Patna HC orders carrying out mining activities in accordance with old rules
PATNA: The Patna high court on Monday ordered that all mining activities in Bihar, including sand lifting, would be carried out in accordance with the unamended old rules.
A division bench of chief justice Rajendra Menon and justice Anil Kumar Upadhaya also directed officers concerned of the state mining department to submit their replies to charges of “overreaching” the court order staying operations of the new Bihar Minor Minerals Rules 2017.
The replies should be submitted in affidavits by December 18, the next date of hearing, the court said.
The bench was hearing interlocutory applications, alleging that the mining department was issuing various orders “overreaching the court’s stay”. Petitioners Pushpa Singh and others also claimed that the department had closed the website and stopped issuing e-challan, thereby bringing their entire business to a halt.
Earlier on November 27, the court, while hearing a bunch of analogous petitions filed by Singh and others, had stayed the execution of the new Bihar Minor Minerals Rules 2017.
The petitioners had challenged the validity of the new rules, claiming that these were not in accordance with the Mines and Minerals (Development and Regulation) Act, 1957 and the Essential Commodities Act, 1955.
The new rules were introduced by the Nitish Kumar government after the JD(U) and the BJP joined hands on July 27.
The impact of the law has been that sand mining has been restrained, resulting in temporary lay off of thousands of people, including labourers, transporters and the realty sector being hit to the extent that both public and rivate constructions have stopped.
Meanwhile, in a related development, 50 persons were injured when police and miners engaged in sand mining clashed at Chirand in north Bihar’s Saran district.
The clash ensued when police team initiated the process to confiscate sand excavated in defiance of the state law, banning illegal and unlicensed sand mining.
The police had to fire 50 rounds in the air and lob teargas shells, besides resorting to baton charge to disperse the unruly mob, which was protesting the seizure of sand in defiance of the state law, banning such illegal and unlicensed activity.
Saran DM Harihar Prasad denied firing and said police lobbed teargas shells resorted to a mild lathicharge to bring the situation under control.
In Rohtas district of west Bihar, five policemen were injured when supporters of mining mafia pelted stones on them in Adamapur mining area in Sasaram Mufassil police station area on Monday morning.
The incident took place when a mining department team, led by mining inspector Dharmveer Singh, reached there and seized a stone chips-laden tractor.
A case under Mining Act and relevant sections of the Indian Penal Code had been registered against the tractor owner and the driver. A separate case had been lodged against those who attacked the police team.
HC WAS HEARING APPLICATIONS ALLEGING MINING DEPARTMENT WAS ISSUING VARIOUS ORDERS ‘OVERREACHING THE COURT’S STAY’