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Punjab submits affidavit before HC: mining won’t be allowed within 1 km of Pakistan border

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After the Indian Army raised concerns about ‘cross-border infiltration’ due to ‘illegal mining’ at Punjab border districts, the state government on Monday decided that legal mining would not be allowed within 1 km of the international border.

In an affidavit submitted before the Punjab and Haryana High Court on Monday, the Punjab government said, “No legal mining activity shall be allowed to be carried out within 1 km of the international border. Also, no screening-cum-washing plant or stone crushers will be allowed to operate within 2 km of the international border.”

The state submitted that the decision has been taken following concerns raised by the Army and the Border Security Force (BSF) for limiting mining activities near the international border in Pathankot, Gurdaspur and Amritsar. The state submitted the affidavit – through Krishan Kumar, Principal Secretary to Government of Punjab, Department of Water Resources, Mining and Geology – on a petition filed by one Gurbir Pannu.

However, the case could not come up for hearing on Monday as the Bar Association of the Punjab and Haryana High Court suspended work in the afternoon.The affidavit mentioned that the respondent department is making every necessary effort to stop any sort of illegal mining and threat to national security caused by mining activities being carried out in Pathankot and Gurdaspur districts. The officers of the Mining Department, Enforcement Directorate and Police Department are working round-the-clock to stop and prevent any threat posed by mining activities in the two districts, the affidavit stated.

The state has also pleaded to the high court to modify the interim order dated August 29, 2022, wherein ‘all mining activities legal or illegal in and across Ravi river adjacent to international border with Pakistan have been stayed’.

Briefing the status of mining/desilting sites in Pathankot and Gurdaspur districts, the state submitted that “in pursuance to the order passed by the high court on August 29, 2022, the Department of Water Resources, Mining and Geology identified the legal allotted mining sites in the districts of Pathankot, Gurdaspur and Amritsar adjoining river Ravi. The reason for identifying them is – Ravi flows in all the three districts in areas which are adjacent to international border with Pakistan. At present, there are 16 mining/desilting sites in the districts adjoining Ravi. Out of the 16, 11 sites are in Pathankot, three are in Gurdaspur, while two are in Amritsar district”.

The state further submitted in the affidavit that “out of the 16 mining/desilting sites, there are valid environmental clearances (EC) for nine sites granted by the Ministry of Environment, Forest and Climate Change (MOEF&CC)/State Environment Impact Assessment Authority (SEIAA). With respect to the remaining seven desilting sites, SEIAA vide letter dated October 7, 2022, while considering the request of the government has allowed desilting operation till December 11, 2022, subject to certain conditions … The MOEF&CC vide its office memorandum dated April 12, 2016, has given extension of EC for two years … It is clarified that in Pathankot there are two mining sites situated on the riverbed of ‘Ujh’ river which happens to be a tributary of Ravi”.

It has been further submitted in the affidavit that “the department has taken a conscious decision not to permit/undergo mining/desilting activity in any of the aforementioned 16 mining/desilting sites situated in Pathankot, Gurdaspur and Amritsar without prior permission of this court. After the interim order passed by this court in the instant petition, the state has not permitted any mining activity in and across Ravi in these three districts.”

Regarding the collapse of rail overbridge over river Chakki in Pathankot, the affidavit mentioned that “the Deputy Commissioner, Pathankot, on August 23, 2022, constituted a committee to conduct a thorough inquiry into the collapse of narrow gauge bridge no. 32 on river Chakki where only a small part/pillar falls in the jurisdiction of Pathankot, Punjab, while the rest is under Himachal Pradesh (Pathankot, Joginder Nagar) under the chairmanship of Additional Deputy Commissioner (General), Pathankot. The committee in the report mentioned that ‘there are multiple factors which led to the collapse of pier number 2 to pier 7 of railway bridge number 32”

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