PANAJI
The Bombay High Court at Goa has constituted a committee comprising of the Inspector General of Police, Superintendent of Police (South), Collector of South Goa, and Director of Mines to inquire into how minor minerals (sand, boulders, pebbles and gravel) worth an estimated Rs 1.60 crore were extracted from the Ragada river at Sanguem within the protected forest area and how the amounts can be recovered from the accused.
“We constitute a committee/team comprising of the Inspector General of Police, Superintendent of Police (South), Collector of South Goa, and Director of Mines to go into this issue and submit to us a report within four weeks on the circumstances in which the theft of public property to such a large extent was possible; the extent of environmental damage on account of this illegal and unlawful extraction from Ragada river; the status about movable and immovable properties or other assets of Swapnil Malik and the steps taken for recovery of the amount of Rs 1,60,52,916,” the High Court said.
“The report should also explain, if possible, the current financial status of Swapnil Malik and how he was managing his business involving crores of rupees at the time when the extraction was going on,” the High Court bench of Justices M S Sonak and Bharat Deshpande, ruled.
The High Court had taken up a public interest litigation suo motu back in 2019 based on newspaper reports that illegal dredging of the river was taking place.
The reports alleged that certain persons were involved in unauthorised dredging at the Zambaulim river and different sites and thereafter entered the Ragada river for the purpose of dredging and extracted pebbles, rocks, stone and boulders illegally from these rivers and transported them to Borcottem, Mollem where, one Govind Gaonkar is alleged to have set up an illegal crusher and washing plant to process the material into sand.
More than 5,000 trip loads of pebbles mixed with sand were transported and are stored and crushed at the site, the report alleged.
“We are quite pained and surprised by the large-scale extraction of sand, boulders, pebbles, and gravel from Ragada river. The extraction was in a protected area. As noted earlier, the Director has determined an amount of Rs 1,60,52,916/- which has to be recovered from Swapnil Malik…. However, as noted earlier, hardly any recoveries are made till date,” the High Court stated.
At the previous hearing the Advocate General told the High Court that they have found that Malik has a four-wheeler vehicle a Maruti Swift and two two-wheelers and that both these vehicles will be forthwith attached and sold for recovery of at least a portion of the amount due.
However, on Monday, Malik via an affidavit told the High Court that on oath has stated that he does not possess any four-wheeler vehicle in his name. He added that there is one scooter of Honda Activa in the name of his wife which is hypothecated with the bank and a Honda Aviator scooter in his name.
However, the Advocate General produced a certificate from the State Transport Department indicating that a four wheeler bearing registration No. GA-04-C-7770 is in the name of Swapnil Malik.
“At least prima facie Swapnil Malik has made a false statement in his affidavit filed before this Court. Before we proceed further, we direct Swapnil Malik to file an affidavit before us within one week from today explaining his position. Further, Swapnil Malik should state in his affidavit the position about any other assets which he has but which he has not indicated in his affidavit dated 10.03.2021 or the subsequent affidavits, if any, filed by him,” the High Court said.
