The High Court on Monday sought to know about the steps the government has taken to implement the statutory provisions as well as the rules and regulations of mining in Jammu and Kashmir.
Hearing a Public Interest Litigation petition filed byPeoples’ Forum, a non-governmental organisation, through senior advocate M IQadri, division bench of Chief Justice Gita Mittal and Justice Rashid Ali Daralso sought to know about the environmental degradation and the adverse impacton the ecology due to illegal mining and measures to ensure the safety andsecurity of the workers in the mines.
Seeking his personal appearance on August 28, the courtdirected the Commissioner Secretary to Government, Industries and CommerceDepartment to remain present in person and inform the court about thesame.
Observing that the PIL raises serious matters andimplementation of various Acts governing the mining, the court said it has beennoticed that the mine owners have failed to ensure the safety and protection ofthe labourers employed for mining activity.
The Court said the authorities concerned were unable toinform it about the measures in place to ensure the safety and security of theworkers in the mines as well as the compliances with the statute, rules andregulations.
“There is no clarity even on the issues as to what are theresponsibilities of the Centre and the State authorities”
None of the reports filed on record, the court said,discloses any steps taken towards ensuring the compliances of the statutoryprovisions, the rules and regulations.
Underscoring that the petition raises concern ofenvironmental degradation and adverse impact on the ecology, landscape and thehabitation because of the indiscriminate illegal mining activity, the courtsaid the matter is of very serious concern as is manifested from the several ofits orders passed.
The court asked the Commissioner-Secretary to Government,Industries and Commerce Department to examine the matters raised in the writ petitionas well as several orders passed.
The court directed the officer to delineate responsibilityof the Central and the State Government, the measures required to be undertakento ensure strict compliance of the statutory provisions of mining as well asthe rules and the regulations. It said the authorities who are responsible forthe same should take steps to ensure the enforcement.