Decide how mining can be carried out legally in Punjab's border areas, says High Court
Saurabh Malik
Chandigarh, November 9
The Punjab and Haryana High Court has directed the Union Ministry of Defence to re-evaluate the ongoing mining activities within 20 km of the border area in the state of Punjab.
The direction came as the Division Bench took into consideration the fact that mining had been going on for a decade now and a decision has to be taken by the Ministry as far as the activity within 20 km of the the border area was concerned.
“Keeping in view that for the past 10 years this mining is going on in border area of state of Punjab, a direction is being given to the Ministry of Defence to consider this aspect after going through the material available in the writ petitions and the photographs placed on record and then take a decision that how the mining can be carried out legally in the border areas,” the Bench of Acting Chief Justice Ritu Bahri and Justice Nidhi Gupta asserted.
The direction has its genesis in an additional affidavit submitted by the Ministry of Environment, Forest and Climate Change through senior panel counsel for the Union of India Arun Gosain. Among other things, it said the Ministry of Defence had issued guidelines on “security consideration on construction activities/other activities along the border areas.”
The Bench observed the guidelines made it clear that all activities connected with mining within 20 km from all the borders, including seaboard frontier, were to be planned in consultation with the Ministry of Defence.
Fixing the matter for further hearing on December 13, the Bench directed the Ministry of Defence to inform the court of its decision.
The developments took place on a petition filed in 2012 by Gurbir Singh Pannu. He was seeking auction in a transparent and time-bound manner to curtail illegal mining.
Over a period of time, more petitions on the issued filed through counsel APS Shergill, RS Pandher, HC Arora and other advocates were tagged along. Their counsel conjointly submitted during the course of hearing that illegal mining well beyond the prescribed limits was continuing unabated in the riverbeds despite court orders.
It was also submitted that illegal mining had resulted in creation of gorges and ditches, especially in the areas of Pathankot and Gurdaspur, adjacent to Pakistan border right across the Ravi seriously jeopardising the country’s security. It had practically become an entry point for infiltrators and terrorists.
Keep MoD in loop
The Bench observed the guidelines made it clear that all activities connected with mining within 20 km from all borders, including seaboard frontier, were to be planned in consultation with the Ministry of Defence.
