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| Illegal mining: HC directs DC Doda, others to stop illegal mining in Gandoh | | NGT, New Delhi directs for closure of illegal stone crushers | | Early Times Report
Jammu, July 18: In two significant directions related to illegal mining and running of illegal stone crushers in Doda District, the High Court as well as the National Green Tribunal directed the Deputy Commissioner Doda and others to take immediate measures to stop both illegal mining as well as function of illegally run stone crushers with immediate effect.
As per the details available with “Early Times” in a significant direction passed in writ petition bearing OWP No.1554/2017 filed by one Khursheeda Begum through her counsel Advocate Faheem Shokat Butt, the High Court of J&K directed the respondents particularly Deputy Commissioner Doda, SDPO Gandoh Doda, SDM Gandoh, SHO Gandoh and District Mineral Officer, Doda to ensure that no illegal mining activity is carried out in Kalgoni and Bisran Nallah of Tehsil Gandoh District Doda and anybody violating the law is to booked under the relevant provisions of law and action should be taken to its logical end.
It was argued by the counsel of petitioner Faheem Shokat Butt that the illegal mining activities in the area is going on undoubtedly and with impunity as no mining lease has been granted to anybody in pursuance to SRO 105/2016 after submitting a duly approved mining plan and clearance from the state level Environmental Impact assessment committee. It is pertinent to mention that the respondents in his reply to the petition have filed their objections/compliance report in which they have clearly stated that they have not granted any mining lease to any person in the aforesaid areas and the activities, if any. Meanwhile in another direction, National Green Tribunal (NGT), New Delhi issued a direction to State Pollution Control Board and district magistrate Doda for closure of illegal stone crushers running illegally in Doda.
In an application filed by Advocate Nisar Gattoo before Principal bench of National Green Tribunal New Delhi on 18-01-2020 in which NGT sought factual report from state pollution control board and DDC Doda by giving them the time of four weeks. In order dated 26-6-2020 NGT ordered State PCB for closure of illegal stone crushers running in Doda, besides closure NGT also ordered PCB to recover the compensation for violation of environmental laws.
“A factual and action taken report was sought from the District Magistrate, Doda and Jammu & Kashmir pollution Control Board with reference to the allegation of illegal operation of stone crushers and hot mix plants in District Doda. Accordingly, a report has been filed by the State PCB on 12.02.2020 mentioning the proceedings before the High Court even prior to the order of this Tribunal and that the State PCB had taken action against the units operating without permission” read the NGT order.
The order further stated that “We however find that since the State PCB found the units to be working illegally, apart from closure, the State PCB may also assess and recover compensation for violation of environmental laws, following due process of law” and sent the copy of the order to PCB J&K to implement the direction.
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