Court Directs State Authorities to Seal Mining Sites and Investigate Environmental Violations
The Punjab and Haryana High Court has issued a landmark judgment addressing the severe ecological damage caused by illegal mining activities in Haryana. In a case involving M/s Dharampal Stone Crusher and Others against the State of Haryana, the court has highlighted the rampant violations of environmental norms and mining lease terms, resulting in substantial environmental degradation.
The judgment, delivered by a division bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, scrutinizes the activities of private respondents allegedly engaged in illegal mining far beyond approved limits. The petitioners, residents of Pichopa Kalan, District Charkhi Dadri, have reported extensive ecological destruction due to unregulated mining operations, which have led to severe soil erosion, deep pits, and the disappearance of hillocks.
An Advocate Commissioner appointed by the court conducted an on-site inspection, revealing blatant violations of the Environmental Clearance Certificate and mining plan. The inspection confirmed that mining activities extended beyond designated areas, compromising boundary integrity and posing safety hazards.
The court has directed the Chief Secretary of Haryana to examine the matter and submit an affidavit detailing measures to address the environmental damage and prevent future violations. Furthermore, the Union Ministry of Environment, Forest, and Climate Change has been called upon to suggest corrective measures.
In a stern directive, the court ordered the sealing of the mining area within 48 hours, with the Deputy Commissioner of Charkhi Dadri overseeing the operation and ensuring it is videographed. The Director of Haryana Space Application Centre has been tasked with providing satellite imagery of the mining site from 2016 onwards to ascertain the extent of violations.
The judgment also casts doubt on the authenticity of the mining lease cancellation order reportedly issued to respondent No.9, suggesting possible connivance among state officials.
As the case proceeds, the court has emphasized the need for stringent monitoring and adherence to environmental protections, underscoring the duty of state authorities to prevent such rampant plundering of natural resources. The judgment serves as a significant step towards safeguarding the environment and ensuring compliance with legal norms in the state.
Bottom Line:
Environmental Law - Illegal mining activities causing severe ecological damage, violation of Environmental Clearance Certificate and mining plan - State authorities' failure in monitoring, compliance, and addressing illegal mining concerns.
Statutory provision(s): Environmental Clearance Certificate, Haryana Mines and Minerals Concession Rules, Mines Act, 1952, Metalliferous Mines Regulations, 1961
