High Court of Punjab and HaryanaCWP/12926/2021dismissed

Joginder Singh v. State Of Haryana And Others

2021-07-26Mr. Justice Ajay Tewari7 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 26/7/2021

...... Petitioner versus State of Haryana & ors.

...... Respondents

*** Present :

*** AJAY TEWARI, J.

This petition has been filed against the orders dated 04.09.2020 (Annexure P-1), 20.12.2019 (Annexure P-2) and 23.01.2020 (Annexure P-3).

The brief facts are that the petitioner had obtained a licence for mining on 44.62 hectares in Gumthala North Block/YNR B-16,Yamuna Nagar. A report was received from the Comptroller and Auditor General of India (CAG) for the year ending 31.03.2018 observing that the petitioner had been undertaking these mining operations outside the contract area to the extent of 9.30 hectares. To verify this the area excavated by the

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petitioner was got demarcated afresh. On 4th and 5th December, 2019 on reaching the site, it was found that no boundary pillars had been installed by the petitioner whereas as per law each of the boundary pillars had to be numbered and every pillar should have GPS reading. At that time the representative of the petitioner tried to claim that the pillars had got washed away during the rainy season but he failed to explain why there were no pillars on western side of the contract area, where no water stream was flowing and why the pillars after receding of water were not re-installed. In the absence of pillars the team located the reference point (02 points) as per following :- Point Khasra Details Co-ordinates I 115//5 (NW Corner) and 115//4 (NE corner) [GPS N 29°56'57.680" E77°12'32.

665"] II 123//7 (NW Corner) and 123//8 (NE corner) [GPS N 29°56'45.656" E77°12'30.419"] It was found that no mining operations were conducted in the contracted area but the petitioner was found to be actually working in the area outside the contracted area (using the GPS co-ordinates in the absence of pillars). It was worked out that the illegally mined area was 9.30 hectares (as mentioned above) and excavation was undertaken ranging between 1 meter to 1.5 meters. Ultimately, the following direction was given by the Director General, Mines and Geology, Haryana :- "15.

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pillars as per provisions of Rule 7(91)[i] of the State Rules, 2012 is a beach of compliance of the conditions of the grant and undertaken mining beyond contracted area due said breech. Keeping in view that till such time all boundary pillars are put in place and dully verified, the possibility of illegal mining (irreversible breach) cannot be ruled out. Accordingly, in exercise of powers under Rule 74 (2)[i] of the State Rules, 2012, the mining operations and dispatch of mineral from the concession area are ordered to be suspended. It is also ordered that you shall be holding the inventory of stocks, if any, which shall assessed by the Mining Officer, Yamanunagar, till such time the suspension order is revoked.

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Further, you are hereby served with Show Cause Notice to show cause as to why your mining contract in village "Gumthala North Block/ YNR B-16" of district Yamunanagar be not prematurely terminated with forfeiture of full amount of security on account of for undertaking mining operation beyond/outside your contract area to the extent of 9.30 hectares under the garb of mining contract granted in your favour. You are directed to submit reply to the Show Cause Notice within a period of 15 days positively failing which action for termination of mining contract with forfeiture of full amount of security on account will be initiated without giving further notice. "

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Since the main case has been decided, the pending miscellaneous application, if any, also stands disposed of.

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