Dinesh Kumar vs State of H.P

The original application was registered on the basis of the letter petition dated 15.08.2022 sent by one Dinesh Kumar Village and Post Office Banor, Tehsil Ponta Sahib, District Sirmour, Himachal Pradesh, grievance has been raised against the operation of the Lime stone mines by one Jai Singh Thakur and Sons and Balbir Singh Shuparam in unscientific manner. It was alleged in the letter petition that the muck from the mines is damaging the vegetation and cracks have developed in the nearby land and the houses are under threat. There is also an allegation of illegal uprooting of trees by the machines.

Tribunal considering the allegations made in the letter petition, by order dated 03.03.2023 had constituted a joint Committee comprising of State PCB, DFO, representatives of Mining Department of the State and District Magistrate, Sirmour with a direction to the Committee to visit the site, collect relevant information and if find any violation, take appropriate remedial action, including preventive and punitive action.

The OA was disposed off by order dated 03.03.2023 with direction to the joint Committee to submit the report before the Registrar General and with the further direction to place the matter before the Bench.

The Present MA has been registered on the basis of report of joint Committee submitted before the Registrar General.

The joint Committee had carried out the inspection and has submitted the report dated 09.08.2023. The details of the mining lease of M/s. Bohar Lime Stone mines and M/s. Balbir Singh Shuparam have been disclosed in the report. The report reveals that view of the applicant has also been taken by the joint Committee and thereafter, the joint Committee has reached to the conclusion that there is apprehension of flow down of muck in case of flood in future, and that, the retaining structure constructed earlier are already piled up with mine waste. Therefore, the Committee has advised the leaseholders that the height of the retaining structure should be enhanced so that in case of further debris flow, debris shall not by rolled down into nearby lands.

The conclusions of the joint Committee are as under:

“1. Repair and maintenance work of retaining wall structures which has been initiated by the lessee of M/s Bohar Lime Stone mine of M/s Jai Singh Thakur & Sons should be completed within six months.

The overburden/ mine waste from mining activities stacked at the mining site shall be properly reacclimated. It was also advised by committee that some other private land may be identified for dumping site to stack the mine waste. This will also enhance the working area of the mine and probability or debris flow also reduced.

Assistant mining inspector, Rajpura is directed to monitor the progress of protection work on fort-nightly basis and submit report in this regard.

Complainant Sh. Dinesh Kumar has also given his nod to the observations of Sub-committee and has given written statement as no objection against mining activities and appeal to withdraw complaint made by him. The copy of statement given by complainant Sit. Dinesh Kumar is annexed herewith as Annexure-4.

The Joint Inspection Report is submitted for consideration please.”

Further action/recommendation of the joint committee as noted above needs to be complied with. The aforesaid two mine owners are also required to carry out appropriate plantation in the available nearby area to control the muck flow.

Hence, we dispose of the matter directing the Member Secretary, State PCB to ensure compliance of the above recommendation and file the action taken report.

The action taken report be filed within three months with the Registrar General of this Tribunal by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the matter will be listed before the Bench.

MA is accordingly disposed of.

A copy of this order be forwarded to Member Secretary, State PCB by e-mail for compliance.