The Nationwide Inexperienced Tribunal (NGT) has directed the involved division of the Punjab authorities chargeable for in accordance permissions for mining together with the Punjab Air pollution Management Board (PPCB) to obviously point out and guarantee implementation of all tech mechanisms required for monitoring and enforcement of legal guidelines related to unlawful mining and take steps to examine unlawful mining.
The Division of Mining and Geology and PPCB have additionally been directed by the NGT to file a report indicating the varied tech mechanisms which have been put in place together with the workers who’ve been assigned for this particular goal together with infrastructure services supplied, earlier than the Registrar Basic of this Tribunal inside three months by e-mail.
The Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr A. Senthil Vel disposed of a suo motu utility registered on the premise of the information merchandise showing in newspaper dated 31.01.2024.
The matter pertains to rampant unlawful mining in Punjab and the failure of Punjab Authorities and its businesses to make use of tech mechanisms to detect and examine unlawful mining within the State.
The information merchandise additionally reveals that the Punjab Authorities has issued the Punjab State Sand and Gravel Mining Coverage, 2018 which requires geo-tagging, geo-fencing, digital surveillance and such expertise. Nonetheless, these mechanisms usually are not used to detect unlawful mining.
The information merchandise additionally mentions the observations made by the Controller and Auditor Basic of India which has identified the failure of the Punjab Authorities to make use of such expertise to examine unlawful mining.
On this regard, a response was sought from the State of Punjab by the Chief Secretary, Punjab Air pollution Management Board, DC/DM Amritsar, Kapurthala and Faridkot.
The responses have been filed by the DC Kapurthala, DC Faridkot, PPCB and Mines Geology Division of Punjab and State of Punjab. These responses have been examined.
The counsel on behalf of the State Authorities talked about that the authorised mining websites have been geo tagged and geo fenced by conducting a differential international positioning system (DGPS) Survey of Mines situated within the State of Punjab as per the Punjab State Minor Mineral Coverage, 2023. The coordinates of all nook factors of the mine space are captured and positioned within the public area within the type of KML file.
It was additionally talked about that the Division of Mines and Geology is taking a number of measures to forestall unlawful mining with expertise.
The counsel supplied Punjab State Sand and Gravel Mining Coverage 2018 and as per the coverage the State is required to put in numerous tech mechanisms comparable to Punjab Sand Portal, funds and transactions to be made on-line, monitoring on real-time foundation, digital documentation restriction of autos, set up of weighbridges, weigh slips, geo tagging and so forth. Additional, the counsel additionally mentions the implementation of the Punjab State Minor Mineral Coverage, 2023 which additionally operates parallel.
The counsel for the State of Punjab couldn’t point out the Bench the checklist of technological measures which have been adopted by the involved Division for the aim of enforcement and monitoring of the Punjab State Minor Mineral Coverage, 2023 and Punjab State Sand and Gravel Mining Coverage, 2018.
With regard to the environmental points in regards to the mining together with checking unlawful mining, the counsel for Punjab State Air pollution Management Board knowledgeable that every one procedures laid down within the EIA Notification, 2006 are adopted for allowing mining and the Air pollution Management Board points consents for such authorized mining. With regard to unlawful mining, environmental compensation is imposed as per norms. The counsel for the PCB supplied a pattern Consent to Function issued to a selected mine on 20.10.2023 by the PCB. On examination of the mentioned pattern consent, it’s noticed that beneath particular situations one merchandise has been included which reads as follows:-
“7. The challenge proponent shall make sure the compliance of provisions of Punjab Minor Mineral Guidelines, 2013 or any Guidelines/Acts referring to the mining of minor minerals”.
“Mere incorporation of the above situation with out specifying numerous statutory necessities as laid down within the Punjab State Minor Mineral Coverage, 2023 and Punjab State Sand and Gravel Mining Coverage, 2018 which might be to be supplied by the Venture Proponent/Departments is futile. The Punjab Air pollution Management Board ought to be extra vigilant as they’re the statutory physique to handle unlawful mining and violations of the Atmosphere Safety Act, 1986 together with The Water (Prevention and Management of Air pollution) Act, 1974 and Air (Prevention and Management of Air pollution) Act 1981 aside from all related State Legal guidelines pertaining to environmental points referring to mining,” the order reads.
