Excelsior Correspondent
Srinagar, July 18: High Court has taken serious view of not filing of compliance report in terms of previous order from the Central Government with regard to working of the mines and as also the safety protection and rights of workers employed for mining activity by the mining owners in J&K and Ladakh.
The Division Bench of Chief Justice Gita Mittal and Justice Sanjay Dhar while hearing PIL regarding working of the Mines Act, Mining and Minerals Development regulations Act and the metalliferious Mines Regulations, directed the Director General of Mines Safety, Government of India , Director of Mines Safety Uttar Pradesh and the Regional Controller of Mines, Indian Bureau of Mines Uttarakhand to ensure compliance of previous directions within six weeks of adverse orders will be passed in the matter on next date.
Court has granted one more opportunity to these officials in view of COVID-19 pandemic. “Neither counter affidavit has been filed nor there is any representation on their behalf. We will give the benefit to these officials of the difficult situation on account of COVID-19 pandemic. In view thereof, issue notice to these officials to ensure compliance with our order supra within six weeks from today”, read the order
It is on March 18 this year final opportunity and in failure of filing of reply costs of Rs 25, 000 were also imposed on these officials but there was no appearance on behalf of these officials. However, the court in view of ongoing pandemic granted one more opportunity to them to comply with the directions of the court.
Court has made it clear that in case these officials fail to comply with the instant order, the court shall be constrained to pass adverse orders in the matter on next date of hearing.
Court in its previous directions also mentioned that there is no clarity even on the issues as to what are the responsibilities of Centre and the local Government as no report has been filed disclosing any steps taken towards ensuring the compliances with the statutory provisions of the rules and regulations.
The petition also complained of environmental degradation and the adverse impact on the ecology, landscape and the habitation because of the indiscriminate illegal mining activity. Local Government through Commissioner/Secretary Industries and Commerce is also under direction to examine the matters raised in the petition and prepare a check list delineating the responsibility of the Central and the Local Government as also the measures which are required to be undertaken to ensure strict compliance of the statutory provisions as well as rules and the regulations.
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