High Court rebukes Punjab over unchecked illegal mining, flags environmental and security risks

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 regarding rampant mining in the Swan river, which had already led to structural damage of the Kalwa Nangal bridge since July 2023, 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.”

“Another ecological damage that can be caused by unplanned mining is that it can bring change in the course of natural flow of the river water, making the surrounding area prone to water 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 to the environment,” Justice Moudgil asserted.

The observations came while adjudicating 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 offenses, involving identical allegations of illegal mining.

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. “In view of the seriousness of the allegations, the custodial interrogation of the petitioner is certainly required to unfold the illegal activities prevailing in the rivers of Punjab, causing a devastating effect on the environment,” he added.

Before parting, Justice Moudgil made it clear that illegal mining was not merely an environmental issue but also a matter of national security. The court asserted that in light of the severity of the offense and its wide-ranging impact, the bail petition was devoid of merit and, thus, dismissed. “In the interest of environment and national security, and the gravity of the offence involved, I find no merit in the petition,” the court concluded.