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HC summons Ludhiana DC over ‘collapse’ of roads, schools, embankments in mining zone

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Less than a fortnight after an on-the-spot inspection was ordered amid allegations of rampant illegal sand mining along the Satluj riverbed, the Punjab and Haryana High Court has come down heavily on the district authorities for the apparent “complete collapse of the public infrastructure” before summoning Ludhiana Deputy Commissioner (DC).He has been asked to remain “personally present” and explain the circumstances in which “public interest is shown to be thrown to the winds”.The direction came after a court-appointed “Advocate-Commissioner” flagged non-existent roads, damaged embankments, sewage overflow near a school and alleged obstruction of inspection by releasing water into the mining zone just before the visit.“Let a copy of this order be placed before the Chief Secretary, Punjab, who shall also look into the matter and ensure that the damaged roads/embankments are restored forthwith. The Deputy Commissioners of the districts concerned and the District Mining Officer are directed to personally monitor and ensure that no illegal mining is allowed in the area and the heavy tippers are not to be allowed to enter the area for mining,” the Bench of Justice Ashwani Kumar Mishra and Justice Rohit Kapoor ruled.The court was hearing a petition concerning the alleged illegal mining of sand and “misuse of the embankment/Dhusi Dam falling within the revenue limits of Burj Tehal Dass and Begowal villages over River Satluj”.Advocate Commissioner’s report exposes severe ground conditionsAs the matter came up for resumed hearing, the Bench observed that the report submitted by Advocate-Commissioner Nitin Kaushal showed that the State highway, the embankments and the roads were in a “pathetic” situation.“The report further records that just two days before the inspection, water was released in the mining area so that it got flooded and the inspection became impossible,” the Bench observed.The court added the photographs ––placed along with the report ––showed that the roads were non-existent.“On account of the movement of heavy tippers, the sewage system has collapsed in front of the school, as a result of which the sewage water is flowing in front of the school. The condition of the school is also shown to be inhabitable to say the least,” the Bench added.Admonishing the district authorities, the court added the report showed “an extremely callous approach” to the concerns of vital public interest, as a result of which roads have disappeared, sewage water is flowing on the main road and dilapidated school buildings have been made inaccessible.Describing the allegations as “very serious”, the Bench fixed the matter for further hearing on May 27.Referring to an affidavit filed by the respondent-state, the Bench on the previous date of hearing had observed it was contended that sand was being extracted pursuant to the desilting of the river and illegal mining was not taking place.“In response to the reply filed by the State, the petitioners have filed an affidavit annexing various photographs, according to which rampant illegal mining is taking place and the Dhusi Dam has also suffered damage. It has further been pointed out that all the roads have been completely damaged and that children are unable to go to their schools,” the Bench observed.Considering the factual issues raised, the Bench asserted it deemed it appropriate to appoint Advocate-Commissioner of this Court to inspect the site and submit a report. The High Court then appointed advocate Nitin Kaushal as Advocate-Commissioner to visit the site and furnish a report before the court.“The Advocate-Commissioner will gather information as to whether the children studying in the nearby schools have access to their villages by any alternative routes. We also direct the Deputy Commissioner concerned and the Superintendent of Police to ensure that proper administrative and police support is extended to the Advocate-Commissioner during his inspection in the area,” the Bench observed.The matter has now been adjourned to May 27.

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