Director Mining gives another chance instead of taking action
Mohinder Verma
JAMMU, Nov 25: Not only hundreds of brick kilns even all the stone crushers and hot/wet mix plants are operating illegally in the length and breadth of Jammu and Kashmir right under the nose of concerned authorities thereby contributing to the environment pollution, which otherwise has already assumed alarming proportion in major parts of the State.
Official sources told EXCELSIOR that till recent past there were no comprehensive rules for registration and operation of stone crushers and hot/wet mix plants in Jammu and Kashmir and they were being allowed to operate by the Geology and Mining Department only on obtaining No-Objection Certificates (NOCs) from certain departments.
In the year 2015, the Government issued guidelines for registration and operation of stone crushers and hot/wet mix plants vide Order No.104-IND dated July 14, 2015. Through this order NOCs from some more departments were made mandatory for operation of stone crushers and hot/wet mix plants. However, no attention was paid towards framing of rules under Mines and Minerals (Development and Regulation) Act, 1957 (Central Act) despite having sufficient powers in this regard.
Last year, the Geology and Mining Department woke up from several years long deep slumber and set into motion the process of framing of rules as mandated under Section 15 and Section 23C of the Mines and Minerals (Development and Regulation) Act, 1957.
Finally, State Government notified J&K Minor Mineral Exploitation and Processing Rules, 2017 vide SRO-302 dated July 19, 2017 for regulation of minor mineral based units/stone crushers and hot/wet mix plants where under a license from Directorate of Geology and Mining for establishing/operating these plants has been made mandatory.
Accordingly, all unit holders were asked to obtain license under rules within the stipulated time. The Directorate of Geology and Mining vide Letter No.449/MCC/DGM/MME&PR/17/2699-2700 dated July 28, 2017 issued directions to the Regional Offices that the operation/functioning of all minor mineral based units like crushers and hot/wet mixing plants, marble and granite cutting/polishing/POP etc units shall be strictly regulated under these rules.
As there was no response from any of the units, the Directorate of Geology and Mining vide Letter No.449/MCC/DGM/MME&PR/17/3512-13 dated August 22, 2017 again issued directions to the Regional Offices that every operational minor mineral based plant shall obtain license within the stipulated time as notified vide SRO-302 dated July 19, 2017.
“Shockingly, none of the unit holder has so far come forward to obtain license till date and all the units around 600 in number are operating illegally across J&K”, sources said, adding “it is a matter of serious concern that Regional Offices of Geology and Mining Department are soft-paddling on the enforcement of rules”.
The SRO-302 clearly states: “An existing minor mineral exploitation unit/plant/crusher shall be given license for a period of five years and shall be allowed to operate after the commencement of these rules provided that the unit holder has obtained all clearances applicable before the commencement of these rules and applies for fresh license within a period of two months from the commencement of these rules”.
The mandatory two months period was expired on September 19, 2017 but there was no compliance to the rules from the unit holders as such they are operating illegally during the past over two months, sources said. However, the concerned authorities of the Geology and Mining Department have not taken any action against the unit holders despite having sufficient powers under the rules.
Now, the Directorate of Geology and Mining vide Order No.449/MCC/DGM/MME&PR/17/5314-63 dated November 21, 2017 has simply given final opportunity to all the existing minor minerals based units/stone crushers and hot/wet mix plants to apply and obtain the license under rules by or before December 31, 2017 failing which operation/functioning of all such units shall not be allowed and action under law shall be initiated against the defaulters.
It is worthwhile to mention here that under J&K Minor Mineral Exploitation and Processing Rules, 2017 no minor mineral based unit/plant/crusher shall be established on agricultural, grazing, Shamliat, Khahcharai and forest land; within the prohibited wildlife and reserved forest area limits; up to 100 meters from the National Highway in plain areas; up to 50 meters from National Highway in sub-mountain areas; up to 50 meters from State Highway and other district roads in plains; up to 50 meters from highway and other roads in sub-mountainous areas; up to one kilometer from Jammu/Srinagar municipal limits; up to one kilometer from major district headquarter; up to 500 meters from nearest residential area; up to one kilometer from cantonment area and up to two kilometers from hospital, nursing home and health centre.
Moreover, there is bar on setting up of such a unit within one kilometer from approved water supply scheme of 20 kilo liter; within one kilometer from notified birds or other sanctuaries/national park; within one kilometer from any tourist complex/resort and within one kilometer from educational institution.
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