1. Grievance in this application is against illegal mining at village Bhallmajra, near Chanarthal, District Fatehgarh Sahib, Punjab in connivance with the authorities of the District and the State. It is stated that heavy tipper, trucks, JCB machines and cranes are used in the course of mining.
2. Vide order dated 10.11.2021, the Tribunal required the State PCB and District Magistrate Fatehgarh Sahib to ascertain factual position with request to the monitoring Committee headed by Justice Jasbir Singh, former Judge of Punjab and Haryana High Court, which has been overseeing compliance of certain orders of this Tribunal in the state of Punjab to also look into the matter. Accordingly, a report has been filed by the Committee headed by Justice Jasbir Singh. Conclusion and recommendation in the report are as follows:—
“5.0 Overall conclusions and recommendations
1. The Executive Engineer, Drainage Division, Patiala cum Mining Officer, Patiala has reported that the land owners of villages Bhallmajra and Sohagari near Chanarthal were issued R-notices for excavating/mining of soil in agriculture fields of said villages. In reply to the said R-notices, the land owners of said villages have informed that the soil excavated from their agriculture fields, which are at higher altitude, has been used to level their agriculture fields, which are at low altitude. It has also been mentioned that the report submitted by the Tehsildar, Fatehgarh Sahib indicate that from the Girdawari of agriculture fields done during the last 5 years, it was observed that the crops are being regularly sown during the last 5 years, which depicts that the excavation of soil in these fields have been done 5 years ago. Moreover, the department has also given the reference of the Punjab Govt. notification No. PB/OFC/2021/6271 dated 13.12.2021, wherein, it has been declared that the manual excavation of ordinary earth and ordinary clay (other than Brick earth) from an area not exceeding 2 acres and depth not exceeding 3 feet or both as non-mining activity. As such, the land owners of village Bhallmajra are not liable for any legal action.
The Monitoring Committee observed that as per the report of the Executive Engineer, Department of Drainage cum Mining Department and Tehsildar Fatehgarh Sahib, excavation/mining of soil in agriculture fields of village Bhallmajra and adjoining villages near Chanarthal has been done 5 years ago and the excavated soil from the agriculture fields, which are on the higher altitude, has been used to level their agriculture fields, which are at lower altitude and agriculture corps are being sown regularly during the last 5 years.
Therefore, the Monitoring Committee is of the view that legal action and environmental compensation to be taken/imposed against/upon the land owners of village Bhallmajra and Sohagari, where mining has been found done in an area 1.5 acres and 4 acres, respectively, and using the excavated soil for levelling the agriculture fields, which are at low altitude, may not be justified.
2. The Executive Engineer, Construction Division, PWD (B&R), Sirhind branch vide letter No. 7141 dated 3.1.2022 (Annexure-V) has reported that with the movement of overloaded tippers/trolleys, carrying soil/ordinary earth regularly, damage has been caused to the following roads.
i. Bhallmajra to Sohagri link road
ii. Bhallmajra to Tarkheri link road
iii. Bhallmajra to Tohra link road
iv. Chuni to Biromajra
v. Chuni to Bhagtana
Now, with the strong vigilance by the department of mining, the number of overloaded tippers carrying soil/ordinary earth, has been reduced significantly. Besides, on the roads covered under market committee, Amloh, no overloaded tippers/trolleys have been found moving on the roads. It is mentioned that the Monitoring Committee while coming from village Sohagri after visiting the soil excavated site of village Sohagri on 9.12.2021 observed that condition of Bhallmajra to Sohgri road was almost in good condition.
The Monitoring Committee recommends that the roads which have been damaged due to movement of overloaded tippers, carrying soil/ordinary earth, may be repaired within 02 months by getting the cost of repair from the owners of overloaded tippers/tractor trolleys.
3. During the visit to the soil excavation/mining sites in agriculture fields of village Bhallmajra and adjoining villages by the Monitoring Committee on 9.12.2021, the Monitoring Committee tried to contact the complainant and no one with the name as mentioned in complaint was found in the said village. However, District Development and Panchayat Officer was asked by the Monitoring Committee to identify and locate the complainant, who has made complaint in the matter.
District Development and Panchayat officer vide his office letter No. 235 dated 24.12.2021 has reported that he has inquired about the whereabout of the complainant in the case from the village Bhallmajra, Sohagri of District Fatehgarh Sahib and village Jindalpuria of District Patiala from the public/residents/Sarpanches/Panchayats and it was informed that no such person in the name of Singh Jundalpuria S/o Surjit Singh, Village Jindalpuria, District Fatehgarh Sahib, village Bhallmajra, Sohagri, Jindalpuria and surrounding villages is there.
Since, no person in the name of Singh Jindalpuria s/o Surjit Singh village Jindalpuria, District Fatehgarh Sahib, village Bhallmajra, Sohagari, Jindalpuria and surrounding villages is there, as such, the complaint has been made by unknown person. Therefore, the Monitoring Committee has visited the soil excavation/mining sites of the village Bhallmajra and Sohagari with its own efforts.
4. During the visit of the Monitoring Committee to the soil excavation/mining sites in agriculture fields of the villages as mentioned in the complaint on 9.12.2021, it was informed that lot of earth/soil removed from the land of other villages of Distt. Fatehgarh Sahib has been carried out by the contractors/agencies engaged in the construction work of National Highway and Railway Bridge and due to said activities, some of the roads in the area have been damaged.
