Excelsior Correspondent
Srinagar, Nov 25: As the Regional Controller of Mines, Indian Bureau of Mines has informed the Court about the violations taking place on mining sites in both UTs of J&K and Ladakh, High Court has directed the Government of J&K to examine the violations and take action accordingly.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta directed the Commissioner Secretary Industries and Commerce Department to take action against the violations.
“Let a copy of the response filed by the Regional Controller of Mines, Indian Bureau of Mines be made available and served upon the Commissioner/ Secretary to Government, Industries and Commerce Department, Jammu & Kashmir as well as Sr. AAG, who shall have the same examined by the Commissioner/ Secretary to Government, J&K Industries and Commerce Department”, DB said and sought Action Taken Reports regarding the compliances.
Regional Controller of Mines, Indian Bureau of Mines, has admitted the violations in the reply which has been submitted before the court. The report reveals that the mines are regularly examined for the compliance towards various provisions which includes non-adherence of proposals contained in the approved ruining plan of the Mineral Conservation and Development Rules, the rules framed under section 18 of MMDR Act I957.
It is said in the report that where non-compliances are observed statutory actions are initiated by pointing out violations through violation letters against the defaulter mining lease holders and taken upto its logical end as per laid down procedure and during the last four years 257 rules were found violated at 34 mining lease instances.
“As a result mining operations at 15 mines were suspended by the office under reply. These suspensions orders are endorsed to the State Government with a request not to issue transport slip of mineral till suspension is revoked by the office under reply”, reads the reply.
It is further added that the copy of suspension order is although also endorsed invariably to concerned Deputy Commissioner and the list of such mines where operations have been suspended was placed before the court.
“Further during the review of mining plans non-compliance of mining plan proposals were found at 14 mines, accordingly, letters were sent to State Government for initiating penal action against those 14 mine lessees where non-compliance of mining plan proposals were observed”, reply further reveals.
It is vide letter dated 18.04.2020, the office of Regional Controller of Mines, Indian Bureau of Mines has issued letter to Government department to initiate appropriate action as per provisions of Act and/or Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 against non-responsive mines (non-responsive towards violations of MCDR even after issue or Show cause notices, suspension orders).”
Court has made it clear that if there is any violation of any statutory provisions, the respondents shall take action in accordance with law and the rules governing the field and directed for sending the order copy to the concerned authorities in order to ensure compliance of court orders.
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