HC to Punjab: Court nod must for mining tenders

Chandigarh, September 14

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Taking up a petition filed in public interest for quashing tender notices for mining of quarries and de-silting of sites, the Punjab and Haryana High Court has made it clear that the Punjab Government will not finalise the same without the court’s permission.

The Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli ruled this after petitioner-advocate Gagneshwar Walia contended the auction notices were issued in an illegal and arbitrary manner, without preparing the mandatory district survey reports.

In his petition filed through counsels RPS Bara and JS Gill, Walia submitted he was primarily aggrieved by the action of the state and other respondents, whereby the Department of Mines and Geology issued the notices in a haste, compromising with the environment, and in a manner that would “lead to illegal mining and plundering of resources”. Walia contended this was against the laws laid down by the Supreme Court and the High Court, Sustainable Sand Mining Guidelines-2016 and Enforcement & Monitoring Guidelines (for mining) framed by the Ministry of Environment and Forest (MOEF).

Walia also contended the National Green Tribunal in the case of “Anjani Kumar versus the State of UP” held vide judgment dated December 8, 2017, that the district survey reports were a prerequisite and a condition precedent before the grant of any mining lease.

“In Punjab, it is evident from the record that no district survey reports have been prepared by the state till date. In utter violation of various judicial pronouncements, notifications of MOEF and the law laid down by Supreme Court, it has issued the auction notices without preparing DSRs and getting environmental clearance,” Walia added. — TNS

‘Arbitrary auctions’

• Petitioner contends auction notices issued in ‘illegal, arbitrary’ manner
• Claims mandatory district survey reports for auctions not being prepared