Just about a year after the state of Punjab denied the existence of unlawful checkpoints or barriers near some mining sites in Ropar, it has now gone back to register three FIRs against different persons “according to their prima facie role found in illegal setting up of nakas for collecting goonda tax”.
As the matter came up for resumed hearing, an affidavit to this effect by Mining Director Rahul Bhandari was placed before the Division Bench of Justice Jaswant Singh and Justice Ashok Kumar Verma. It added senior police and administrative officers had been assigned duties for inquiring, checking, preventing and supervising the nuisance related to mining in the area.
The Bench expressed prima facie satisfaction with the progress made till date but also directed the state to consider the feasibility of framing comprehensive guidelines on assigning duties amongst police and administrative officials clearly defining their duties vis-Ã -vis issues pertaining to mining, including transportation of minerals.
The Bench added numerous provisions of the Mines and Minerals (Development and Regulation) Act, 1957, and the Punjab Minor Mineral Rules, 2013, had been referred to in an affidavit. But none of them appeared to sufficiently address the issues raised in the previous orders passed by the court. Elaborating, the Bench added it showed that three-month period was sought to make certain amendments in the rules to effectively deal with the issue regarding setting up of illegal nakas.
Similarly, it had been stated that a web portal, to be launched shortly, was being developed where provisions for online complaints would be made. A few more amendments in the rules had been proposed in line with the rules framed by the state of Haryana.
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“Consequently, we direct the state of Punjab to apprise the court on the next date of hearing about the actions taken subsequent to proposals made in its affidavit dated December 15, 2020, and specify the necessary amendments to be made,” the Bench added.
A damning report on the presence of illegal checkpoints was earlier submitted by a judicial officer before the High Court, stating that royalty was charged/collected by the crusher owners from the trucks/tippers carrying sand and gravel at the start of their journey and a slip issued to the vehicles was crosschecked at the illegal checkpoints. It was to ensure that no vehicle passed through the routes without paying royalty.
The officer was asked to step in after the state counsel’s claim regarding the absence of illegal checkpoints and barriers near the mining sites was “vehemently controverted” by counsel Mansur Ali on behalf of petitioner Bachittar Singh.
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