VIJAY BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of (i) CWP No. 20134 of 2004 preferred by three Members of the District Bar Association, Panchkula, purportedly in 'public interest' with a prayer to give direction for investigation into the 'indiscriminate' and 'callous' mining operations in the lower Shivalik hills in District Panchkula, as well as (ii) CWP No. 4758 of 2008 M/s. Chandi Mandir Stone Crushers Consumers Company v. State of Haryana & Ors. challenging, clause 14 of the auction notice (Annexure P -5) and/or alternatively to direct the State of Haryana to obtain 'Prior Environmental Clearance' from the Govt. of India in terms of the notification dated 14.9.2006 (Annexure P -2) and to conduct auction of mining rights of the quarries thereafter only. The 'auction notice' (Annexure P -5) to the extent it entails pre -payment of 25% of the total bid amount at the fall of the hammer irrespective of refusal or grant of the 'Environmental Clearance', has also been impugned.

(2.) TO appreciate the nature of controversy, the brief facts of both the cases are being referred to separately. In the PIL (CWP No. 20134 of 2004), the petitioners, inter -alia, have averred that the lower Shivalik ranges falling within the Districts of Panchkula, Ambala and Yamuna Nagar are drained by a number of non -perennial streams. Keeping the physical features of such like region in view that the Punjab Land Preservation Act, 1900 (in short the PLPA) was enacted to empower the State Govt. to notify the areas for 'conservation of sub -soil water and the prevention of erosion'. While Section 3 of the PLPA enables the State Govt. to notify the area(s) for issuance of directions to provide for the 'conservation of sub -soil water' and 'prevention of erosion', Section 4 empowers it to "regulate, restrict or prohibit by general or special order", the quarrying of the stone, or the burning of the lime; the cutting of trees or timber or collection, removal or subjection to any manufacturing process of any forest products; setting the trees, timber or forest produce on fire, etc.

(3.) THE petitioners have referred to a report dated 31.8.2000 submitted by the Committee comprising the Sub Divisional Officer (Civil), Kalka, the Divisional Forest Officer, Morni, the Divisional Forest Officer, Kandi Project and the Mining Officer, Panchkula. The Committee which was constituted to conduct survey and submit report on the feasible areas for mining purposes, identified that three types of minor minerals, namely, boulders, bazri and sand were available in District Panchkula in different river beds and areas abutting thereto. The Committee went to each site of quarrying to find out the impact of restrictions imposed by the State Govt. in the mining permits or those notified by the Forest Department and noticed that with the passage of time, the quarrying of these minor minerals has begun posing a grave threat to the ecological balance of the area. It thereafter recommended that -(a) instead of giving mining contracts on revenue estate basis, the mining area should be demarcated by specifying the khasra numbers to minimize the illegal mining; (b) the quarries should be clubbed together by formation of feasible zones; (c) mining near the forest area and the foot -hills should be restricted to a reasonable distance to ensure safety of these areas; (d) the manpower in the Mining Office at Panchkula should be suitably increased; (e) the mining, however, should not be altogether banned as the raw materials for construction, namely, boulders, bazri and sand get replenished every time it rains and if there is no licenced mining, it would lead to illegal mining of these materials; and (f) two police personnel should be deployed with the mining staff for effective enforcement and to check unauthorized extraction of minerals in the District.