State to move HC on RBT case by month-end

The state government has decided to move the Orissa High Court, contesting the order of a Central tribunal that had set aside the order of the government on refusing mining lease to the scam tainted miner Ram Bahadur Thakur Ltd (RBT).

“We will be filing petition in the Orissa High Court by the end of this month. The law department has already advised us to contest the order of the revision authority on the RBT case. Last evening, we had elaborate discussions on this matter. Our negotiations with the state Advocate General on the issue is also through and we are all set to approach the High Court and defend our stand in the case,” Raghunath Mohanty, state minister for steel & mines and industries told media persons here.

Said a senior official of steel & mines department, “The state government had refused mining lease to RBT as it had not prepared any mining plan and also not obtained forest clearance necessary for operating a mine. Our decision was based on investigation carried out by State Vigilance as well as administrative enquiry of our department. We will be presenting these arguments in the court along with necessary evidence.”

In a blow to the state government, the Central tribunal had recently quashed its order in the RBT case, stating that the order was drawn under influence and was prejudged. The order of the state government was not a speaking order and there has been non-application of mind, the tribunal said in its order.

The tribunal stated that an FIR, containing certain allegations, has been filed by the state government against RBT or its power of attorney holder Shakti Ranjan Dash, but the FIR is only a document of information and not an inference or verification of facts.

“There is no allegation whatsoever against Dash or RBTL with respect to illegal mining. The allegations in the showcause notice served on RBTL and conclusions given in the impugned order of the state government do not appear to be in sync with or natural consequence of the events precedent thereto. They remain isolated to themselves and in contradiction to stand taken before the Orissa High Court an consequent compliance of its orders,” the tribunal said in its order.

Faced with a barrage of criticism over the involvement of RBTL in illegal mining activities, the state government had refused mining lease for the company in its order dated July 20 last year.

It may be noted, the allegation of illegal mining by RBT about two years back had led to unearthing of multi-crore scam involving several other miners who indulged in similar irregular activities in violation of the relevant forest and mining laws. Public interest litigations had also been filed demanding CBI probe into issue.