Why not put the onus on mining dept, HC asks state

LUCKNOW: The Lucknow bench of Allahabad high court has asked the state government as to why the mining department be not treated as project proponent that should carry out the duty of obtaining the required pre-environmental clearance certificate before grant of lease.

The state opinion was sought by a division bench comprising chief justice Shiva Kirti Singh and justice D K Upadhyaya while hearing a public interest litigation filed by a local journalist, Jagdish Narain Shukla on Friday.

The court was earlier of the view that UP Minor Minerals (Concession) Rules, 1963 ought to be amended, with the view to ensure that no mining took place without a valid pre-environmental clearance certificate.

On behalf of the state government, additional advocate general Bulbul Godiyal, along with chief standing counsel IP Singh informed the court that some amendments to the mining Rules of 1963 treated as 36th amendment were under contemplation and they were likely to take concrete shape within four weeks.

The bench, while hearing the matter of Durga Shakti Nagpal, was of the view that rules relating to mines and minerals in UP should be amended.

The bench was of the opinion that in order to prevent illegal mining by the lessee during the interregnum period when he is in anticipation of getting environmental clearance from the competent authority, the relevant rules should amended.

The matter has been fixed for hearing after four weeks.

THE BENCH, WHILE HEARING THE DURGA MATTER, SAID THAT MINING RULES IN UP SHOULD BE AMENDED.