High Court raps state govt for failure to check illegal mining

The Punjab and Haryana High Court has come down heavily on the State of Punjab for its failure to tackle illegal mining, observing that it would cause irreversible environmental damage in no time, if left unchecked. The court also expressed grave concern over rampant mining in the Swan riverbed, which had already led to structural damage to the Kalwa Nangal bridge, forcing residents to take a 30-km detour.

Dismissing an anticipatory bail plea filed by the owner of a stone crusher facing multiple FIRs for illegal mining, Justice Sandeep Moudgil remarked: “No doubt, sand mining, being a lucrative industry worth crores, has become a significant problem in the present times, causing damage to the environment at large and losses to the state exchequer.”

Referring to the broader ecological consequences, the court added that unplanned mining could alter the natural course of rivers, making the surrounding areas prone to floods. “Another ecological damage which can be caused by unplanned mining is that it can bring change in the course of natural flow of the river, making the surrounding area prone to floods,” Justice Moudgil observed.

The court categorically held that the inability of the state government to combat illegal mining was evident, citing the damage already inflicted on public infrastructure and the environment. “It shows the inability of the state government to combat illegal mining, which, if kept unchecked, would cause havoc in no time,” Justice Moudgil asserted.

The observations came while adjudicating the second anticipatory bail plea filed by the petitioner in connection with an FIR registered on October 13, 2023, under the provisions of the Mines and Minerals (Regulation of Development) Act at the Nangal police station in Ropar district. Justice Moudgil took note of the fact that the petitioner was already facing two other FIRs for similar offences.

Rejecting the anticipatory bail plea, the court underscored the necessity of custodial interrogation stating that it was required to unearth the extent of illegal mining operations in Punjab’s rivers.