Punjab and Haryana High Court Issues Directions to Curb Illegal Mining on Sutlej River

A petition filed by Mr Bakhsish Singh claimed that illegal sand mining was taking place in their villages along the banks of the Sutlej river and even on the river bed. The petition sought the Punjab and Haryana High Court's interference against illegal mining on the banks of the Sutlej river. The Court issued notice and condemned the act by stating:

"The excessive extraction of minerals poses a grave threat to the bridges / National Highway, State Highway...The rivers have an inherent right to flow without hindrance."

Punjab & Haryana HC issues notice 

The bench of Justices Rajiv Sharma and Harinder Singh Sidhu issued the notice and gave a number of directions:-

The Police and the State have been asked to ensure:

1. There is no use of heavy machinery or vehicles such as a bulldozer (JCB) to extract sand and gravel from the river bed.

2. Restrict the mining depth to a maximum limit of three metres on the river bed.

Court  prohibits mining activities in certain areas

According to the Court's order, mining activity will be prohibited in the following areas

(i)1 kilometre from major bridges

(ii)½ kilometre from small bridges upstream and down-stream.

(iii)1 kilometre from the National Highways and

(iv) ½ kilometre from State Highways.

Punjab Government required to prepare half-yearly river replenishment report

The Court directed the Punjab Government and its Commissioners of Police to constitute flying squads to keep a check on illegal mining activities. he squads will be staffed by officers from the mining, revenue, and police departments. The High Court also has urged the Department to use Unmanned Aerial Vehicles (UAVs/'Drones') to monitor occurrences of illegal mining. The state was also directed to prepare a 'River Replenishment Report' at half-yearly intervals, and file a status report at the next date of hearing.

The next hearing is scheduled for September 30.

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Pearl Narang

Guest Author Pearl Narang is a final year law student of B.B.A.LL.B (Hons.) at Chandigarh University, Mohali and is currently interning as a Trainee in Business World Legal Community. She is also pursuing a diploma in Contract Drafting, Negotiation and Dispute Resolution. She is passionate about both law and writing.

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