SATYAWAN Vs. STATE OF HARYANA & ORS.

JUDGEMENT

(1.) Prima facie, it appears that in brazen violation of the time concession granted by Hon'ble Supreme Court, the fourth respondent is indulging in massive mining apparently far in excess to the limits and norms imposed in terms of the cancelled licence. The heaps of extracted minerals which are looking like manmade mountains as depicted in the photographs appended with the writ petition reveal the great hurry behind extracting maximum raw material before expiry of the deadline on 30.12017. Not only the huge stock but there are hundreds of trucks deployed for transportation of the extracted material, obviously within the full knowledge and tacit support of Officers of the Mining Department. From the allegations made by the petitioner who is present in Court, it is further revealed that the affected owners whose lands have been used for stocking the material have not been paid their dues and the fourth respondent is in a great hurry to remove the extracted minerals from the site and to disappear from the scene, leaving the owners in high and dry. It is also not known whether the 4th respondent has paid the Govt. dues, royalty and other taxes including the huge expenditure to be incurred on the leveling of the area where over hundreds of feet ditches have been created. To meet with the urgent situation, we are constrained to direct the (i) Principal Secretary, Mining Department, Haryana; (ii) Director, Mining, Haryana; (iii) Deputy Commissioner, Bhiwani; (iv) Senior Superintendent of Police, Bhiwani; and (v) Mining Officer of the area concerned to ensure that no miner mineral is allowed to be removed by respondent No.4 from the site forthwith till the issues raised in the writ petition re: non-payment of compensation and other dues or of indulging in illegal and unauthorized mining and misuse of the land of adjoining owners are settled by this Court.

(2.) The Deputy Commissioner, Bhiwani and the Senior Superintendent of Police, Bhiwani are directed to deploy the police force and one Duty Magistrate to monitor the minerals stocked by respondent No.4 and not to allow such material to be removed from the site. Ld.Advocate General assures to communicate this order to the concerned quarters telephonically. It needs no special emphasis that any defiance of these directions will lead to suo motu contempt of court proceedings against the erring officers.

(3.) The State Government is directed to inform the Court the pending dues recoverable from respondent No.4 including royalty and other charges.