The National Green Tribunal (NGT) has directed the concerned department of the Punjab government responsible for according permissions for mining including the Punjab Pollution Control Board (PPCB) to clearly indicate and ensure implementation of all tech mechanisms required for monitoring and enforcement of laws relevant to illegal mining and take steps to check illegal mining.
The Department of Mining and Geology and PPCB have also been directed by the NGT to file a report indicating the various tech mechanisms that have been put in place along with the staff who have been assigned for this specific purpose including infrastructure facilities provided, before the Registrar General of this Tribunal within 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 application registered on the basis of the news item appearing in newspaper dated 31.01.2024.
The matter relates to rampant illegal mining in Punjab and the failure of Punjab Government and its agencies to use tech mechanisms to detect and check illegal mining in the State.
The news item also reveals that the Punjab Government has issued the Punjab State Sand and Gravel Mining Policy, 2018 which requires geo-tagging, geo-fencing, electronic surveillance and such technology. However, these mechanisms are not used to detect illegal mining.
The news item also mentions the observations made by the Controller and Auditor General of India which has pointed out the failure of the Punjab Government to use such technology to check illegal mining.
In this regard, a response was sought from the State of Punjab through the Chief Secretary, Punjab Pollution Control Board, DC/DM Amritsar, Kapurthala and Faridkot.
The responses were filed by the DC Kapurthala, DC Faridkot, PPCB and Mines Geology Department of Punjab and State of Punjab. These responses have been examined.
The counsel on behalf of the State Government mentioned that the approved mining sites have been geo tagged and geo fenced by conducting a differential global positioning system (DGPS) Survey of Mines located in the State of Punjab as per the Punjab State Minor Mineral Policy, 2023. The coordinates of all corner points of the mine area are captured and placed in the public domain in the form of KML file.
It was also mentioned that the Department of Mines and Geology is taking several measures to prevent illegal mining with technology.
The counsel provided Punjab State Sand and Gravel Mining Policy 2018 and as per the policy the State is required to install various tech mechanisms such as Punjab Sand Portal, payments and transactions to be made online, monitoring on real-time basis, electronic documentation restriction of vehicles, installation of weighbridges, weigh slips, geo tagging etc. Further, the counsel also mentions the implementation of the Punjab State Minor Mineral Policy, 2023 which also operates parallel.
The counsel for the State of Punjab could not indicate the Bench the list of technological measures that have been adopted by the concerned Department for the purpose of enforcement and monitoring of the Punjab State Minor Mineral Policy, 2023 and Punjab State Sand and Gravel Mining Policy, 2018.
With regard to the environmental issues concerning the mining including checking illegal mining, the counsel for Punjab State Pollution Control Board informed that all procedures laid down in the EIA Notification, 2006 are followed for permitting mining and the Pollution Control Board issues consents for such legal mining. With regard to illegal mining, environmental compensation is imposed as per norms. The counsel for the PCB provided a sample Consent to Operate issued to a particular mine on 20.10.2023 by the PCB. On examination of the said sample consent, it is observed that under specific conditions one item has been incorporated which reads as follows:-
“7. The project proponent shall ensure the compliance of provisions of Punjab Minor Mineral Rules, 2013 or any Rules/Acts relating to the mining of minor minerals”.
“Mere incorporation of the above condition without specifying various statutory requirements as laid down in the Punjab State Minor Mineral Policy, 2023 and Punjab State Sand and Gravel Mining Policy, 2018 that are to be provided by the Project Proponent/Departments is futile. The Punjab Pollution Control Board should be more vigilant as they are the statutory body to address illegal mining and violations of the Environment Protection Act, 1986 including The Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act 1981 apart from all relevant State Laws pertaining to environmental issues relating to mining,” the order reads.