IMPORTANT POINT
The court established that state authorities have a duty to enforce environmental regulations and protect public health, and failure to do so can lead to legal consequences, including potential criminal liability for false statements.

ORDER

1. The matter is taken up through hybrid mode.

2. Heard Mr. S. K. Dalai, learned counsel for the Petitioner and Mr. Debakanta Mohanty, learned Additional Government Advocate (AGA) for the State-Opposite Parties.

3. The Petitioner has filed this writ petition in the nature of a Public Interest Litigation (PIL) praying for a direction to the Opposite Parties No.3 to 13 to take prompt action to stop illegal mining by way of mechanized manner, to adopt guided and controlled method for transportation of sands, to cause an independent inquiry in relation to the illegal practice adopted by Opposite Parties No.3 to 13 and declare the present auction procedure for grant of mining lease as illegal, arbitrary, tainted with mala fide and against larger public interest.

4. Mr. Dalai has contended that on account of illegal sand mining on the riverbed of Kathajodi, not only water pollution and air pollution are caused but also such activities of mining and transportation of sand cause health hazards. This apart, accidents do occur as the vehicles ply between 7 A.M. and 10 P.M. It is further contended that though the State authorities have stated to have issued direction to the lessees restricting transportation of sand during 7 A.M. to 10 P.M., it is an eyewash, as every-day, a large number of heavy vehicles, like-Hyva trucks carrying sand move on road causing inconvenience to the public at large. Apart from the above, it is contended that there is a mechanized way of mining, which is not permissible as per the guideline issued by the Government. In spite of that, the lessees are violating the terms and conditions prescribed for mining operation and no action or adequate steps have been taken against them.

5. Mr. Mohanty has contended that all possible and effective steps have been taken by the State authorities to see that there is no illegal mining of sand by the lessees. To substantiate this contention, he has relied upon the affidavit dated 19th July, 2023 filed by the Collector, Cuttack sworn in by Mr. Bhabani Shankar Chayani, wherein references have been made to certain documents and the Enquiry Report annexed thereto as Annexure-A series, which specifically state as follows:

'......Meanwhile, show-cause notices have been issued to the violators by the concerned Tahasildars in addition to imposition of penalty. Copies of the said notices are annexed hereto as Annexure-J.

Hence, from the above facts it can be concluded that, stringent actions are being taken against the lessees for violation of provisions of OMMC Rules, 2016. Whenever the matter of mechanized extraction of sand has come tohe notice of Revenue Authority, penalty as applicable is being imposed against the lessees.

Lastly, it may be noted that in the meanwhile, the Steel & Mines Department, Orissa vide Gazette Notification No. 3603/S&M, Dtd. 27.12.2012 has amended the OMMC Rules, 2016. As per the amended Rules, the Dept. of Steel and Mines is taking over the control of minor minerals from the Revenue Dept., wherein the Tahasildar is no more the competent authority and in its place the Mining Officer of respective districts has been declared as competent authority. Similarly the controlling authority has been replaced from District Collector to Deputy Director of Mines of respective zone. The transfer of minor mineral sources are going on and may be completed soon.'

6. On perusal of the said Enquiry Report, it is seen that in the communication dated 3rd April, 2023 (Annexure-A) made by the Additional District Magistrate, Cuttack to the Sub-Collector, Sadar, Cuttack and Sub-Collector, Banki, the following direction of this Court passed in the present case on 16th March, 2023 has been quoted.

'.......... Collector, Cuttack to make an enquiry and inform the Court on an affidavit what the current position is. The Collector will in the process of conducting an inquiry issue notice to the alleged violators and after giving them hearing take appropriate action if he finds that, the