Illegal mining near LoC in Punjab’s Pathankot: NGT issues notice to Centre

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Issuing the notice, the Bench headed by Chairperson Justice Prakash Shrivastava; and members Dr A Senthil Vel and Dr Afroz Ahmad asked the ministry to file the response by way of an affidavit (File Photo)The National Green Tribunal (NGT) has issued notice to Ministry of Environment, Forest and Climate Change and others asking them to file their response by way of an affidavit on a petition filed against the alleged illegal sand mining in the areas near Line of Control that fall in the jurisdiction of Punjab’s Pathankot.While issuing notice to the ministry, the NGT said that the petitioner has alleged that illegal mining is “in progress without the requisite environmental clearances and in violation of the orders” of the Tribunal and the Supreme Court. “The applicant also alleges that the fertile agricultural land is affected on account of such illegal mining and the violators are causing air and noise pollution. He has also raised an issue that such illegal mining is being done close to the Line of Control raising the national security concerns. Applicant also alleges that the illegal mining activities are going on even in ‘Gair Mumkin Janglat’ [forests land protected under ecological norms],” read the NGT order.Petitioner Karan Singh, who is a farmer from the area, informed the NGT that “a civil writ petition (PIL) is also pending” before the Punjab and Haryana High Court, but in that “the issue of allegedly opaque manner of allotment of the mining leases is under consideration and there is no relief in that writ petition for taking action against the illegal mining”.Issuing the notice, the Bench headed by Chairperson Justice Prakash Shrivastava; and members Dr A Senthil Vel and Dr Afroz Ahmad asked the ministry to file the response by way of an affidavit. The case shall next come up for hearing on October 30.Advocates Vivek K Thakur and Akshit Pathania appeared on behalf of the applicant.Karan Singh filed the application under Section 14 of the NGT Act, seeking urgent intervention against rampant and illegal sand mining in and around village Shekupur Manziri and nearby areas in border district Pathankot. In his application, Karan Singh alleged that “The illegal mining is taking place alarmingly close to the Line of Control, raising national security concerns. The Border Security Force (BSF) has raised alarms regarding unverified labor presence and unauthorized excavation near border zones, which could facilitate cross-border smuggling and drone activity”.Advocate Vivek K Thakur told The Indian Express that despite a restraining order from the Punjab and Haryana High Court dated 29 August 2022, mining continues unabated in defiance of judicial directions. Furthermore, the mining activities extend into areas classified as ‘Gair Mumkin Janglat’ — forest lands protected under ecological norms – and central government-owned border lands that have been fraudulently claimed by individuals through forged revenue entries. The operations have also led to the destruction of public infrastructure, including 1 kV power lines and transformers, and have caused the felling of a significant number of trees, contributing further to environmental degradation. The stone crushers, despite the absence of naturally occurring rocky terrain, are using material extracted from agricultural and riverbed lands. These operations violate Rule 28 of the Punjab Minor Mineral Rules, 2013, which restrict excavation depth to 3 meters (1.5 meters where sand deposits are present). In contrast, current mining in some areas has gone as deep as 40-50 feet, causing the formation of artificial ponds, disruption of the water table, and increased risk of erosion and land collapse,” he said.Story continues below this adKaran Singh, in his application, alleged that “the extensive and ongoing mining operations are being carried out without the mandatory Environmental Clearance, in violation of applicable environmental laws and Supreme Court’s directions”.He added, “These illegal activities have caused irreversible damage to fertile agricultural land, disrupted natural drainage systems, led to land subsidence, and adversely impacted soil quality, water availability, and local biodiversity”.“The issues raised in this application pose a substantial question relating to the environment, encompassing land degradation, air and water pollution, destruction of forests, and violation of fundamental rights under Article 21 of the Constitution. Accordingly, the applicant seeks interim and final relief, including an immediate halt to all illegal mining operations, a fact-finding inquiry, environmental restoration, accountability of complicit officials, and formulation of a long-term strategy to prevent recurrence of such violations”, Advocate Thakur told The Indian Express.Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Punjab