Examine rule exempting first two offences, NGT directs Haryana Government

Bhartesh Singh Thakur

Chandigarh, March 30

The National Green Tribunal (NGT) has found faults with Haryana’s standard operating procedure (SOP) for the imposition and realisation of environmental damage compensation against units or persons involved in illegal mining. It has questioned Rule 104 of the Haryana Minor Mineral Concession, Stocking and Transportation of Minerals and Prevention of Illegal Mining Rules, which exempts registration of FIRs on the first and second offence.

The tribunal said, “In SOP, reference has been made to Rule 104 of the Haryana Minor Mineral Concession, Stocking and Transportation of Minerals and Prevention of Illegal Mining Rules, 2012, which exempts registration of FIRs on the first and second offence. The question of the same being ultra vires the constitution/the parent Act and violative of the directions issued by the Supreme Court and this Tribunal needs to be examined.”

As per Rule 104, on the first offence of illegal mining, minerals along with tools, equipment and vehicle are seized and released upon realisation of payment of the minerals’ price and applicable royalty, in addition to the fine, which shall not be less than Rs 10,000. But no FIR is registered.

For the second offence, the mineral and equipment will be seized for a minimum of seven days and will be released on payment of the mineral’s cost, applicable royalty, and fine, which shall not be less than Rs 15,000. Here too, FIR is not registered. Only in the case of offence for the third time or more, FIR is registered and equipment is handed over to the police.

“The SOP prepared is also materially deficient and needs review, particularly with respect to the aspect of realisation of environmental compensation as it inhibits the Deputy Commissioner concerned from recovering environmental compensation (EC) immediately on default and mandates him to take action in case of failure to deposit EC after six months,” said the tribunal.

On the action taken report submitted by the Secretary to the Haryana Government, Environment, Forest and Wildlife Department, on measures taken to stem illegal mining in the Aravallis, the tribunal termed the “report to be materially deficient as no action has yet been taken for the imposition of environmental compensation on persons found to have carried out illegal mining”.

It added there was no mention regarding holding any meeting of the joint committee constituted by the Tribunal under the Additional Chief Secretary, Environment, Forest and Wildlife Department to look into all relevant aspects of enforcement and monitoring to prevent illegal mining and transportation, reclamation/rejuvenation of illegally mined areas and imposition and realisation of compensation.

The committee is to ensure compliance of guidelines and directions issued by the Supreme Court and the NGT.

Flaw in state’s SOP

The NGT has found fault with the state’s SOP for imposition and realisation of environmental damage compensation