Act against negligent Yamunanagar officials: NGT to Chief Secretary of Haryana

Shiv Kumar Sharma

Yamunanagar, July 28

The National Green Tribunal (NGT) has directed the Chief Secretary of Haryana to get appropriate investigation done into the conduct of officials of the district administration, Yamunanagar, for showing negligence in discharge of their statutory duties and encouraging large-scale illegal mining in an area of Yamunanagar.

DC’s reply draws ire

• The DC, Yamunanagar, along with other officials, appeared before the tribunal through video-conferencing on July 19. The DC stated that there was no illegal mining in the district for the past three years
• IThe NGT said: “This statement is belied by what has been stated in the reply dated March 22, 2023. The reply clearly shows that illegal mineral was being transported and found up to February 28, 2023…this statement is factually incorrect”

In an order passed on July 19, Justice Sudhir Agarwal, Judicial Member, and Dr Afroz Ahmad, Expert Member, of the NGT said in case no compliance report was submitted by the Chief Secretary within two months, he would appear in person on September 24.

Balwinder Kumar of Kohliwala village of Yamunanagar district sent a complaint to the NGT in April 2022, alleging that Kohliwala and Mandewala villages falling under Bhudkala panchayat had 156 acres panchayat land, where illegal mining had been going on since 2016. He also alleged that khair trees had also been cut illegally on the land.

The names of some owners of screening plants and stone crushers came to light in the case. The official reply filed before the NGT on March 22, 2023, stated 22 FIRs had been lodged in Yamunanagar district in connection with illegal mining. Besides, 1,615 vehicles were seized transporting illegal mineral from August 2019 to February 28, 2023, and a sum of Rs 17,90,65,142 towards compensation and Rs 1,45,59,880 towards royalty price on mineral and fine, etc., was recovered. However, (as per the recent order of the NGT) when the Deputy Commissioner, Yamunanagar, along with some other officers, appeared before the tribunal through video-conferencing on July 19, he stated that there was no illegal mining in the district for the past three years.

In its order, the NGT said: “This statement is belied by what has been stated in the reply dated March 22, 2023. The reply clearly shows that illegal mineral was being transported and found up to February 28, 2023. Therefore, it cannot be said that there is/was no illegal mining in the last three years. This statement is factually incorrect as is evident from the record.”

The order further reads: “We also find that so far as Haryana State Pollution Control Board (HSPCB) is concerned, it has not taken any action under provisions of the Environment (Protection) Act, 1986 and other environmental statutes. The HSPCB took no punitive action by initiating criminal action under the provisions. No environmental compensation has been imposed upon any violator(s).

“…it (HSPCB) has been a silent spectator for the entire period till date. This conduct of officials of HSPCB shows apparent collusion with violators and negligence whereby they are abating the crime by not taking appropriate action against violators.”

The order also reads, “We direct Chief Secretary, State of Haryana to look into the matter, get appropriate investigation done…and take appropriate action .”