. This illegal black stone quarry has caused crores of rupess revenue loss to state exchequer with knowledge of Collector, Jajpur and Tahasildar, Dharmashala who are the beneficiary of this illegal money earned from illegal mining . Taking cognizance of the matter LY -1355/20, the Lokayukta has directed Collector, Jajapur and Tahasildar, Dharmashal to reply on this allegation.
Case No.7: Non-Closure of Operation of Crusher Unit by Collector, Jajpur
On 6.7.20., while filing complaint before Lokayukta, Sarbeswar stated that on 17.3.20., he had submitted RTI Application to the PIO, office of Regional Office, Odisha State Pollution Control Board, Odisha, Jajpur Road seeking information about details of permission ( consent to operate) granted to Crusher Units to operate in Jajpur district. On 31.3.20, the PIO supplied all the required information. While going through the document, he observed that the Regional office vide letter No. 325/PC-106 dt. 12.2.2019 has issued letter to the Collector, Jajpur district for implementation of direction of closure of hot mix plants in Dharmashala Tahsil. Earlier the said office has issued several closure notice to the 5 hot mix plants vide letter no. 26 dt. 9.1.2018, letter no. 827 dt. 15.3.2016, letter no. 32 dt. 9.1.2018 , letter no. 94 dt. 15.1.2018 & letter no. 100 dt. 15.1.2018 for closure of this plant which is being operated without obtaining consent to establish and consent to operate which is violation of Water Act, 1974 and Air Act, 1981. Despite several letters sent by State Pollution Control Board, the Collector having nexus with these plants has not taken any steps for physical closure of operation of these five Hot mix plants ( M/s Kalibalia Hot Mix plant, M/s Infra engineers Private Limited, M/S Bhabani Kinkar Infrastructure Pt. Ltd., M/s M.D.S. Hot Mix Plant , M/s Divine Construction in Dharmashala Block. The operation of these plants has destroyed the environment causing huge loss to the life and livelihood of the local people. Lokayukta has already issued notice to the Collector, Jajpur seeking reply on this allegation.
Case No.8: Loss of Revenue of crores of rupees due to operation of illegal quarry of black granite stone and running of illegal crusher units around Bichhakhandi Hills under Dharmashal Tahasil of Jajpur district by mining mafias in collusion with officials of Revenue and Forest Dept. and Police administration of Jajpur district
Bichhakhandi Hill , area of Ac. 890.27 dcl. Comes under BICHHAKHANDI Mouza of Dharmashal Tahasil is located adjacent to Balaram Pur Protected Reserve Forest in Jajpur district. This Hill is full of Black granite stone . As it comes under category of Protected Reserve Forest, no permission has been granted for leasing out this Hill for extraction of minerals by Govt. of India. Due to huge illegal mining operation, the forested covered Hill has almost become barren land . As per the information obtained under RTI from office of Tahasildar, Dharmashala and office of DFO, Cuttack Forest Division, illegal quarry of Black granite stone is going on in large scale in and around Bichhakhandi Hill by mining mafias since last few years. Though it is a forest land , no forest clearance has been obtained from Ministry of Environment and Forest, Govt. of India. No lease has been granted to anybody for Black stone quarry in this Hill. This large scale illegal quarry along with excavation of thousands of tones of minerals is going on openly with the knowledge of the officials of Revenue Department and Forest Department and local police. Tons of Black stones are excavated and sold by Mafias with the knowledge of the administration causing huge loss to state exchequer. Huge extraction of mineral has caused environmental hazard in the locality.
Sarbeswar brought it to the notice of the district administration several times to take steps against Mafias. On 12.7.2019, he wrote letter to several authorities i.e., Chief Secretary, Odisha, Revenue Divisional Commissioner, Central Division, Collector, Jajpur, Chairman, State Pollution Control board, SP, Jajpur, Tahasildar, Dharmashala seeking immediate action to stop illegal stone quarry in Bicchakhandi Hill. On 7.2.19, the Tahasildar, Dharmashala has written to Divisional Forest Officer, Cuttack Forest Division, Cuttack intimating him about large scale illegal stone quarry in many places of Bichhakhandi Hill which has caused huge revenue loss and environmental imbalance in the area. He has requested DFO, Cuttack to take appropriate action against mining mafias and maintain environment balance. On 28.3.2019, Tahasildar, Dharmashala again wrote the letter to DFO, Cuttack Forest Division appraising him about operation of large no. of illegal quarries and running of illegal crusher Units in and around Bichhakhandi Hill. He has requested DFO, Cuttack to check/ prevent illegal mining and running of crusher Units in the forest land. On 8,2.19, the DFO, Cuttack Forest Division wrote letter to the Collector, Jajpur appraising him about huge illegal operation of mining activity and requested for taking quick action along with cancellation of NOC to Crusher Units and establish along the peripheral boundary around Balarampur PRF. He has requested to the Collector , Jajpur to conduct regular joint raid involving district administration and police administration ( letter of DFO is attached as annexture-5). But till yet, the District Collector, Jajpur has not taken any steps to check illegal mining operation in the Hill.
