HC raps Haryana again over 'casual' handling of environmental concerns
Questions move to set up inquiry despite pending directions
Less than two months after flagging “callousness”, possible “connivance” and a prima facie case of “loot and plunder of natural resources”, the Punjab and Haryana High Court has again rapped Haryana for treating serious environmental concerns in a “casual manner”.
The Bench of Justice Ashwani Kumar Mishra and Justice Rohit Kapoor also questioned the State’s decision to propose an inquiry committee instead of complying with binding court directions. “We expect more thoughtful action on the part of the State,” the court observed.
The matter pertains to alleged large-scale environmental violations in a mining area in Charkhi Dadri. The Bench was, on a previous date of hearing, told that the area falls in Arravalis. At the onset, the court found the latest affidavit filed by the Chief Secretary wanting. The Bench observed that it was “silent with regard to the action to be taken pursuant to the previous orders” and did not even clarify whether the mining site had been sealed. It further recorded that directions issued earlier to the Haryana Space Application Centre remained uncomplied with.
Taking exception to the State’s stand that it was “proposing to constitute some inquiry committee”, the Bench asserted that no such direction had been issued. Making it clear that the State could not sidestep judicial directions by initiating parallel processes, the Bench observed: “We find it difficult to appreciate the stand taken by the State, inasmuch as the directions already issued have not been complied with and serious issues relating to environmental concerns are being dealt with in a casual manner. Instead, a committee is proposed to be constituted which was not required in terms of the previous order”
Questioning the move, the court asserted the court was seized of the matter is seized and detailed affidavits had been called for. Reports, too, had been summoned from the Haryana Space Application Centre, Citizen Resources Information Department, Government of Haryana, Hisar. “We are at a loss to understand as to what kind of inquiry is proposed in the matter when the issue is sub judice," the Bench added.
The court directed all respondents, including the Union of India, to file fresh affidavits strictly in compliance with earlier directions by the next date of hearing on April 16. The Bench, on the previous date, had directed the Chief Secretary to personally examine large-scale environmental violations and file an affidavit explaining how the State proposes to deal with “vast extent of environmental plundering”.
Referring to a report prepared by an advocate appointed by the court as commissioner, and a drone survey report, the Bench had asserted: “What is seen with the naked eye, is not only disturbing, but is also bewildering. It prima-facie appears to be a case of blatant violation of environmental norms contained in the environmental clearance certificate as well as mining plan causing loot and plunder of natural resources”.
The case has its genesis in allegations of indiscriminate illegal mining in 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. The Bench was assisted in the matter by senior advocates Shailendra Jain and Amit Jhanji.
