S Sabaqat
Srinagar, Nov 23: A Division Bench of J&K High Court has taken exception to the suggestion by Commissioner Secretary Industries and Commerce Department regarding identification of barren areas for quarrying in the demarcated forest areas.
The suggestion was made to the Forest Department by the Commissioner and had mentioned the same in an affidavit filed by him before the High Court in a Public Interest Litigation, seeking a complete ban on quarrying in forest areas.
"Suggestions should not have appeared in the affidavit. Neither the Commissioner was competent to do so because in ultimate analyses on such suggestions, any positive response by the Forest Department will run contrary to the judgment of Apex Court in Deepak Kumar Vs state of Haryana," a division bench of Justice Mohammad Yaqoob Mir and Muzaffar Hussain Attar. "Therefore such suggestions shall be ignored," the court said.
Meanwhile, the court directed government to file latest status about the finalization of revised rules regarding stone quarrying and minor mineral activities in the state.
In his affidavit, the Commissioner that the rules for quarrying and other minor mineral activities (J&K Draft Rules, 1962) have been revised and updated after having concurrence from Forest, Irrigation, Flood Control, Revenue, and Fisheries Departments.
The Commissioner said that the administrative department has submitted the draft rules to the Department of Law, Justice and Parliamentary Affairs for vetting. The rules, the Commissioner said, shall be thereafter submitted for approval so as to have government policy on all types of land where quarrying activities can continue.
Meanwhile, the court directed Deputy Commissioners of Jammu province to file status reports within four weeks regarding the quarrying operation in demarcated forests as well as on 'shamilat' or 'kahcharai' land.
The court granted the time after Advocate General M I Qadri submitted the compliance reports could not be filed due to some communication gap.
Sofi Arif Maqbool, a resident of Wahipora, Handwara through the Public Interest Litigation has sought an end to unabated stone quarrying within forest areas in north Kashmir. But the Jammu and Kashmir High Court brought into the ambit of the petition all districts of the State, directing the deputy commissions to ensure that illegal mining is stopped.
The petitioner has a plea that Jammu and Kashmir Forest (Conservation) Act, 1997 by its section 2, puts ban for using any portion of forest for any non forest purpose. |
