No mining in Shivalik range without clearance,rules HC

The Bench has directed that no public auction be held and no licence/contract/lease or right for extraction of minerals from the Shivalik range be granted by the Haryana government until an ‘Environment Impact Assessment Report’ is prepared and made available as a public document to prospective bidders. The report will be prepared by an expert appraisal committee (EAC) which will look into all aspects of mining and preserving minerals. The committee will also seek suggestions from the public before preparing the report,the court has ruled.

Every successful bidder will also be required,and be under a legal obligation,to apply for prior environmental clearance and abide by the terms and conditions imposed by the EAC. Seeking prior clearance will help keep a check on illegal mining and erosion of soil,water and other resources.

The Haryana government has also been directed to refer to the EAC to get the Environment Impact Assessment Report (EIAR) prepared for the entire mining area falling within the fragile Shivalik range and then complete the process of public consultation. The state government will submit the application before August 31.

The project proponents/ successful bidders have also been asked to apply for prior environmental clearance within one month from the date of auction. The EAC has been directed to prepare the final report within six months from the date of receipt of the application. Thereafter,the clearance can be granted or rejected within two months.

Giving due consideration to the probable hardships the public can face,the Bench ruled: “Having regard to all the attending circumstances and to obviate varied hardships caused to the general public,labour and the state,we direct that mining activities may continue till February 28,2010,however,only on the basis of the contract/licence granted to the highest bidders through a transparent ‘public auction’ held after wide publicity”.

The petition was filed by three members of the District Bar Association,Panchkula,in public interest seeking direction for investigation into the ‘indiscriminate’ and ‘callous’ mining operations in the lower Shivalik hills in the district. The petitioner had sought orders to direct the Haryana government to obtain prior environmental clearance from the Government of India as enumerated in the notification dated September 14,2006.

The petitioners had further alleged that the entire area has become a den of the mining mafia who operate under the alleged political patronage and minerals worth crores of rupees are illegally extracted in connivance with the enforcement staff,including the district administration.