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2003 DIGILAW 679 (JHR)

A. K. Roy v. State Of Jharkhand

2003-06-17

P.K.BALASUBRAMANYAN, R.K.MERATHIA

body2003
ORDER 1. This writ petition filed by the President of a Labour Union, seeks the issue of a writ of certiorari to quash a public notice issued from the office of the Deputy Commissioner, Bokaro, on 20.1.2003 (Annexure-3) warning the trespassers, who are indulging in illegal mining activities in abandoned coal mines, that they are liable to be prosecuted and they alone will be responsible for any mishap that may occur in the abandoned coal mines and also disclaiming responsibility by the Bharat Coking Coal Limited, Central Coalields Limited, the Administration and the District Authorities for mishaps that may occur in the abandoned coal mines. The other prayers in the writ petition is for a direction to ensure that the Coal Mines Regulation, 1957 and the other relevant Regulations are strictly followed by the Coal Companies, who had abandoned the coal mines after the mining operations are completed by them and to direct the Director General of Mines Safety, who has been impleaded as a party-respondent, to ensure the enforcement of that Regulations strictly. 2. During the hearing of the writ petition, counsel though concentrated on Gouri Gram Open Cast Project (OCP), raised points of general importance regarding all mines, abandoned by the mining companies. The petitioner submitted that Clause 112 of the Coal Mines Regulations, 1957 related to the safety measures necessary to be adopted regarding mines. The allegation of the petitioner is that the mining companies while abandoning the mines, are not strictly following the mandate of Clause 112 and the Director General, Mines Safety, is not ensuring that the mining companies comply with the requirements of Clause 112 and adopt all requisite safety measures. As regard the particular mine, Gouri Gram Open Cast Project (COP), the petitioner asserts that no safety measures are taken by the Bharat Coking Coal Limited as envisaged by Clause 112. It has been submitted on behalf of the Director General, Mines Safety that he will ensure that the Mining Regulations are strictly followed by the Coal Companies. The Bharat Coking Coal limited has filed a counter affidavit sating therein that generally safety measures are adopted. With regard to Gouri Gram Open Cast Project, the measures have been adopted. In fact, even the Director General of Mines Safety was informed of the position by a separate communication. 3. The Bharat Coking Coal limited has filed a counter affidavit sating therein that generally safety measures are adopted. With regard to Gouri Gram Open Cast Project, the measures have been adopted. In fact, even the Director General of Mines Safety was informed of the position by a separate communication. 3. As regards the prayer to quash the public notice issued from the office of the Deputy Commissioner, Bokaro, we see no reason to do so, when the said notice only warns persons indulging in extracting coal illegally from the abandoned coal mines that they will be responsible for the consequences. In fact, the petitioner has not taken exception to the notice as a whole. The petitioner only takes exception to that part of the notice, whereby the coal companies disown responsibility for any mishap that may occur during the course of illegal mining. The case of the petitioner is that if the coal companies do not take requisite safety measures as per the Coal Mines Regulations, 1957, they will be responsible for any disaster that may occur in the abandoned coal mines. That position adopted by the petitioner may be correct. If the coal companies are not following the relevant Rules or the Regulation, the liability if any will not cease, merely because they have issued a notice like Annexure-3. It all depends on the facts and in the circumstances of a particular case, as to whether the requisite safety measures have been taken or not or whether the coal company concerned will be liable or not. Therefore, nothing turns on the notice (Annexure-3). We are, therefore, not satisfied that there is any reason to quash the notice (Annexure-3), either in part or in its entirety. 4. The petitioner is justified in submitting that the coal companies are bound to strictly implement the directives of the Coal Mines Regulations, 1957. While abandoning a mine, they are bound to comply with Clause 112. Though the submission of the petitioner that the coal companies are not complying with the directives of the Coal Mines Regulations, 1957, are denied by the. While abandoning a mine, they are bound to comply with Clause 112. Though the submission of the petitioner that the coal companies are not complying with the directives of the Coal Mines Regulations, 1957, are denied by the. Bharat Coking Coal Limited, the facts remain that the petitioner is entitled to say that there must be a direction to the coal companies to strictly comply with the Coal Mines Regulations, 1957, specially Clause 112 thereof, while abandoning a coal mine, Equally, the petitioner is entitled to point out that the Director General of Mines Safety is not taking adequate steps to ensure that the coal companies comply with the Coal Mines Regulations, 1957 and specially Clause 112 while a mine is being abandoned. Clearly, it is the duty of the Director General of Mines Safety to ensure that the coal companies while abandoning a coal mine takes the necessary precautions as contemplated by the statute. This duty has to be performed by the Director General of Mines Safety strictly as per the requirements of the relevant Regulations. 5. In this situation, we think that there should be a direction to the coal companies to strictly comply with the Coal Mines Regulations, 1957 and in particular Clause 112 thereof, while abandoning a mine, and a direction to the Director General of Mines Safety to ensure that the coal companies do adopt all the safety measures while abandoning a mine as directed by Clause 112. 6. In a given case, even if the coal companies follows Clause 112 wherein it is categorically provided that before a mine is abandoned or the working thereof discontinued, the coal companies shall cause the top or entrance of every shaft incline, or other opening into the mine to be fenced by a structure of a permanent character sufficiently effectively to prevent persons falling into or entering the same, in the public interest and in the interests of preventing illegal mining, accidents can occur. Such accidents in abandoned miens arise out of illegal and reckless entry of persons into them. In this situation, it is the plain duty of the State Government and the Director General of Mines Safety to ensure that illegal mining from abandoned coal mines is put an end to and a direction is liable to be issued to the State Government and the Director General of Mines Safety in that regard also. 7. In this situation, it is the plain duty of the State Government and the Director General of Mines Safety to ensure that illegal mining from abandoned coal mines is put an end to and a direction is liable to be issued to the State Government and the Director General of Mines Safety in that regard also. 7. In the light of the above facts, we allow this writ petition by directing the coal companies to ensure that the Coal Mines Regulations, 1957 are fully implemented by them and while abandoning coal miens and the requirements of Clause 112 are fully met, and direct the Director General of Mines Safety to ensure that the Coal Mines Regulations, 1957 are strictly implemented by the coal companies. The State and the Director General of Mines Safety are also directed to take stringent action against those, who are indulging in illegal mining operations. They are also directed to take steps to check whether the requirements of Clause 112 are fully satisfied before a mine is abandoned by the coal companies. We also direct the State of Jharkhand and the Director General of Mines Safety to take steps to prevent illegal mining of coal specially from abandoned coal mines and take appropriate action against those indulging in such illegal mining operation.