High Court allows limited desiltation near Aggampur bridge till June 30

Directing the Ropar Deputy Commissioner to personally supervise the area around the Aggampur bridge and neighbouring villages, the Punjab and Haryana High Court has ordered that no illegal mining shall take place there. A Division Bench of the High Court made it clear that the officer would be answerable before the court if any illegal mining was conducted and pointed out.

The direction came as the Bench of Justice Jasgurpreet Singh Puri and Justice Deepak Gupta modified an earlier order in a matter concerning desiltation near the Aggampur bridge on the Satluj river. The Bench, on June 8, had ordered that “such activities as detailed in the photographs attached collectively shall remain stayed”, while taking up a petition alleging rampant illegal mining being undertaken beneath the Agampur/Anandpur Sahib Bridge connecting Anandpur Sahib with other areas of the State.

Photographs were annexed along with the petition to show that the natural ecology was allegedly “being completely destroyed and that the authorities were not taking any action”. The matter was placed before the Bench after the State through Senior Deputy Advocate-General Luvinder Sofat prayed for modification of its June 8 order.

As the matter came up for resumed hearing, the Bench asserted: “Under no circumstance, the State can permit illegal mining not only at the aforesaid place of Aggampur bridge but even other places around the aforesaid area”.

The court also noted the State’s stand that illegal mining was not being conducted at the Aggampur bridge site. “But at some other places, the State has admitted that the traces of the same have been conducted and FIRs have been registered,” the Bench observed.

Directing strict supervision, the Bench ordered: “We, therefore, direct the Deputy Commissioner of Rupnagar to personally supervise that henceforth no illegal mining shall take place under and around the Aggampur village and neighbouring villages.”

The court further directed the DC to file an affidavit before the next date of hearing. “In case, any illegal mining is conducted and pointed out, then the Deputy Commissioner, Ropar, shall be answerable for the same, before this court,” the Bench added.

The court observed that the bridge in Aggampur village had seven gates and that sedimentation of sand and other material appeared to be present upstream starting from gate numbers three to seven while some water was present at gates one and two.

The Bench also recorded: “From the photographs it appears very clearly that pillar of gate number one is in dilapidated condition.” Referring to the approaching monsoon, the court observed the State’s contention that the pillar at gate number one might collapse appeared justified, if the entire water from river Satluj flowed only through the two gates.

“Therefore no risk can be taken in this regard for two purposes. Firstly, with regard to the flood and secondly with regard to the collapse of the bridge. Therefore, under no circumstances, the repair/renovation work of pillar at gate number one can be stopped,” the Bench asserted.

The High Court accordingly permitted renovation and repair of the pillar and allowed the desiltation process in the khasra numbers mentioned in notification dated May 5 to continue only till June 30. The Bench added that the desiltation process would be confined to the specified area sought by the State, namely 35 to 50 metres upstream from the Aggampur bridge. It further ordered that further desiltation process would not continue after June 30 except with the express permission of the court. The State was also directed to comply with the directions of the National Green Tribunal.

The matter has been adjourned to July 2. The DC has been directed to file a status report after personally inspecting the bridge and the surrounding area.