Punjab & Haryana HC flags illegal mining in Dadam Hills, seeks explanation on inaction against senior officers

CHANDIGARH: Observing that the element of "unlawful mining is prima facie evident" in Dadam hills in Tosham, the Punjab and Haryana high court has directed the chief secretary of Haryana to file an affidavit explaining why no action was taken against superior officers senior to the mining officer.The state has also been directed to provide details regarding which part of the Aravali Hills is declared as Protective/Reserved Forest, and the part in which mining is prohibited, along with a map."Considering the size of the huge crater dug up in village Dadam, district Bhiwani, it does not appear that the amount of mining work conducted, as shown in the photographs, was done by legitimate means. The element of unlawful mining is prima facie evident on the face of the record. State counsel does not dispute that the excavation and mining took place in the area which is part of the Aravali Hills," the HC observed in its May 8 order released on Monday.A division bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel passed these orders after the state govt informed that 10 officers of the rank of Mining Officer, Assistant Mining Engineer, and Mining Inspector were decided to be proceeded on the disciplinary side vide order dated January 23. The state, however, has not clarified whether the charge sheet was issued against these 10 officers. The case has now been adjourned for July 22 for further hearing.The matter is pending before the HC in the wake of a public interest litigation (PIL) filed in 2022 by Rakesh Dalal, a local resident and activist from Bhiwani. The petitioner, who has been taking up the issue of illegal mining in the Dadam area, demanded a CBI probe, especially in view of "the collusion and connivance of the high-ranking officials of the Haryana govt with the private persons involved in illegal mining."Earlier in January, the chief secretary accepted before the HC the occurrence of illegal mining, including excavation beyond permissible limits, mining outside the leasehold area, and the disappearance of the Dadam distributary at the Dadam mining zone in Bhiwani district of Haryana. In his detailed reply, the CS also apprised the HC that as per the reports of Haryana Space Applications Centre (HARSAC) based on satellite imagery from 2017 (for excavation in Dadam distributary) and from November 2020 and February 2022, the depth of excavation was exceeded in certain parts of the mining pit beyond the levels permitted as per environmental clearance and other approvals. It was also noted that in some areas adjoining the lease boundary, mining occurred outside the leasehold area.It was also stated that on account of the excessive excavation done from Dadam distributary, pathways were created in 2017, and mining beyond the permitted depth was undertaken from November 2020 onwards to February 2022. Importantly, the TOI also reported in detail about the clout of the project proponent in running the mining operations, despite a large number of committees/panels indicting the company for illegal mining in the area. The mining activities at Dadam are currently halted.