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Set up special courts to punish illegal mining, Odisha advocate general to govt
The setting up of special courts under the Mines and Minerals (Development & Regulation) Act would not just lead to speedy trial of the illegal mining cases pending in subordinate courts, but also help the government in dealing with the theft of minor minerals, officials said.
BHUBANESWAR: The Odisha advocate general has urged the state government to establish special courts to resolve several cases pending under the Mines and Minerals (Development & Regulation) Act in different courts of the state.
In a letter to chief secretary early this week, advocate general Ashok Parija said as Odisha leads the country in the production of iron ore, bauxite and chromite and has significant reserves of coal, limestone, dolomite, and sand, the state government should set an example for ensuring speedy trial of offences under the Mines & Minerals (Development & Regulation) Act, 1957.
The special courts can be established under section 30 (B) of the MMDR Act which was inserted in 2015 following detection of illegal mining in Odisha, Karnataka and Goa by mining mafia in the preceding years. According to the amendment, the prescribed penalties for illegal mining have been hiked to ₹5 lakh per hectare and imprisonment up to 5 years for violation of sections 4(i) and 1(A) of the Act. Karnataka was the first state to set up special courts by empowering the district judges to try such cases under the Act.
Section 4(1) of the Mines and Minerals (Development & Regulation) Act, 1957 prohibits reconnaissance, prospecting or mining operations in any area except under and in accordance with a license/ lease under the Act. Section 4(1A) of the Act prohibits the transport or storage of any mineral otherwise in accordance with the provisions of the Act and the Rules made under it.
In his letter, the advocate general referred to the judgement of the single-judge bench of Orissa high court last month where the court underlined the necessity of such courts. “This court expects the state government to take necessary effective steps in that regard at the earliest in consonance with the provision under section 30-B of the Mines & Minerals (Development and Regulation) Act, 1957 for constitution of special courts for speedy trial of offences,” justice SK Sahoo had observed while rejecting the prayers for anticipatory bail of a person in a case involving theft of minor minerals.
Officials said the setting up of special courts in districts under the MMDR Act would not just lead to speedy trial of the 943 illegal mining cases pending in subordinate courts, but also help the government in dealing with the theft of minor minerals like sand, gravel, stones, laterites, ballasts and rock fines. Of late, the minor mineral mafia have taken to attacking the revenue department officials during enforcement activities forcing the government to deploy armed policemen in 10 places.
Officials said the state government may follow Karnataka model and request the chief justice of Orissa high court to empower the district judges to try the mining cases under MMDR Act.
