NGT allows fresh petition over illegal mining on forest land in Lahaul-Spiti, Kullu districts
The National Green Tribunal (NGT) has allowed filing of a fresh petition over the alleged illegal mining in Lahaul-Spiti and Kullu districts.
The NGT bench comprising Justice Arun Kumar Tyagi and expert member Senthil Vel, in the order passed on August 10, allowed applicant Abhishek Rai to withdraw his earlier complaint after he appeared in person for a hearing in Delhi. The order was made available on Tuesday.
Rai had filed a petition on May 12 by post, after which the tribunal treated it suo motu and registered it as an Original Application(OA).
The complaint raised grievances regarding illegal mining and the installation of stone crushers on forest lands in Dhundi, Manali, Buruwa in Kullu district, and Keling Sarai, Chika Palmo, Khoksar, Gue, Zing Zing Bara-Lahaul and Roli in Lahaul and Spiti.
Rai in his plea alleged that Garg and Garg Construction Company, and Vinita Construction Company, operating in the twin districts, deployed stone crushers on forest land without obtaining mandatory permissions and clearances from the competent authorities, including the Forest and Mining Department and Himachal Pollution Control Board.
He further claimed that these companies are illegally extracting and supplying construction material to the Border Roads Organisation (BRO) on a large scale.
The complaint also alleged that they are violating mining laws, environmental norms and forest conservation regulations, asserting that these illegal activities are damaging forest land and the fragile Himalayan ecology, causing environmental degradation, pollution and loss of revenue to the State Government.
The petition further stated that in a scheduled/tribal district, a non-tribal person is legally prohibited from operating a stone crusher and that mining is prohibited within 100 metres from khuds (drains).
But all the crushers are operating within 100 metres, Rai’s OA claimed.
During the hearing, the NGT sought complete factual details concerning the grievances, particulars of the alleged violators, details of the affected land and copies of relevant supporting documents.
Rai also sought permission to withdraw the present application with liberty to file a fresh Original Application in the prescribed format, incorporating complete factual details, necessary parties and
relevant documents.
The tribunal accordingly dismissed the Original Application as withdrawn, while granting liberty to the applicant to file a fresh application on the same cause of action in accordance with law.
Rai also expressed his desire to obtain legal assistance for filing the fresh application, to which the tribunal directed him to approach the National Green Tribunal Bar Association (Principal Bench) Legal Aid Committee.
