HC puts check on illegal sand mining/Makes nod from assessment authority must

The Tribune , Thursday, July 30, 2009
Correspondent : Saurabh Malik /Tribune News Service
Chandigarh, July 29

The Punjab and Haryana High Court has made it clear that a go-ahead from the state-level “Environment Impact Assessment Authority” is essential for carrying out sand mining activity in the state.

The assertion by the Division Bench of Chief Justice Tirath Singh Thakur and Justice Kanwaljit Singh Ahluwalia came on a bunch of public interest petitions filed by Ajeet Singh and other petitioners. They had sought directions to the state of Haryana and other respondents to put an end to the indiscriminate, illicit and mindless sand mining on the fertile agricultural land in Harsinghpura, Shekhpura and Kond villages in Karnal district, along with Janti Kalan in Sonepat and Khotpura in Panipat district.

Taking up the matter, the court on August 31, 2005, had sought the views of specialists in the agriculture sector; Hisar-based Haryana Agriculture University was made as a party to determine the environment hazards. A committee, comprising seven experts from different disciplines constituted by the vice-chancellor, submitted a report asserting sand mining on agriculture lands had destroyed the natural soil profile and resulted in land degradation due to soil erosion in the fields adjacent to the mined area.

The court had then, prima facie, asserted the situation arising out of sand mining on fertile agriculture lands was alarming. In case remedial steps were not taken, it might adversely affect the environment. The court had stopped the on-going mining activity in the villages in April 2006.

As the matter came up again, state counsel Randhir Singh said auction of leases for sand mining was now subject to proper evaluation of environmental hazards, and clearance by the impact assessment authority, constituted by the Government of India, in terms of notification dated September 14, 2006.

Disposing of the petition, the Bench asserted: All we need say is the respondent state government and its agencies shall ensure the terms of the auction notice are strictly adhered to by the lessees concerned and no mining activity is allowed to be carried out, except after obtaining proper clearance from state-level Environment Impact Assessment Authority…”

The Bench also granted the petitioners the liberty to re-agitate the matter, in case of violation of the state government policy.

 
SOURCE : Thursday, July 30, 2009
 


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