SUBHASH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Petitioner - a journalist has approached this Court with the allegation that "the protectors of the national wealth have joined hands with the predators and the loot of minerals is going on unabated". According to him, the eighth respondent is a Cabinet Minister in the State of Haryana. He belongs to District Faridabad and is known as "the mining king and controls the mining mafia ...." In connivance with "the officials of the Mining Department, Local Administration etc, he is continuously indulging in illegal mining in the entire District Faridabad and more particularly in the area which is popularly known as 'Ishq Mandi' comprising of Khasra No. 46 of Village Anangpur and Khasra No 15 of Village Ankhir". He further alleges that the area is rich in Silica sand. Respondent No.8 has set up more than 20 mini crushers. He possesses excavators, dumpers, motor tractors and drilling machines besides a fleet of trucks under the name of K.T.C. The said machines are being operated day and night. The minerals in crushed form are loaded in dumpers and taken away. Part of these are also transported to his crushers namely Mohan Mines (P) Limited and Meera Stones. To support this submission, the petitioner has produced certain photographs which has allegedly been taken on October 13, 2000. He has also referred to certain newspaper reports which had appeared in the Press in support of his allegations. It is alleged that "the officers of the Mining Department and the Local Administration have taken no steps whatsoever to stop the illegal mining". He further alleges that respondent No. 9 is a close associate of respondent No. 8. The 9th respondent is holding the adjoining quarry of Badkhal. The two respondents are "in connivance with each other illegally mining, storing and stacking the minerals which are illegally extracted .......and are sharing the booty without payment of royalty and tax to the State". On these premises, the petitioner prays that a writ in the nature of mandamus be issued directing the respondent-authorities to take immediate steps to stop the illegal extraction. He also prays that such other action as may be deemed proper in the circumstances of the case be taken.

(2.) This petition was posted for preliminary hearing before a Bench of this Court of which one of us (Jawahar Lal Gupta, J) was a member on October 19,2000. At the request of the counsel for the petitioner, Mr. R. S. Bains , an Advocate of this Court was appointed as the Local Commissioner to visit the site and submit a report. The case was adjourned to November 2, 2000. After the receipt of the report, it was directed that notice of motion shall issue for November 16, 2000.

(3.) In response to the notice, separate written statements have been filed on behalf on some of the respondents. On behalf of respondent Nos.1, 3, 4 and 5, a written statement was filed by Mr. S. N. Roy, Director, Mines and Geology, Haryana. Respondent No. 6 - the Director of Mines Safety, Ghaziabad Region also filed a reply. Written statements have also been filed by respondent Nos. 7, 8 and 9. The claim made by the petitioner has been controverted.