Orissa High Court Raps Ex-Collector Of Cuttack For Filing False Affidavit In Illegal Sand Mining Case

The Orissa High Court has come down heavily on the State authorities and particularly, on a former Collector of Cuttack for swearing a false affidavit and submitting the same before the Court.

While taking cognizance of the matter, the Division Bench of Acting Chief Justice Dr. Bidyut Ranjan Sarangi and Justice Murahari Sri Raman sternly observed,

“It is observed on scrutiny that the replies/letters of interested persons are replete and replicated explanations and the enquiry report prepared being based on such explanation, the affidavit containing such false and incorrect factual position is not acceptable. Since such a false affidavit has been filed by such a responsible officer without visualizing the ground reality, this Court takes a very serious view of the matter.”

The Court was hearing a Public Interest Litigation (PIL) filed by an activist, Prasanta Kumar Das, who prayed for a direction to the opposite parties to take prompt action for restricting illegal mining carried out through mechanized manner and to adopt guided and controlled method for transportation of sand.

The petitioner also prayed for an independent inquiry into the matter and sought to declare the prevalent procedure of auction for the grant of mining lease as illegal, arbitrary, tainted with mala fide and against the larger public interest.

Debakanta Mohanty, Additional Government Advocate for the State submitted that all possible steps have been taken by the authorities to ensure that there is no illegal sand mining by the lessees.

To substantiate his stance, he relied upon the affidavit sworn in by Mr. Bhabani Shankar Chayani, the then Collector of Cuttack on July 19, 2023 wherein he referred to certain documents and enquiry report.

After hearing the submissions for the parties and perusing the materials available on record, the Court noted that though notice had been issued to the State in the month of March, no counter has been filed by the State to date. The counsel for the State sought further time to file the counter.

However, taking into account the alarming ground situation in the city of Cuttack due to the pollution caused by the illegal sand mining, the Court was not inclined to grant any further extension to the State for the purpose of filing the counter.

“If the affidavit sworn to by the then Collector—Mr. Chayani and the documents forming part of enquiry report enclosed thereto are examined, with reference to the submission made on behalf of the State, it would be made clear that a false and frivolous affidavit has been filed by a responsible officer of the State Government viz., the then Collector, Cuttack,” it added.

The Court further noted that a large number of excavators are being used by the lessees to remove the sand from the riverbed of Kathajodi.

“Even though this fact has been brought to the notice of the authority concerned by way of filing the present petition, it appears that the authorities, who are in-charge of the same, have not taken care of and attempted to control the situation; rather they, as it appears, have hand in glove with the lessees for the reasons best known to them,” it observed.

The Court further held that the authorities are casual in filing a proper affidavit before the Court which reflects their inclination to support the illegal mining carried out by the lessees.

“To protect the interest of all citizens, if the State authorities, who have been vested with powers by the Constitution to provide good health and to take proper care, fail to perform their duties and the same is violated at their behest, this Court will not appreciate the same and, as such, the persons who are in the helm of affairs should be suitably dealt with in accordance with law,” it observed.

The Court finally held that the affidavit which was filed by the then Collector on July 19, 2023, was based on false information and flimsy statements supplied to him and therefore, it was deemed to be a false one. It was of the view that criminal proceedings should be initiated against such persons, which would be a lesson for others.

After being warned by the Court, the counsel for the State sought permission to withdraw the said affidavit dated July 19, 2023 and to file a fresh affidavit.

Consequently, the Court granted fifteen days to the State to rectify the mistake and if the same was done, the Court assured not to pursue proceedings against the concerned authorities.

Case Title: Prasanta Kumar Das v. State of Odisha & Ors.

Case No: W.P.(C) PIL No. 6375 of 2023

Date of Order: November 29, 2023

Counsel for the Petitioner: Mr. S.K. Dalai, Advocate

Counsel for the Respondents: Mr. Debakanta Mohanty, Addl. Govt. Advocate

Click Here To Read/Download Order