Kanwaljit Singh Ahluwalia, J.@mdashPresent writ petition has been instituted, purportedly in public interest with a prayer that the respondent Mining Officer, Department of Industries, Pathankot, District Gurdaspur should initiate action against all those persons, including respondent No. 4, who are indulging in mining activity in the prohibited areas of villages Chhatwal, Barsoon, Mamoon and Sailikulian, Tehsil Pathankot, District Gurdaspur.
2. In the writ petition, it has been averred that the petitioners are resident of village Mamoon and have relied upon Jamabandi (Annexure P-1) to state that they are co-sharers in the land, which fall in the revenue estate of Chakki Khud. It is further stated that this land is rich with minor minerals having huge reserves. The grievance of the petitioners is that certain owners of Stone Crushers are extracting the minerals from the land situated in village Mamoon, Chhatwal, Barsoon and Sailikulian falling in Tehsil Pathankot, District Gurdaspur. To fortify this submission, reliance has been placed on Notification issued by the Government of Punjab on 4th September, 1989, whereby a complete ban has been imposed for carrying mining activity in the area falling within the jurisdiction of the above said villages. Copy of the Notification dated 4th September, 1989 has been annexed as Annexure P-2. The petitioners have pleaded that owners of Stone Crushers in the States of Himachal Pradesh and Punjab situated near the vicinity of these villages, in connivance with the officials of the Mining Department, are extracting the minerals, even though Notification (Annexure P-2) prescribes complete prohibition to any kind of mining activity. To support this contention, counsel for the petitioners has relied upon various photographs, which have been annexed as Annexure P-3. It is further the case of the petitioners that they had made representation (Annexure P-4) but the respondent authorities had taken no action.
3. Notice of motion was issued. Respondent State has filed its response to the writ petition by way of affidavit of Daljit S. Sidhu, General Manager, District Industries Centre Batala, District Gurdaspur holding additional charge of Mining Officer. It is stated therein that there is a complete ban on extraction of minerals from the land falling in villages mentioned by the petitioners. According to respondent, no illegal extraction of minor minerals has been noticed in the area. The Mining Department is coordinating with the Irrigation and the Police Department so that a vigil is kept and nobody is allowed to extract minerals. According to the respondent, Irrigation Department and Police Department have reported that no such illegal digging of the land or Khad has taken place. The affidavit further states that strict instructions have been issued to the Police to register case u/s 379 IPC against any person, who is found carrying on mining activity. Respondents have relied upon Annexure P-2, a communication dated 27th April, 2007 received from the Station House Officer, Police Station Shahpur Kandi, wherein it was intimated "that illegal extraction of minor mineral was checked secretly and openly but no one was found extracting the minor mineral illegally."
4. The State Government has taken a stand that to check the illegal mining, a District Level Task Force Committee has been constituted under the Chairmanship of the Deputy Commissioner with the Senior Superintendent of Police and the Mining Officer as Executive Members. The said Committee reviews the matters regarding illegal mining in the area on quarterly basis and the last meeting was held on 9th April, 2009. The surveillance of the area has been stepped up and in April 2009, six FIRs were registered against the persons, who were indulging in mining activity. Specific complaint of the petitioners made against Laxmi Stone Crusher, respondent No. 5, was also enquired into. A team consisting of the Senior Industrial Promotion Officer and the Mining Guard was deputed on 16th April, 2009, which found that Sukhdev Sharma, an employee of respondent No. 5 Laxmi Stone Crusher, was extracting minor minerals illegally. A report was sent to the Station House Officer, Mamoon Cantt. Tehsil Pathankot, on the basis of which, FIR has been registered. Surprise raid was also conducted on 5th April, 2009, thereafter a show-cause notice was also issued to respondent No. 5 Laxmi Stone Crusher, to explain the source of the stock of stoned material. A reply to the show-cause notice was received, wherein the respondent No. 5 Laxmi Stone Crusher has made an attempt to justify that the stoned material was brought from Bhadroya quarry and the documents in support thereof were also submitted. However, further action has been initiated under Rule 54-C (5) of Punjab Minor Mineral Concession Rules, 1964. The office of Mining Officer, Pathankot statedly is keeping a watchful eye on the activities of respondent No. 5 Laxmi Stone Crusher, Mamoon.
5. From the pleadings made in the present writ petition and the arguments raised by the counsel for the parties, we are of the view that respondents are taking all necessary steps to enforce ban on mining notified in the six villages mentioned in the present writ petition. The District Level Task Force Committee, under the chairmanship of the Deputy Commissioner, is seized of the matter and is reviewing the situation to prevent illegal mining. The Mining Department has ensured necessary coordination with the Irrigation and the Police Department to keep necessary vigil and carry on surveillance of the area. Those persons, who had illegally extracted minerals, have been brought to book by registering six FIRs.
6. In view of the facts and circumstances of the case, enumerated above, we are of the view that present writ petition can be disposed off by giving following directions:
(i) The District Level Task Force Committee, headed by the Deputy Commissioner, shall continue to hold periodic quarterly meetings to ensure that complete prohibition imposed regarding mining in the area specified in Tehsil Pathankot, District Gurdaspur is given effect to in the letter and the spirit;
(ii) The officials of the Mining, Irrigation and Police Department shall carry strict surveillance and shall remain vigilant to prevent any extraction of the minerals;
(iii) Criminal action shall be initiated against any person, who is found extracting minor minerals from the area, where a complete ban is in force;
(iv) The persons, against whom criminal cases have been registered, prosecution of the case shall be taken to the logical conclusion;
(v) Needless to say, the officials shall keep themselves acquainted about the ground realities and shall continue to monitor and act, as per requirements of law.
