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The ban imposed on sand mining in Ghaggar river bed,on the instructions of Punjab and Haryana High Court last year,is turning out to be a futile exercise. In the absence of stringent penalties,illegal mining continues unabated. As many as 432 cases have been detected since the ban was enforced,with the government receiving Rs 32 lakh in fine.
With no provision of stringent punishment,the police are left with the only option to book the violators under the provisions of Motor Vehicles Act. Even the district mining officer,who is called in such cases,can only impose a fine under Section 21 (4) and (5) of the Mines and Mineral Act,1957.
The penalty in such cases varies from Rs 10,000-15,000 per trolley. The fine is multiplied in case the violator is caught committing the violation repeatedly, said a senior officer of the mining department.
According to information submitted by the officers concerned to Panchkula Deputy Commissioner Ashima Brar,the mining department has registered 432 cases of illegal mining,with the maximum number of cases being registered in June (61),followed by July (56) and January (55). A total of Rs 32.04 lakh has been realised so far.
The challenges before administration
Mouli,Bator,Rihor,Alipur,Natwal and Toda areas in Panchkula sub-division and Khokhra,Nawanagar,Konna and Charnia areas in Kalka sub-division are being operated of and on for illegal mining,according to information submitted by the mining department. The screening plants installed on Kalka-Baddi road,though have been sealed by the pollution control board,are operative during odd hours.
The tractor/trollies transporting the sand are usually without any registration number. This makes it difficult to register a case with the police, said an official of the mining department.
The department has also submitted a suggestion to the DC that the staff of excise and taxation department at a check post in Kalka should inspect the bills of the vehicles carrying sand to check the transportation of the illegally extracted mineral.
Measures taken
* A District Task Force Committee has been constituted on mining under DC,which meets regularly
* In Panchkula,there are 109 quarries,of which mining operations have been prohibited in 54 on the recommendations of the forest,public works,public health and irrigation department,besides gram panchayats
* In the remaining 55 quarries,the mining operations are closed with effect from March 1,2010,in compliance with the HC orders dated May 15,2009.
* In view of the powers conferred under Section 144 of the Code of Criminal Procedure (CrPC),District Magistrate Ashima Brar has prohibited illegal mining within the entire jurisdiction of Panchkula district as a measure of emergency. It will remain in force till March 31.
* The DM has authorised sarpanchs and panchs of all gram panchayats,fields kanungos,patwaris and gram sachivs to check illegal mining in the district,besides the SDM of Panchkula and Kalka; tehsildar of Panchkula and Kalka; divisional forest officer of Morni and Pinjore; Haryana State Pollution Control Board,Panchkula; block development and panchayat officers of Pinjore,Raipur Rani,Barwala and Morni; and naib tehsildar of Panchkula,Barwala,Raipur Rani,Morni and Kalka.
* Any violator is liable for punishment under Section 188 of the IPC. The DC reasoned in her order that (such) directions were necessary to avoid any injury to persons or danger to human life and property on account of illegal mining.
* Ghaggar bed is also going to be demarcated between Punjab and Haryana. It will help the two states check the illegal mining and book the culprits,as per the prescribed provisions of law, said a senior official of the mining department.
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