Mining officer confirmed that the earth/soil removed from other villages for construction of highways and Railway Bridge was after getting proper permission and payment of the royalty. However, District Authority may get assess the damage caused to the roads due to movement of vehicles and machinery used for carrying earth/soil from the land of other villages of Distt. Fatehgarh Sahib to the construction sites and the concerned authorities/agencies i.e. NHAI and Department of railway may be issued recovery notice for recovery of damage caused to the roads within 15 days and the same may be recovered from said authorities.
In compliance to the directions of the Monitoring Committee, the Executive Engineer, construction Division, PWD (B&R), Sirhind branch vide his office letter No. 7947 date 13.1.2022 has reported to the Additional Deputy Commissioner (G) Fatehgarh Sahib that there is no link road in the jurisdiction of his office which has been damaged due to movement of overloaded tippers carrying soil/ordinary earth for the construction of NHAI-1 and railway line in the area. Moreover, no National Highway/Railway line has been constructed in the jurisdiction of their office. As such, no damage has been caused to any roads falling under their jurisdic tion.
Similarly, the Executive Engineer, construction Division No. 2, PWD (B&R), Mohali branch at Fatehgarh Sahib vide his letter No. 2706 dated 3.1.2021 has reported to the Additional Deputy Commissioner (G) Fatehgarh Sahib that no damage has been caused to any link road passing through the jurisdiction his office due to movement of the overloaded tippers carrying soil/earth.
Therefore, the reports of the Executive Engineers, Construction Division, PWD, Sirhind branch and Mohali branch indicate that no damage has been caused to any link road passing through the jurisdiction of their offices due to the movement of overloaded tippers carrying soil/earth for the construction of NHAI-1 and railway line in the area.
It is mentioned here that the Executive Engineer, Construction Division, PWD, Sirhind branch vide his officer letter no. 7141 dated 3.1.2022 has reported that with the movement of overloaded tippers/trolleys, carrying soil/ordinary earth regularly, damage has been caused to the following roads.
i. Bhallmajra to Sohagri link road
ii. Bhallmajra to Tarkheri link road
iii. Bhallmajra to Tohra link road
iv. Chuni to Biromajra
v. Chuni to Bhagtana
Now, with the strong vigilance by the department of mining, the number of overloaded tippers carrying soil/ordinary earth, has been reduced significantly. Besides, on the roads, covered under market committee Amloh, no overloaded tippers/trolleys have been found moving on the roads.
The report submitted by the Executive Engineer, Construction Division, PWD, Sirhind branch vide his office letter no. 7141 dated 3.1.2022 and no. 7947 dated 13.1.2022 are contradictory because on onside the Executive Engineer vide his letter dated 3.1.2022 has reported that with the movement of the overloaded tippers/trolleys, carrying soil/ordinary earth, damage has been caused to link roads namely Bhallmajra to Sohagri link road, Bhallmajra to Tarkheri link road, Bhallmajra to Tohra link road, Chuni to Biromajra, Chuni to Bhagtana and now with the strong vigilance by the department of mining, the number of these overloaded tippers, carrying soil/ordinary earth, has been reduced significantly, whereas, on the other side the Executive Engineer vide his letter no. 7947 dated 13.1.2022 has reported that no link road has been damaged due to movement of overloaded tippers carrying soil/ordinary earth for the construction of NHAI-1 and railway line in the area and also no NHAI-1/railway line has been constructed in the jurisdiction of his office.
In view of the above the Monitoring Committee recommends the Executive Engineer, Construction Division, PWD (B&R), Sirhind branch shall make detail survey of all the link roads falling under the jurisdiction of his office and make assessment as to whether any damage has been caused to these roads with the movement of overloaded tippers carrying soil/ordinary earth, within 01 month and in case the damage, caused to the link roads due to movement of over loaded tippers carrying soil/ordinary earth, is found, NHAI-1 and railway authorities may be issued recovery notice for recovery of damage caused to the roads within 02 months and cost of the damage caused to the roads may be recovered from the said authorities within 03 months and the damaged roads may be repaired within 04 months.
5. During the meeting of the Monitoring Committee held with District Level Officers of District Fatehgarh Sahib on 28.12.2021, the Deptt. of Irrigation has informed that the methodology mentioned for assessment of the damage caused to the environment due to illegal excavation/mining, as mentioned in order dated 26.2.2021 in OA No. 360 of 2015, relates to sand mining case. It was clarified that the order dated 26.2.2021 in OA No. 360 of 2015 is applicable irrespective of mining of sand or ordinary earth or stone mining. Therefore, the said assessment may be done in case the mining/excavation of soil in agriculture fields of village Bhallmajra and adjoining villages of District Fatehgarh Sahib has been done illegally. It was assured that the assessment of the damage caused to the environment due to illegal excavation/mining of soil from the agricultural fields of village Bhallmajra and adjoining villages of Distt. Fatehgarh Sahib, if any, shall be done within 02 months.
Now, the Department of Drainage cum Mining Department has informed vide his office letter no. 58/R-Notice dated 20.1.2022 (Annexure-II) that since the soil excavated from the fields, which are at the higher altitude, has been used to level the agriculture fields, which are at lower altitude and moreover it has been done 5 years ago and crops are being sown regularly in these agriculture fields, therefore, no environment compensation needs to be imposed on the owners of the agriculture fields of village Bhallmajra and Sohagari.
Therefore, the Monitoring Committee recommends that imposing environmental compensation, on the land owners, who have used the excavated soil for leveling their agriculture fields, which are at lower altitude, may not be justified.”
3. We accept the report and direct further action on the report by the State Administration, in accordance with law.
4. The application is disposed of.
5. A copy of this order be forwarded to the Chief Secretary, Punjab for necessary action by e-mail.