Randhir Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** Date of Decision: February 10, 2022 Randhir Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

Coram:

Hon'ble Mr. Justice M.S. Ramachandra Rao Hon'ble Mr. Justice H.S. Madaan **** (THROUGH VIDEO CONFERENCING) ***

Present:

Mr. Aayush Gupta, Advocate for the petitioner. Mr. Pankaj Gupta, Addl. AG, Punjab.

Mr. SPS Aulakh, Advocate for respondent No.4. **** M.S. Ramachandra Rao, J. (Oral) Heard Sh. Aayush Gupta, counsel for the petitioner, and Sh.Pankaj Gupta, Addl. AG, Punjab.

The grievance of the petitioner in this writ petition is that illegal mining was being done in Village Dhanansu in District Ludhiana and the official respondents are not taking any action against the private respondent. On 07.01.2022, while issuing notice of motion, this Court had

directed the Deputy Commissioner, Ludhiana ( respondent No.2) to file a status report.

A status report with annexures has been filed by respondent No.2, stating that, on the spot inspection had been made by the committee comprising of S.D.O Drainage-cum-District Mining Officer, District Ludhiana (East), concerned ACP/DCP, concerned Block Development and Panchayat Officer, Ludhiana (East) and the Naib Tehsildar. On 21.01.2022 after inspecting the area in dispute, it was found that respondent No.4 was the owner of the land, and he was getting ordinary earth lifted from the said land through M/s EFCO Tech Infrastructure Pvt. Ltd., and the said activity is being done for filling purpose at the site for installation of new 400/220/66 KV Sub Station being undertaken by the Punjab State Transmission Corporation Ltd. for High Tech Cycle Valley Project in village Dhanansu.

It is also stated that the official from the mining department, who is part of the committee, informed that the concerned Company had taken permission for lifting ordinary earth from the land for filling at the place where new Sub Station of PSTCL is being built. Documents regarding permission were also shown to the committee by employees of the said company, who were present at the spot. There is also a finding that the said company is lifting only ordinary earth 2.5 feet deep in accordance to the terms and conditions of Mine Plan and Permissions, and the concerned Company is not lifting any sand from this land and only ordinary earth is being lifted after leaving the gap of 7.5 meter from the land of petitioner as per the terms and conditions of Mine Plan.

The allegations levelled by the petitioner about illegal mining

are categorically denied, and it is also stated that there is no danger to the land of the petitioner by the activity being done by the said company in the land of respondent No.4.

Having regard to these findings, we find no merit in the Writ Petition, and the same is accordingly dismissed. No costs.

(M.S. Ramachandra Rao) Judge (H.S. Madaan) Judge February 10, 2022 P.Singh Whether speaking/reasoned?

Yes/No Whether Reportable?

Yes/No