Order of the National Green Tribunal regarding illegal mining in Nihalprasad, district Dhenkanal, Odisha, 29/04/2024
Order of the National Green Tribunal (Eastern Zone Bench, Kolkata) in the matter of Santanu Kumar Bhukta Vs State of Odisha & Others dated 29/04/2024.
The matter is related to illegal mining of metal quarry-1 in village Nihalprasad, tahasil Gondia, district Dhenkanal. Additional Government Advocate appearing on behalf of the state authorities, states that he has received instructions from Odisha Space Applications Centre (ORSAC) that they need to take permission from the Election Commission for conducting survey with regard to the allegation of illegal mining.
"We fail to understand as to why sanction of the Election Commission is required for a survey into an investigation of an alleged criminal activity," the bench of Justice B Amit Sthalekar said. The letter of the Odisha Space Applications Centre (ORSAC), April 22, 2024 has been placed before us which mentions that satellite data for the available period would be available only after Model Code of Conduct (MCC) is over. The notices in the case were issued on October 22, 2023 and at that time there was no Model Code of Conduct (MCC) and there were no elections.
"We fail to understand as to why ORSAC cannot conduct the survey without the sanction of the Election Commission and provide a report to the Collector and District Magistrate, Dhenkanal," the order noted.
The NGT directed the Collector and District Magistrate, Dhenkanal, to ensure that the affidavit along with ORSAC report is filed within four weeks failing which the provisions of Section 26 of the National Green Tribunal, 2010 would be invoked by the tribunal.