Jharkhand HC issues directions on illegal mining in Hazaribag

The Jharkhand High Court has issued a set of directions to curb illegal stone mining and unauthorised crusher operations in Hazaribag district, observing that environmental degradation caused by such activities affected the right to life under Article 21 of the Constitution.

Disposing of a public interest litigation concerning mining activities around the Siwane River in the Ichak region, a division bench comprising Chief Justice M S Sonak and Justice Rajesh Shankar directed the district administration, police, mining authorities and the Jharkhand State Pollution Control Board to undertake coordinated enforcement measures against illegal mining and non-compliant stone crusher units.

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The court observed that mining activities had caused damage to cultivable land, environmental pollution and abandoned mining pits posing risks to residents. The bench also noted that authorities had failed to effectively enforce statutory provisions despite repeated complaints and the availability of technological monitoring systems.

The court directed the District Level Task Force headed by the Deputy Commissioner, Hazaribag, to review all statutory permissions granted to crusher units and mining operators in Village Tepsa, the Ichak region and the Siwane River area. The review includes environmental clearances, consents to establish and operate, explosive licences and mining registrations.

Pending verification of statutory compliance, the court ordered that no mining activity or operation of stone crusher units should continue in the identified areas. It further stated that no mining or crusher activity would be permitted within one kilometre of the Hazaribag Wildlife Sanctuary boundary.

The bench also directed authorities to implement a monitoring mechanism including GPS tracking of mining vehicles, geo-fencing protocols and installation of CCTV cameras in vulnerable areas.

The court asked the District Mining Officer to initiate proceedings under the Mines and Minerals (Development and Regulation) Act, 1957, against persons involved in illegal extraction and unauthorised crusher operations. The Superintendent of Police, Hazaribag, was directed to ensure investigation of mining-related cases and filing of charge sheets in accordance with the law.

The Jharkhand State Pollution Control Board was directed to initiate proceedings against non-compliant units and assess environmental compensation under the “Polluter Pays” principle for damage caused to the environment and cultivable land.

The court directed all concerned authorities to submit compliance reports within four months.