[Illegal Mining] 'Excessive Extraction Of Minerals Poses Grave Threat To The Bridges/Highways', P&H HC Prohibits Mining Near Highways, Bridges [Read Order]

A Division Bench comprising of Justices Rajiv Sharma and Harinder Singh Sidhu was hearing the plea by a petitioner who submitted before the Court that large scale illegal mining activities are being carried out in their villages as well as on the bed of the Sutlej river.

The petitioner also stated that the heavy mining has changed even the course of the river at few places resulting in flooding.

The counsel for the petitioners further submitted that heavy machinery was also deployed to excavate the sand from the river bed. It was contended that the Statutory Authorities have not taken any action on the representations made by the petitioners to check the illegal mining in Block-2 cluster.

To this, the court directed,

"In the larger public interest to save the environment and ecology and also to regulate the sand mining, the Senior Superintendent of Police, Nawanshahr, Jalandhar and Ludhiana are directed to ensure that no illegal mining takes place in their jurisdiction. The deployment of heavy machinery like JCB etc. is prohibited for extraction of sand and gravel from river beds. The mining depth should be restricted upto three meters in river beds."

The Court directed the State Government to take stern action against the erring officers/officials who have failed to check the illegal mining in their respective jurisdiction.

The court was of the view that the excessive extraction of minerals poses a grave threat to the bridges / National Highway, State Highway.

In this context, the Court further gave the following directions:-

* The mining activities 1 kilometre from major bridges and ½ kilometre from small bridges upstream and down-stream is prohibited.

* Similarly no mining activities shall take place 1 kilometre from the National Highways and ½ kilometre from State Highways in the State of Punjab.

* The rivers have inherent right to flow without hindrance.

* The Deputy Commissioners and the Senior Superintendents of Police are directed to constitute special Flying Squads in order to check the illegal mining activities in the State of Punjab within two weeks from today.

* The Flying Squads should comprise of officers/officials from the mining department, revenue as well as police department.

* The State machinery shall also use UAV/drones to check the illegal mining and also undertake to carry out river audit including replenishment study within six months.

* The State should also evolve a method for procedure to monitor sale and purchase of sand.

* The sand mining shall be strictly carried out in the State of Punjab as per the guidelines laid down by the Ministry of Environment, Forest Climate Change, from time to time as well as environmental law.

* The Deputy Commissioners and the Senior Superintendents of Police, Nawanshahr, Ludhiana and Jalandhar shall file their status report on or before the next date of hearing.

The matter has been listed for further hearing on 30^th September 2020.

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