The Department of Geology and Mining has again come into focus and for some of its faults. We have, once before, reflected in these columns on the case of illegal mining in the State and the consequent threat to ecology and environment.
Responding to the instructions of the Supreme Court about four years after these came, Geology and Mining Department framed new rules for mining of minor minerals from the river beds to replace the old and existing rules. These rules were compatible with the observations and guidelines provided by the Apex Court. Actually the Apex Court dealt with the issue on national basis but since J&K constitutionally enjoys special status, the State was allowed to frame its rules. J&K Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 were aimed at ensuring scientific and environmental friendly mining. The Department of Geology and Mining in the month of April initiated the process of open auction for grant of mining lease/quarry license. But before the new rules could be implemented, a PIL was filed with the State High Court challenging the new rules framed by the Geology and Mining Department. The court ordered a stay on the implementation of the new rules.
With this a piquant situation developed. The Department of Geology and Mining did not pursue the matter vigorously at the High Court level so as to get the stay vacated and the process of implementation of new rules carried forward. May be there were vested interests aiming at delaying the decision on the implementation of the new rules. Whatever it was, the position is that implementation of new rules has been stayed, no interim order has been passed by the High Court, and therefore, the old rules continue to be in use that are detrimental to the interests of the people of the State particularly as these are posing challenge to the ecology and clean environment. Why the Department of Geology and Mining has not succeeded in convincing the High Court about the genuineness of the rules that it had framed as these are fully in line with the guidelines provided by the Apex Court, is an interesting part of the entire story.
What actually is happening on the ground is that there are vested interests that think new rules do not serve their selfish interests and as such they are happy that the stay continues. But any true nationalist will understand that this is national loss of immense dimensions. There seems to be a nexus between the miners, the functionaries of geology and Mining and the local police. First major irregularity on the part of the Department is that blocks have not be regulated in which contractors would be enabled legally to carry forward their activities. Secondly, extraction of minor minerals from the river beds, particularly Tawi River in Jammu is going on at night because the contractors save the amount of royalty which they will have to pay to the Government. The Department absolves itself of conducting nocturnal checks on the plea that it is understaffed. The police appear to be an accomplice in the fraudulent activity of extracting minor minerals at night. In simpler words the general loot of the natural minerals in river beds continues unabated. How long will it go is anybody’s guess?
This wanton and illegal mining in river beds is a serious threat to the delicate ecology of the towns and villages around the sites where illegal mining is taking place. What can be suggested in this background is that the Department of Geology and Mining should pursue the matter at the level of the High Court and get the stay vacated without further delay
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