HC orders closure of illegal ‘mining route’ under Shahnehar canal

In a landmark judgment delivered on July 8, the Himachal Pradesh High Court, while hearing Civil Writ Petition (CWP) 10430 filed by Seema Devi and others, ordered the permanent closure of an unauthorised passage built beneath the Shahnehar canal structure at Rehatpur village in the mand area under Fatehpur subdivision, Kangra district.

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Expressing dissatisfaction with the reply submitted by the Jal Shakti Department (JSD), the court directed the Superintending Engineer concerned to ensure the passage is permanently closed within one week. The court also strongly criticised the justification offered by the Executive Engineer, Shahnehar canal project Division No. 1, Sansarpur Terrace, who claimed the passage was necessary for farmers owning land on both sides of the canal.

Taking serious note of the issue, the court further directed the Chief Engineer of the Jal Shakti Department, Dharamsala, to take up the matter to the Engineer-in-Chief and ensure the transfer of the present Executive Engineer of Shahnehar Project out of Kangra district. The case has been listed for the next hearing on July 23 to review compliance with the court’s directions.

The Shahnehar canal is an intra-state irrigation project shared between Himachal Pradesh and Punjab. The left bank canal originates from the Mukerian Hydel Canal at Talwara in Punjab. At the heart of the controversy is an illegal passage constructed by the mining mafia under the canal structure at Rehatpur. This route has reportedly been used to transport heavy vehicles laden with illegally mined minerals from the Beas riverbed and adjoining terrace lands in Himachal Pradesh to Punjab.

The SDM of Fatehpur had repeatedly warned the project authorities, highlighting public complaints and expressing concern that the unapproved passage posed a serious risk to the integrity of the canal structure. The High Court, in its July 8 order, made specific reference to two official communications sent by the SDM on April 4 and May 16 this year to the Executive Engineer, Shahnehar canal project.

The Tribune had earlier brought this issue to public attention through reports published on May 31 and June 15. Despite multiple efforts by local authorities and Fatehpur MLA Bhawani Singh Pathania, who directed the dismantling of the illegal passage on several occasions, the mining mafia repeatedly reconstructed it to resume their operations. The latest such action took place on May 28, but the mafia managed to reopen the route within days. The Tribune is in possession of the High Court’s official order dated July 8.