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HC orders spot inspection into alleged deep mining in Hoshiarpur; DLSA report to determine depth

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The Punjab and Haryana High Court has ordered an on-the-spot inspection of an area in Hoshiarpur while taking up a petition alleging mining to a depth of more than 50 meters, despite the permissible mining depth being three meters.The Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Yashvir Singh Rathor directed the Secretary, District Legal Services Authority (DLSA), Hoshiarpur, to inspect the spot and submit a report on the nature and depth of mining. The report has to specify the precise locations inspected, their coordinates, the approximate depth and extent of mining.The direction came after the petitioners placed before the Bench some photographs, which demonstrated that “mining has been carried out in certain areas, which are stated to be up to a depth of ‘100’ meters”.The petitioners submitted that there was no mining permit for the activity. “Even if mining permit was there, the permissible mining is up to 3 meters only, whereas, in the present case, the mining has been carried out up to a depth of more than 50 meters,” the Bench was told. The petitioners were represented by counsel Saurav Bhatia JS Sekhon and Soumya Nayyar.After hearing the contentions and going through the documents, the Bench asserted: “The photographs prima-facie show that mining up to a great depth has been carried out at the locations, the coordinates of which have been mentioned in the photographs.”The Court consequently ordered an inspection by the DLSA Secretary, specifically directing the officer to report on the nature and depth of mining found at the site. “In such circumstances, we direct the Secretary, District Legal Services Authority, Hoshiarpur, to inspect the spot and submit a report indicating the nature of mining carried out in the area including its depth. In order to facilitate such inspection, we call upon the Deputy Commissioner, Hoshiarpur, as well as the Mining Officer to provide all necessary assistance,” the Bench observed. The report was directed to be submitted in a sealed cover within a week after the inspection.Before parting with the order, the Bench observed: “The prayer made by the petitioner for referring the matter for investigation to CBI, would be considered after perusing the report of the Secretary, DLSA, Hoshiarpur.” The matter has been listed for September 17. 

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