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2018 DIGILAW 437 (JHR)

Court on its own motion v. State of Jharkhand

2018-02-20

APARESH KUMAR SINGH, RATNAKER BHENGRA

body2018
ORDER : 1. Pursuant to our order dated 06.02.2018, Mr. Sunil Kumar Burnwal, Secretary, Industry, Mines & Geology, Government of Jharkhand, Ranchi; Mr. A.K.Rastogi, Special Secretary, Forest, Environment & Climate Change, Government of Jharkhand; Mr. Rajeev Lochan Bakshi, Member Secretary, Jharkhand State Pollution Control Board and Mr. A.B. Sidiqque, Mines Commissioner, Jharkhand, Ranchi are present. 2. There were 3/4 serious concerns on which we sought presence of these Officials as it appeared that the progress in the matter has become sluggish. They are inter alia as follows:- (a) The need of laying down uniform guidelines for preparation of D.S.R of minor minerals other than sand, in the light of the notification dated 16.01.2016. (b) Apparent delay in preparation of District Survey Report ( DSR) in respect of sand by the District authorities of the respective Districts, despite reminders sent by the Directorate of Mines. (c) The recurrent rather increasing trend of illegal mining reported in the last year from various districts, action required to be taken to check them as also to launch prosecution, recovery of fines etc in that regard. (d) The role of the State Pollution Control Board in ensuring that terms and conditions for grant of consent to operate to such lessees are duly complied with and violation, if any, are promptly checked. 3. An affidavit has been filed by the Ministry of Environment, Forest and Climate Change (MOEF & CC), Government of India in response to our order dated 15.01.2018. On the first aspect of the matter, the affidavit reiterates that Appendix-X to the notification dated 15.01.2016 lays down the format for preparation of D.S.R of not only sand but also other minor minerals, but it completely falls short of providing any reason in support of such stand. We need not extract Appendix-X as it is well within the knowledge of its author MoEF &CC, Government of India. A bare perusal thereof, prima facie makes it clear that it relates to preparation of D.S.R of sand and Bajri. Most of the columns under Appendix-X only support the aforesaid inference. 4. We need not extract Appendix-X as it is well within the knowledge of its author MoEF &CC, Government of India. A bare perusal thereof, prima facie makes it clear that it relates to preparation of D.S.R of sand and Bajri. Most of the columns under Appendix-X only support the aforesaid inference. 4. It need not be highlighted that preparation of D.S.R of minor minerals other than sand are of extreme importance, both for the purposes of providing complete data and details regarding the existence of known reserves of such minor minerals with each districts but also for the purpose of taking decision in relation to its exploitation in the light of the salutary principles of sustainable development and inter generational equity. When confronted on these aspects, learned A.S.G.I has sought more time to deliberate with the officials of the Ministry and come out with their comprehensive stand in the matter. It goes without saying that MoEF& CC, Government of India being the author of the notification are always within their rights to lay down appropriate format for preparation of D.S.R for minor minerals other than sand, if the present guidelines / format are insufficient. However, this exercise should not brook any delay for the reasons already indicated herein above. 5. The State of Jharkhand has embarked upon a comprehensive exercise for preparation of D.S.R of minor minerals in the larger interest of sustainable development and conservation of Environment. Therefore, sooner the D.S.R.s' are prepared, the better. 6. Moving on to next aspect noted above, it has been informed by learned Advocate General on the instruction of the Secretary, Department of Industry, Mines & Geology, Government of Jharkhand that D.S.R. in respect of sand for most of the districts have been furnished to the Directorate of Mines and Geology, Government of Jharkhand, except Khunti and Gumla. Once the D.S.R submitted by the district authorities of the respective Districts are finalized by the Directorate, it would be a complete document on the basis of which decisions relating to environmental clearance and grant of lease of minor mineral sand would be taken in such districts. Learned Advocate General has further informed that care would be taken to ensure that uniform guidelines are laid down for the said purpose by the appropriate authorities. 7. Learned Advocate General has further informed that care would be taken to ensure that uniform guidelines are laid down for the said purpose by the appropriate authorities. 7. With regard to the third issue relating to recurrent rather increasing trend of illegal mining of minor minerals in the State, we have been informed that apart from strictly monitoring the performance of District Task Force constituted for the said purpose, the whole process of regulation and prohibition of illegal mining is being made more technology based. The preparation towards that are in full swing and would be operational by the month of June this year. The coordinates of mining lease are to be fed in G.P.S systems and linked with the satellite. In fact, even the vehicle used for transportation of minor minerals are also to be registered under the Jharkhand Integrated Mines and Mineral Management System. Those vehicles have to be equipped with G.P.S devices. 8. We may however also point out that the incidences of illegal mining and transportation are often reported from areas where there are no valid lease. These comparatively large areas where illegal mining is rampant also need to be strictly dealt with. We have been informed that penalty double the price of extracted mineral beyond the permissible limit are being imposed by the authorized officials on the seizures being made by the District Task Force. 9. Learned Amicus Curiae has however at the same time pointed out that imposition of penalty in itself does not absolve the person concerned of the liability of criminal prosecution, confiscation of seized vehicle etc. in terms of the M.M.D.R Act , Environment Protection Act and other such ancillary legislation/ rules. The seized minerals are also to be auctioned in a fair and transparent manner to fetch revenue so that the damage to the environment is undone. 10. Learned Advocate General has assured us that this aspect would also be taken care of by the Department and duly brought to the notice of the Court on the next date. 11. Coming to the last issue on the subject noted above, learned counsel representing Jharkhand State Pollution Control Board has submitted that an Official of the Pollution Control Board is a member of the District Task Force entrusted with the responsibility of checking illegal mining. 11. Coming to the last issue on the subject noted above, learned counsel representing Jharkhand State Pollution Control Board has submitted that an Official of the Pollution Control Board is a member of the District Task Force entrusted with the responsibility of checking illegal mining. The Task Force meets every month and springs into action on any information received otherwise also, relating to illegal mining. 12. We however expect much more regulatory control on the part of the State Pollution Control Board in matters relating to regulation and prevention of illegal mining within the State. It is not only a loss to the State exchequer but degradation of environment itself which should be prevented at all cost. 13. Other germane issues have been deliberated today in the presence of the Officials of the State from the respective Departments. The Secretary, Mines has informed us that the file relating to the Draft Minor Mineral Policy is presently before the Finance Department for its vetting whereafter it would be placed for approval of the Council of Ministers. Once it is approved the same shall be notified. We hope and trust that the Respondents would expedite the process of finalization of D.S.R.s. At the same time the uncertainty relating to the format of D.S.R for minor minerals other than sand would also be resolved at the earliest. We also expect the authorities to take more proactive steps on the incidences of illegal mining within the State and as may be required, launch prosecution and confiscation proceedings against such offenders. 14. Since appropriate response on the vital issue of adequate format for preparation of D.S.R for minor minerals other than sand is required urgently, we post the matter after 3 weeks on 15th March, 2018 as unfixed case. Presence of Officials of the respective Departments are dispensed with. Let a copy of this order be handed over to learned A.S.G.I, learned Advocate General, learned counsel for the State Pollution Control Board and learned Amicus Curiae. Ordered accordingly.