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Illegal mining in Punjab: Weak laws and politician-mafia nexus fuel crisis

With the poorly framed laws and stringent provisions missing, it has been difficult to curb illegal mining
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Punjab Chief Minister Bhagwant Mann on Saturday promised a judicial probe into the illegal mining in Samana a month after seven schoolchildren died in a road accident involving a sand-laden tipper, giving a strong indication of intended government action against sand mafia operating across the state.

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However, in wake of the alleged collusion between the sand mafia and politicians, it is feared that the move might be just another public stance taken by the state government.

With the poorly framed laws and stringent provisions missing, it has been difficult to curb illegal mining. The Punjab Regulation of Crusher Units, and Stockists and Retailers Act, notified on April 24, provides for “imprisonment which may extend to six months, or with fine of Rs 1 lakh, or both”.

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Besides, Section 23-C of the Mines and Minerals (Development and Regulation) Act (MMDR Act), 1957, empowers the Punjab government to frame rules to prevent illegal mining. Penalties for contravention of Section 4(1) and 4(1A) of the Act are Rs 5 lakh per hectare and a sentence of up to five years in prison.

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A sarpanch from a village near Pathankot says, “This is not enough. The government needs to involve the opposition and the public before enacting stricter laws. Also, mining department employees are ill-equipped to check illegal mining.”

Punjab has been regularly criticised by courts and regulatory bodies for failing in its duties to safeguard environment and check illegal mining. The Punjab and Haryana High Court, earlier this year, had come down heavily on the state for its failure to tackle illegal mining, observing that it would cause irreversible environmental damage in no time if left unchecked. The National Green Tribunal has criticised Punjab’s efforts to combat illegal mining as “futile”. The state does not have any statutory norms and regulations.

Besides danger on roads, the accident also reiterates the unbridled plundering of the riverbeds for sand reserves and rocks mainly in areas of Patiala, Ropar, Pathankot, Mohali, Ferozepur, Fazilka, Ferozepur, Amritsar and Hoshiarpur districts.

A sarpanch of a village in Mohali district, on condition of anonymity, says, “We know names of sarpanches who are actively involved in sand mining. This activity is simply not possible without the support of the politicians.”

He said, “Though CM Mann has made the announcement, no action has been taken on ground. Most importantly, mining activity cannot be carried out after the dark, and on ground, 90 per cent of the sand and rock extraction is carried out in the night.”

“Only stricter laws and stricter enforcement can show us a way out of the problem. And nothing could work out better than the public standing in front of the illegal tippers,” a Ropar-based environmentalist says.

Disturbing facts

Last week, the Punjab and Haryana High Court came down heavily on the Punjab government for its failure to tackle illegal mining, observing that it would cause irreversible environmental damage in no time, if left unchecked.

Earlier this month, the news item ‘Once sorrow of HP, Swan wreaks havoc in Ropar’ in The Tribune highlighted that “the pillars of the bridge have been exposed due to illegal mining. As the bridge is lying damaged for the past two years, locals use the riverbed to navigate through it.”

Mukerian and Dasuya tehsils in Hoshiarpur are the latest illegal mining hotbeds.

In 2023, residents of at least 200 villages in Ropar and adjoining Hoshiarpur district had to take alternative route of more than 30 km because the Kalwa-Nangal bridge over the Swan river was damaged due to illegal mining.

In August 2022, the Punjab-Himachal Pradesh interstate railway bridge collapsed over the Chakki rivulet near Pathankot. Ground reality showed that illegal mining in the riverbed had weakened the base of the 90-year-old bridge.

Shortly after Capt Amarinder Singh took over as Chief Minister in 2017, he said he had a list of at least 30 MLAs who indulged in the banned practice.

The then CM Charanjit Channi announced big action against miners and shortly afterwards his nephew was named as an accused in a major case.

Amarinder’s cabinet minister Rana Gurjeet Singh had to tender resignation after his name cropped up in a case related to illegal mining.

Latest effort

According to a recent cabinet decision taken earlier this month, individuals and crushers can now mine the minor minerals (sand and gravel) on the land owned by them by paying a royalty to the Punjab government. This will help increase the supply of legally mined minerals and bring down the retail prices of sand and gravel for the common man.

Reaction

Nature watch experts feel that opening all land to mining will mean giving an open hand to mafia, particularly for picking the top layer of the soil. Mining on private land will mean unregulated holes in the earth. Besides being an environmental concern, this could lead to problems to farmers whose fields are located in vicinity of the land that is dug up for sand.

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