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HC seeks ATR against Mines violating MCDR rules

November 26, 2020 | BK News Service

Jammu and Kashmir high Court has directed government to file action taken report regarding mines which violate Mineral Conservation and Development Rules (MCDR) despite show cause notices and suspension orders by a concerned central agency.

Hearing a Public Interest Litigation, a division bench of Chief Justice Gita Mittal and Justice Puneet Gupta directed that the report be filed within six weeks.
The direction by the court followed submissions by senior counsel M. I. Qadri that Regional Controller of Mines, Indian Bureau of Mines, has admitted the violations as per a reply filed on 14 August this year. Referring to the reply, he said, that the Regional Controller said that in the last four years 257 rules were found violated at 34 mining lease instances.
“As a result mining operations at 15 mines were suspended by the office of Regional Controller. These suspensions orders are endorsed to the State government with a request not to issue transport slip of mineral till suspension is revoked by the office”.
Further during the review of mining plans non-compliance of mining plan proposals were found at 14 mines and letters were sent to State Government for initiating penal action against those 14 mine lessees, the Regional Controller said.
The Regional Controller said that his office issued letter to the State Government department to initiate appropriate action against non-responsive mines (those who violate MCDR even after issue or Show cause notices, suspension orders).
“Let a copy of the response filed by the (Regional Controller) be made available and served upon the Commissioner / Secretary to Government, Industries and Commerce Department, Jammu & Kashmir,” the court said as per GNS, adding, “Status / action taken reports regarding the compliances shall be placed before us within six weeks”.
The court made it clear that if there is any violation of any statutory provisions, the authorities shall take action in accordance with law and the rules governing the field. The case has been listed on February 3.

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HC seeks ATR against Mines violating MCDR rules

November 26, 2020 | BK News Service

Jammu and Kashmir high Court has directed government to file action taken report regarding mines which violate Mineral Conservation and Development Rules (MCDR) despite show cause notices and suspension orders by a concerned central agency.

Hearing a Public Interest Litigation, a division bench of Chief Justice Gita Mittal and Justice Puneet Gupta directed that the report be filed within six weeks.
The direction by the court followed submissions by senior counsel M. I. Qadri that Regional Controller of Mines, Indian Bureau of Mines, has admitted the violations as per a reply filed on 14 August this year. Referring to the reply, he said, that the Regional Controller said that in the last four years 257 rules were found violated at 34 mining lease instances.
“As a result mining operations at 15 mines were suspended by the office of Regional Controller. These suspensions orders are endorsed to the State government with a request not to issue transport slip of mineral till suspension is revoked by the office”.
Further during the review of mining plans non-compliance of mining plan proposals were found at 14 mines and letters were sent to State Government for initiating penal action against those 14 mine lessees, the Regional Controller said.
The Regional Controller said that his office issued letter to the State Government department to initiate appropriate action against non-responsive mines (those who violate MCDR even after issue or Show cause notices, suspension orders).
“Let a copy of the response filed by the (Regional Controller) be made available and served upon the Commissioner / Secretary to Government, Industries and Commerce Department, Jammu & Kashmir,” the court said as per GNS, adding, “Status / action taken reports regarding the compliances shall be placed before us within six weeks”.
The court made it clear that if there is any violation of any statutory provisions, the authorities shall take action in accordance with law and the rules governing the field. The case has been listed on February 3.


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© Copyright 2018 brighterkashmir.com All Rights Reserved. Quantum Technologies

Owner, Printer, Publisher, Editor: Farooq Ahmad Wani
Legal Advisor: M.J. Hubi
Printed at: Abid Enterprizes, Zainkote Srinagar
Published from: Gulshanabad Chraresharief Budgam
RNI No.: JKENG/2010/33802
Office No’s: 0194-2451076, 9622924716 , 9419400056
Postal Regd No: SK/135/2010-2019
Administrative Office: Abi Guzer Srinagar

© Copyright 2018 brighterkashmir.com All Rights Reserved.