Plea in HC over Cabinet decision on free mining

Tribune News Service

Chandigarh, September 24

The Punjab Cabinet’s decision to allow “unregulated and unhindered mining of minor minerals by landowners and general public” today came under judicial scanner with the filing of a petition before the Punjab and Haryana High Court against the alleged move. It was one of the first decisions taken by the Cabinet in its maiden meeting after the change in guard.

Among other things, the decision was described in the petition as an illegal act, a political gimmickry and an election stunt. The High Court was told the elections to the legislative Assembly in the state of Punjab were just about two to three months away and the dispensation within the ruling party had changed. Free sand to the public was being offered with an intent to gain political mileage, even though it was legally and practically unfeasible. It was likely to cause complete chaos in minor mineral extraction and would lead to an environmental disaster. “The ruling party, with an intent to fulfil the promise mentioned by it in the last election manifesto regarding free sand to the general public, is doing this all,” it was added.

In the petition against the state of Punjab and other respondents placed before the High Court Division Bench of Justice Ajay Tewari and Justice Alka Sarin, petitioner Mahadev Enclave Pvt Ltd was seeking the issuance of directions for quashing the decision dated September 20 taken by the government in its Cabinet meeting. Directions were also sought to place on record the decision before further quashing “subsequent consequential decision” by the state government for allowing unregulated and unhindered mining.

The Bench was told: “The state government’s action in taking the decision of allowing free mining in the state is totally illegal and arbitrary and the same is against the law laid down by the Supreme Court and the High Court and the same is liable to be set aside.” The case will now come up for further hearing on September 27 when the Cabinet meeting record would be placed before the Bench.

‘Political gimmickry’

Among other things, the decision was described in the petition as an illegal act, a political gimmickry and an election stunt. The High Court was told the elections to the legislative Assembly in the state of Punjab were just about two to three months away and the dispensation within the ruling party had changed.