District Magistrate Directed to Ensure Compliance and Conduct Surprise Inspections
In a significant judgment, the Uttarakhand High Court has directed the District Magistrate of Pithoragarh to enforce a prohibition on the use of heavy machinery in mining activities within the district. The ruling came in response to a Public Interest Litigation (PIL) filed by Rohit Mehara, who alleged that mining leaseholders were employing heavy equipment such as Poclain and JCB in violation of existing regulations.
The court referenced Rule 29(17) of the Uttarakhand Minor Mineral (Concession) Rules, 2001, which clearly prohibits the use of such machinery for mining operations. Heavy machinery is permitted solely for dredging under specific conditions, as clarified by the learned Chief Standing Counsel for the State of Uttarakhand.
Emphasizing the importance of adhering to environmental and legal standards, the court directed the District Magistrate to conduct surprise inspections of all mining leases at regular intervals. These inspections are to be carried out either by the District Magistrate himself or by a subordinate officer not below the rank of Tehsildar. The court mandated immediate cessation of any use of heavy machinery for mining purposes, reinforcing the state's commitment to sustainable mining practices.
This ruling aligns with the court's previous order dated December 14, 2023, in a related case. The judgment underscores the judiciary's proactive stance in safeguarding natural resources and ensuring compliance with statutory provisions.
The decision has been hailed by environmentalists and local residents alike, who have long voiced concerns about the ecological impact of unauthorized mining practices. The court's directive is expected to bolster efforts to preserve the region's natural landscape and prevent further environmental degradation.
Bottom line:-
Public Interest Litigation (PIL) - Mining activities - Use of heavy machinery like Poclain, JCB, etc. for mining purposes prohibited under Rule 29(17) of Uttarakhand Minor Mineral (Concession) Rules, 2001, as amended - District Magistrate directed to ensure compliance and conduct surprise inspections.
Statutory provision(s): Uttarakhand Minor Mineral (Concession) Rules, 2001, Rule 29(17)
