Excelsior Correspondent
SRINAGAR, Sept 2: Chief Justice Gita Mittal directed the Department of Mines Government of India to deposit the penalty of Rs 25, 000 imposed on it due to failure of filing of response to the plea on safety and protection of mining sites in the J&K and Ladakh.
Union Counsel while entering his appearance on behalf of the Mining Department submitted that he has filed two affidavits, one on behalf of Director General of Mines Safety, Government of India, & Director of Mines Safety, U.P and second on behalf of Regional Controller of Mines, Indian Bureau of Mines Utrakhand.
Court directed him to furnish copy of these affidavits to petitioner counsel within one week in order to respond these affidavits by next date. Meantime, court directed these officials to deposit the costs as imposed on them before the next date of hearing in the matter.
The costs were imposed on these officials for failing to file their response to the PIL despite granting opportunities. Neither counter affidavit was filed nor costs as imposed were deposited which constrained the court to directed these officials to deposit the penalty amount before the court.
The report with regard to present position of mining sites in both UTS, court observed the Government seems to be unable to inform the court as to what steps have been taken and are being taken to follow the rules and regulations during extraction of minerals from these sites.
Counsel representing in the PIL submitted before the court that the authorities particularly Commissioner Secretary Industries & Commerce Department as also Director Geology & Mining have ignored the objective of supervision and inspection of the mining activities in both UTs which has adversely affected the landscape of the J&K and has caused heavy loss of lives, property and has adversely affected the environment besides polluting air, water and soil.
Court had directed the Government to furnish the details to the court with regard to safety measures taken for the safety of the mines, mine workers and the mining property in the state.
It is in terms previous order, the Government was asked to file the affidavit with regard to implementation of existing safety measures as provided under the Mines and Minerals (Development and Regulation) Act and the Rules.
However after perusal of the affidavit filed by the authorities, court said, it does not disclose the safety measures as was directed but talks of the rules and the laws on the subject.
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