Concern expressed over failure of G&M Deptt, Police
Hefty fine fixed for release of seized vehicles
Mohinder Verma
JAMMU, Feb 11: Expressing serious concern over failure of the Geology and Mining Department and Police to check illegal mining and transportation of minor minerals from River Tawi without proper permission and challan, a Division Bench of the High Court comprising Chief Justice Pankaj Mithal and Justice Ali Mohammad Magrey has issued directions for mentioning the names of the involved officials of any of the department in the FIRs so that investigation may also be conducted with regard to their role.
Moreover, the Division Bench, while modifying its earlier order, has authorized the Magistrates to release the vehicles seized on the ground of illegal and unauthorized mining and fixed Rs 50,000 as fine for first time violation, Rs 1 lakh for second time violation and confiscation of vehicle till completion of investigation pursuant to the FIR or the proceedings on the complaint.
“Scores of miscellaneous applications are coming up before this court every day in relation to release of motor vehicles seized by the authorities on account of unauthorizedly carrying minor minerals allegedly without permission or challan from the competent authority”, the DB observed in Public Interest Litigations titled Dewakar Sharma and Another Versus State of J&K and Others and Ashish Sharma and Another Versus State of J&K and Others, adding “the illegal mining is ordinarily carried out from the river bed of Tawi which is said to be a life line for the city of Jammu”.
Vide order dated November 17, 2016, the DB, while observing that menace of extraction of minor minerals from the River Tawi was continuing unabated, had directed the Government to immediate stop this illegal practice. The DB had further asked the Senior Superintendent of Police Jammu to deploy some manpower to check illegal extraction and to seize the vehicles transporting the same without permission or challan from the concerned authorities.
It was also made clear that the vehicles seized for carrying/transporting minor minerals without permission or challan from the concerned authority shall not be released by any court or authority unless directed by the Division Bench.
Pointing towards Mines and Minerals (Development and Regulation) Act, 1957 and Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016, the DB said, “a vehicle carrying or transporting minor minerals without any lawful authority is liable to seizure and confiscation. In the event of first time violation and second time violation, the vehicle is liable to be released on recovery of price of mineral along with royalty and fine of Rs 10,000 or Rs 20,000 as the case may be whereas in respect of third time violation or more, the seized vehicle is liable to confiscation for a minimum of 30 days or more and an FIR is liable to be lodged”.
“Moreover, the Director or any other officer authorized by the Government not below the rank of Assistant Mineral Officer is obliged to lodge a complaint within three months of the commission of such an offence before the competent court”, the DB said, adding “in view of machinery provided under the Act and Rules, we fail to understand the justification for the applicants to come up before this court for release of vehicles except for the direction contained in order dated November 17, 2016”.
The DB further said, “we are also at a loss to understand why the Government is unable to control the menace of unauthorized mining from the river bed of Tawi and other similar places and despite seizure of large number of vehicles the crime is continuing unabated”.
Finding it imperative to modify the order dated November 17, 2016 in order to unburden the court from the task of dealing with such large number of applications for the release of vehicles, the DB directed that henceforth all applications for the release of vehicles on the ground of illegal or unauthorized mining shall be moved before the competent Magistrate who shall deal with all such applications independently on merits and may pass suitable orders.
“No such vehicle shall in the case of first time violation be released otherwise than realising a composite amount of Rs 50,000; in case of second time violation a composite amount of Rs 1 lakh and in the case of third time violation or more, confiscate the vehicle and may not release it unless the investigation pursuant to the FIR or the proceedings on the complaint is completed”, the DB said.
The DB further directed, “in the cases of third time or more violations, it shall be the responsibility of the officer concerned to lodge an FIR and it will be the duty of the Police to complete the investigation forthwith. It shall also be obligatory for the Director or any officer so authorised in this behalf to make a complaint in writing within time of the offence alleged to have been committed regarding the illegal or unauthorized mining before the Magistrate concerned”.
As Amicus Curiae Sunil Sethi assisted by Advocate Parimoksh Seth and some counsels for the other parties pointed out that there may be connivance of the officers of Department of Geology and Mining and the Police in allowing illegal activity of transporting minor minerals from the river bed without proper permission or challan, the DB said, “it is shameful if any such illegal activity is being permitted due to the connivance of the public officers”.
“We expect such practice to be stopped immediately and mandate that the department in lodging FIR and complaints against the person operating unauthorizedly would also name therein the officers of any of the department found to be prima facie involved so that investigation may also be conducted with regard to the role if any played by them”, the DB said.
The DB directed the Divisional Commissioner Jammu to submit monthly report on affidavit of a senior officer giving in a tabulation form the district-wise number of vehicles seized for unauthorizedly carrying minor minerals and those released by the Magistrates concerned and also to inform if any pubic officer is involved in abatement of such illegal activities.
Even Amicus Curiae was directed to come out with the suggestions in writing so that effective orders may be passed to check, control and stop all illegal mining of minor minerals within a week.
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