FIR Mandatory for Theft of Government Minerals, Important Order by NGT

The National Green Tribunal (NGT) has ruled that in cases of theft of state-owned minerals, local police and the mining authority are legally bound to register a First Information Report (FIR) under the Bharatiya Nyaya Sanhita. The Tribunal clarified that payment of fines for illegal mining does not exempt the offenders from criminal proceedings.

According to a report by Hindustan Times, the Eastern Zone Bench of the NGT disposed of an application related to illegal sand mining and storage in the bed of the Mahanadi river in Chikhili village of Bargarh district, Odisha. The Tribunal has ordered the state government to initiate criminal proceedings against the accused and recover compensation for environmental damage.

The bench, comprising judicial member Justice Arun Kumar Tyagi and expert members A. Senthil Vel and Ishwar Singh, directed the Superintendent of Police of Bargarh and the regional officer of the Odisha State Pollution Control Board (OSPCB) to register separate FIRs against Prem Kishore Patel. Prem Kishore Patel is accused of illegal sand mining and large-scale storage in the bed of the Mahanadi river at Ambabhona and Chikhili tehsil without a valid mining lease.

The bench stated that compounding offences or paying administrative fines under Section 23A of the Mines and Minerals (Development and Regulation) Act, 1957, does not stop criminal proceedings for the theft of minerals. Such criminal liability must be dealt with independently.

Drawing upon Supreme Court judgments in Lalita Kumari vs State of Uttar Pradesh and State of NCT of Delhi vs Sanjay, the Tribunal emphasised that when information discloses a cognizable offence related to the theft of state-owned minerals, it is mandatory for law enforcement agencies to register an FIR.

The case was brought before the NGT through an application by Shivaji Patel of Bargarh. He alleged that Prem Kishore Patel was carrying out illegal sand mining without a valid lease. The sand was being extracted using suction pumps installed on sand boats and was being commercially supplied to regional construction projects and brick-making units.

During raids conducted on June 22, 2024, enforcement officers discovered approximately 8,688 cubic metres of illegally stored sand. The applicant alleged that instead of initiating criminal proceedings or seizing the machinery used for mining, the authorities repeatedly settled the violations by imposing nominal fines.

A joint fact-finding committee comprising the Bargarh Collector, a senior scientist from OSPCB, and the District Mining Officer found that Chikhili is not a notified sand source and mining permission was never granted there. The Tribunal observed that the administration's claim that no active mining was found during monsoon inspections cannot exempt them from the responsibility to take action against the illegally extracted and stored sand and its commercial trade.

Additionally, the NGT has ordered the OSPCB to initiate proceedings for the assessment and recovery of environmental compensation. The Tribunal told the Director of Mines and Geology to ensure that all vehicles transporting minor minerals are equipped with functional GPS-based tracking systems and Radio Frequency Identification (RFID) tags. Vehicles without such systems should not be permitted for transport, and vehicles involved in illegal activities should be seized. The Tribunal has ordered the Chief Secretary of Odisha to personally review the compliance of mineral monitoring rules on a quarterly basis.