E-Paper
Himachal firm moves HC seeking CBI probe into illegal mining in Punjab
Kangra-based Jai Durga Stone Crusher also demanded to ensure a stop on operations of the stone crushers in Hoshiarpur, claiming they were operating on the basis of unprocessed raw material mined as there was no legal quarry in the district
A firm with mining operations in Himachal Pradesh has approached Punjab and Haryana high court seeking a probe by Central Bureau of Investigation (CBI) in the alleged illegal mining in Punjab.
Kangra-based Jai Durga Stone Crusher also demanded to ensure a stop on operations of the stone crushers in Hoshiarpur, claiming they were operating on the basis of unprocessed raw material mined as there was no legal quarry in the district.
The plea says that due to a provision in the state’s mining policy, illegal mining has been legalised by mere deposit of ₹6 per-cubic-feet for material coming from other states.
Basically, after mining material within the state, the firms are depositing the nominal fee, turning the illegal mining into legitimate import from outside the state, the plea says, adding that there was no provision of exporting raw material, gravel and river bed materials from Himachal to Punjab.
The plea contends that the impugned policy is against the Act and the meagre fee deposit was facilitating illegal transportation of mined raw materials.
It was pointed out that there are instances where, in fact, no truck comes from the interstate borders, but receipts are issued for the material illegally mined with in the state.
The high court bench of justice Sureshwar Thakur and justice Kuldeep Tiwari expressed concern over the issues raised in the plea and observed that this kind of continuation of the policy would amount to composition of offence at the behest of department concerned.
The bench said the power to make such rules is with the state government and prima-facie, the impugned circular smacks of “vices of arbitrariness”’ and non- application of mind.
During the hearing, advocate general (AG) of Punjab Gurminder Singh assured that he would make deliberations with state government about the ill-effects of such a policy and assured the court that illegal excavation would not be allowed.
While posting the matter for November 15, the HC observed that that this issue relates to monitoring, surveillance and detection at the border and the AG would inform the court about the machinery which is required to be deployed to prevent such illegal excavation.
