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Acting tough on the mine lessees for flouting Environment (Protection) Act, the Odisha forest and environment ministry has issued instructions to the collectors of mineral rich districts to file prosecution immediately.
The captive miners facing prosecution are Steel Authority of India Ltd (SAIL), Ferro Alloys Corporation (FACOR), Odisha Minerals Development Company (OMDC) and the state run miner Odisha Mining Corporation (OMC). SAIL is in dock for Bolani iron ore and manganese mines, FACOR for Katasahi manganese mines and OMDC for Kolha Roida mines. At least five mines of OMC are found to have violated the EP Act — Banspani iron ore mines, Rantha iron ore mines, Gandhamardan iron ore mines, Sakradihi iron ore mines, Balda Palasa Jajang iron ore mines and Daitari iron ore mines. Other miners like Prabodh Mohanty, S N Mohanty and Pattnaik Minerals are also facing charges of EP Act violation.
“This is to say that this department is yet to receive any information on the filing of prosecution for violation of EP Act by the miners. You are requested to immediately file the prosecution and submit copies of complaint filed in the criminal court without any delay,” R K Sharma, principal secretary, forest and environment wrote to the collectors of Sundargarh, Keonjhar and Jajpur districts.
The state government is presumably responding swiftly to the recent suggestion of the Union ministry of environment & forests (MoEF). The ministry had asked the state government to initiate action against the mining companies named in the Shah Commission’s report for violating environment laws. The commission, in its report, noted 94 mines were operating without environment clearance (EC) while 96 others obtained delayed ECs
The MoEF is also understood to have asked the state government to explain the reasons for delay in filing cases against the errant miners for EP Act violation. As many as 110 mine owners are in dock for violation of EP Act, 1986. The miners are facing prosecution for raising ore beyond the approved limits of the Act and also for continuing mining operations without environment clearance.
For EP Act violation, the state government is empowered to take action against the offenders by invoking powers under Section 19 of the Act. Under this Act, a district collector is empowered to take cognizance of the offence and initiate legal action. The MoEF had decided earlier that in all such cases involving violation of the EP Act, environment clearance will be issued only after the state government concerned has initiated credible action on the violation and evidence is provided to the ministry in this regard.
