HC proposes SOP for satellite monitoring of mining sites in Haryana

For strengthening environmental protection through technology, the Punjab and Haryana High Court has asked the Union Government to explore the possibility of putting in place a standard operating procedure (SOP) under which 3-D satellite imagery with geo-coordinates of mining sites is preserved at fixed intervals and placed in the public domain.

The Bench made it clear that such a mechanism would better equip authorities to protect environmental interests.

The matter pertains to alleged large-scale environmental violations in a mining area in Charkhi Dadri. The Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit was, on a previous date of hearing, told that the area fell in the Aravallis.

“We would also like the Union of India to explore the possibility of putting in place a standard operating procedure (SOP) to ensure that 3-D satellite imagery, along with its geo-coordinates, is preserved from the time a site is put to mining purposes at fixed intervals, such as every six months or one year. Such imagery should be placed in the public domain for the perusal of the public at large so that any aggrieved person may raise a valid grievance and, in the event of failure on the part of the authorities, the Court can take appropriate action,” the Bench said.

“Once such an SOP is put in place, the Ministry concerned of the Union of India as well as the State authorities would be better equipped to protect environmental interests,” it added.

The Bench also directed the Secretary, Ministry of Environment, Forest and Climate Change, and the state Chief Secretary to requisition 3-D satellite imagery “so that the actual damage caused over a period of time can be ascertained”.

The direction came after it was suggested at the Bar that Google satellite imagery was available on payment of certain charges and could reflect the status of the site with exact geo-coordinates for the relevant period –– 2016–2025.

The Bench asserted: “Though it is alleged that all statutory compliances have been fulfilled, none of the competent authorities has taken any action in the matter, nor has the environment been protected. We have already noticed, on the basis of the report of the Advocate-Commissioner (earlier appointed by the Court), that substantial damage to the environment has occurred. We are in a position where the offence is known, but the person who has committed it has not been traced”.

The Bench directed that a responsible officer of the Centre file an affidavit by the next date of hearing. The matter has been adjourned to July 27.

The case arises from allegations of indiscriminate illegal mining at Pichopa Kalan village in Charkhi Dadri district, where the petitioners alleged that mining far exceeded approved limits, damaging agricultural land, ecology and the village environment.

Time-bound trial

directions ‘not justified’

Meanwhile, in another case, the court has said issuing directions for time-bound disposal of cases is “neither justified nor called for” as the courts across the country are burdened with a large number of cases. At the same time, the court said that every court was duty-bound to deal with urgent matters as expeditiously as possible.

The observations came as Justice Vikram Aggarwal directed a trial court to make “concerted efforts” to decide the trial in a case as expeditiously as possible.

The High Court Bench was hearing a petition for quashing an FIR registered on April 21, 2017, for cheating and other offences under Sections 66(B) of the Information Technology Act and Section 420, IPC, at Gurugram Sadar police station.

The petitioner’s counsel submitted during the course of hearing that the FIR was registered in 2017 and the final report was submitted in 2020.

The counsel said that the case was adjourned multiple times. As such, a direction was required to decide the trial in a time-bound manner.