As per information obtained under RTI, the Collector, Jajpur has granted NOC to 12 no. of crusher units for its operation in Dharmashala Tahasil. But hundreds of Crusher Units are in operation in Dharmashal Tahasil and around Bichhakhandi Hill. Though District administration is aware about this illegal mining operation , no step was taken because of nexus of the officials with mining mafias who are backed by political leaders of the ruling party. The mining mafias have engaged a number of local people for extraction of black stone in the Hill. It is reported that as there is no safety measures and protective equipment is not provided to the labourers, many of them succumbed to death. The police, Jenapur police station has registered two no. of cases of human causalities against mining mafias for death of labourers who were engaged in mining work. On 8.2.21., Sarbeswar filed complaint petition in the office of lokayukta, Odisha seeking crime branch inquiry into the matter and take appropriate legal action against mining mafias and Govt. officials. Lokayukta registered the case LY No.- 120/21 and issued notice to the District Collector, Tahasildar, Dharmashala to file their reply and fixed 13.4.21 for hearing of the case.
Case No.9: PDS Scam
In view of large scale-corruption and irregularities in distribution of food grains to the beneficiaries, denial of ration to some families and collection of higher price per litre of kerosene from the Ration Card holders in Dharmashala Block, Sarbeswar Behura took up this issue and made a thorough survey to identify the beneficiaries who have been denied ration under NFSA. On 6.4.20., he filed a PIL case No. WPC 11667/20 in Odisha High Court drawing attention of the court about denial of ration to eligible households, rampant Fake Ration Card in Dharmashala block, loot of rice by Dealers and Govt. officials and prayed for seeking direction for the inquiry into it and supply of ration to all bonafide ration card holders under PDS. Acting on the Writ petition, on 3.8.20, the hon’ble High Court directed to State Govt. , Collector, Jajpur and DO, Dharmashala to conduct an inquiry and complete the same within six weeks. While conducting inquiry, the district administration cancelled card of many fake beneficiaries and included many genuine beneficiaries in the list.
Case No. 10 : Dankari Loot causing loss of thousands of crores to state exchequer.
Dankari Mining Loot- Another Mega Mining Scam worth Rs. 4000 crores perpetuated by BJD leaders and Govt. officials under Nabin Patnaik Govt. in Odisha. This is a glaring case of loot of minerals engineered by Nabin Patnaik, Chief Minister and his Ministers MLAs causing crores of rupees revenue loss and protecting mining mafia and erring officials.
i. NGT Order – Eye Opener
The issue of Dankari Mining loot has come to limelight after intervention and series of orders passed by National Green Tribunal following complaint petition No. 604/2018 filed by Sarbeswar Behura , RTI Activist and Member of Odisha soochana adhikar Abhijan. The gist of the order of NGT dated 4.1.19 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 .
F. NGT has fixed 6.5.19 for next hearing of the case.
ii. Sequence of Struggle of RTI Activist leading to intervention of NGT
· 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. Sribasa Jena , a former Zilla Parishad of Biju Janata Dal, rulling 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 in 2002. He carried out wagon drill for black stone mining quarry which caused huge water and environment pollution in the locality.
· When his illegal mining extraction was at peak stage, Sarbeswar Behura, RTI Activist from 2012 started filling series of RTI Application 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.
· 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.
· 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.
· 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.
· 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.
· 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.
· 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.
· 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.
· On 4.7.16., Sri Abhaya Nayak, Joint Secretary, R7DM wrote a letter to the Collector, Jajpur that
i. Collector shall calculate the royalty amount for the excessquantity 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.
· 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.
· 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.
· 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.
· Then Sarbeswar Behuria filed complaint to NGT IN July 2018 seeking inquiry into illegal mining extraction and played 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 above-mentioned order .
iii. Harassment of Sarbeswar Behura
While taking up this issue , Sarbeswar has faced a lot of difficulties . He has been attacked by the goons several times and threatened of attack and murder. Five number of false cases have been filed against him in local police station. His home was broken down and set fire by miscreants.
Sarbeswar’s relentless struggle and fight to expose corrupt officials, mining mafia and disgruntled BJD leaders has brought to limelight mega loot of mineral sources and revenue loss of thousands of crores . In some cases, he has succeeded and in some other cases, he is struggling. The petrol attack on him is the large r conspiracy of Mining mafia, BJD leaders, local MLA Pranab Balaantaray and corrupt revenue officials and police administration to finish him.
Prepared by
Pradip Pradhan
State Convener
Odisha Soochana Adhikar Abhijan
M-9937843482
Date- 30.3.21
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