The Punjab and Haryana High Court has directed the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry into alleged large-scale illegal mining in Hoshiarpur district and ensure a detailed drone survey was carried out and 3D satellite imagery was obtained to ascertain changes in the affected areas over time.The directions followed a report submitted by the Chief Judicial Magistrate-cum-Secretary, District Legal Services Authority (DLSA), Hoshiarpur, which confirmed allegations of large-scale mining at several locations, with indications that at the depth of the mining was ranging between 20 and 110 feet.The Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said it was “prima facie convinced that the authorities concerned, who were required to ensure the prevention of such large-scale and rampant illegal mining, have utterly failed to carry out their responsibilities”.The Bench added the allegations of “collusion of the State authorities with the persons responsible for such large-scale destruction of the ecology” could not be brushed aside lightly. Keeping in view the larger public interest involved, the Bench said it deemed it appropriate that a detailed and thorough inquiry was carried out by an independent agency.“We, therefore, direct respondent-CBI to carry out a preliminary inquiry in the matter, in order to ensure that all persons responsible for such large-scale and rampant destruction of the ecology and environment are identified and can be held accountable,” the Bench added.Drone survey and satellite imagery orderedThe CBI was also directed to ensure a detailed drone survey was carried out and 3D satellite imagery was obtained from Google Earth, ISRO or any other credible source so that “the periodic changes that have occurred in the area, can be clearly ascertained”.The Bench made it clear that the agency might seek assistance from the district administration, the Department of Mines and Geology, expert bodies and institutes, and any department or Ministry of the Union Government to facilitate the inquiry and prepare the report on the survey and satellite imagery. The court directed that “all the expenses that are required for compliance of the directions issued by us, shall be borne by the State of Punjab”.The petitioner, Rahul Manchanda, was represented in the matter by advocates Saurav Bhatia, Soumya Nayyar, Jasinder Sekhon, and Navdeep Khokhar. DLSA report records deep excavations, alleged attempts to mislead inspection teamThe DLSA report dated September 14 recorded mining at several villages, including Sandhwal, Naushahra Simbli, Dewal, Sariana, Waziran, Godho, Bringli, Dhulal, Bhatehar, Dhol Kalota, Alera, Amroh, Basantpur, Asifpur, Jugial, Parelian and Siparian. The depth at some locations could not be ascertained because the pits were filled with water or the sites were difficult to access.The report stated that the inspection team encountered passages that “did not seem to be the passagesState affidavit recorded 26 operational crushers but no operational mining sitesThe court had earlier sought details after photographs placed on record prima facie indicated erosion of hills and large-scale mining. In its affidavit, the Executive Engineer-cum-District Mining Officer, Hoshiarpur, stated that none of the approved commercial mining sites, landowner mining sites or crusher mining sites in the district was operational. The affidavit also recorded that 31 stone crushers were registered in the district, of which 26 were operational. No credible data or information was placed before the Court explaining the source of raw material for these crushers.“The petitioner has placed further material on record, including satellite imagery and photographs, along with his replication, which prima facie indicates large-scale mining with JCB machines/tippers depicting formation of huge craters and complete destruction of the ecology of the area,” the Bench observed.The backgroundThe petition, filed under Article 226 of the Constitution, had sought a thorough, impartial and time-bound investigation into alleged large-scale illegal mining in Hoshiarpur, alleging connivance by officials of the Department of Mines and Geology and the Punjab Pollution Control Board.The Bench, during the course of hearing, recorded that the State questioned the petitioner’s locus to maintain the petition. While observing that it was not satisfied with the petitioner’s credentials, the Bench proceeded to examine the matter in view of the public interest involved, stating that “the predominant public interest which is highlighted before the Court, persuades us to enter into the cause raised in the present matter, so that the overwhelming public interest is protected”.


