NGT comes down hard on Haryana Government over illegal mining in Aravallis

Bhartesh Singh Thakur

Chandigarh, May 11

Criticising the Haryana Government on illegal mining in the Aravalli region, the National Green Tribunal (NGT) has said FIRs have not been registered, investigation and trial are pending, environmental compensation is not imposed and cases are ending in acquittals. It has sought information on the existence of stone crushers/ screening plants operating in the Aravallis despite a ban on mining.

Evidence not collected and produced in court

Relevant evidence is not collected and produced before the courts, resulting in acquittal. Proceedings for imposition and realisation of environmental damage compensation are not taken against persons indulging in illegal mining and transportation. — NGT

In an order dated April 28, the NGT said, “… from the fact situation we find that in some cases, despite legal obligation, FIRs have not been registered at all… Investigations and trials are pending for long… The relevant provisions of the law are not added in the FIRs and chargesheets.”

On convictions in illegal mining cases in the past five years, the NGT said, “Seven criminal cases pertaining to illegal transportation/illegal mining in the Aravalli area have ended in acquittal, with the exception of one case of conviction, which is stated to have been recorded as confession…No steps have been taken for reclamation/rehabilitation of the land where illegal mining has been done.”

Of eight cases, only one ended in conviction

• As per the NGT, seven criminal cases pertaining to illegal transportation/illegal mining in the Aravalli area have ended in acquittal, with the exception of one case of conviction, which is stated to have been recorded as confession
• No steps have been taken for reclamation/rehabilitation of the land where illegal mining has been done

“There is no question of any deficiency in the legal framework and the problem is that of inaction/negligence/noncompliance by the officers/officials concerned due to incompetence/lack of training/corruption,” the tribunal stated, directing that “any violation by the officer/official concerned needs to be visited not only with disciplinary action against him but also his prosecution in accordance with law.”

Observing that stone crushers/screening plants are operating in the Aravallis, though mining is banned, the Director, Mining and Geology, and the DCs of Faridabad, Gurugram and Nuh have been directed to file affidavits on the number of such stone crushers/screening plants, monitoring mechanism regarding the purchase of minor minerals by them and its verification, the number of checkposts set up for vehicles carrying minerals to them and whether such vehicles are equipped with GPS.

As per police affidavit, from January 1, 2017, to January 31, 2023, 582 complaints were received, of which 507 were converted into FIRs.

The NGT observed that the police sent back 44 complaints to the mining department for filing complaints before the court under the Mines and Minerals (Development and Regulation) Act. These 44 complaints were related to the transportation of minerals without a transit pass. To support the action, a note of legal opinion was attached with the DGP Haryana’s report.

However, the NGT termed the legal opinion patently wrong and said as per statutory provisions and judgments of the apex court, the police were bound to register an FIR immediately on the receipt of a complaint of illegal mining and transportation. It directed the DGP to issue instructions to the SHOs concerned to register FIRs in these cases, punishable under Section 379, IPC, and/or Section 21 of the mines and minerals Act.

As no information has been furnished on the filing of complaints under Section 22 of the Act by the Director, Mines and Geology, he has been directed to file complaints in all pending cases where an FIR has been registered.