Digging deep into the issue of illegal mining in riverbeds, the Punjab and Haryana High Court has directed the state of Punjab to file a status report on preventive steps undertaken. The  order was being passed in view of the serious allegations regarding illegal mining in riverbeds. However, it is made clear that this court has not prohibited the state authorities from permitting mining activities, in accordance with law.  Alleging illegal mining in Pathankot, Hoshiarpur and Gurdaspur districts, petitioner was seeking directions for a thorough probe and a complete halt onillegal mining. Describing it as illegal, unjust and arbitrary, counsel had submitted that it was endangering the agricultural process in nearby villages, besides threatening the environment. The illegal mining was being carried out on an enormous scale despite the lockdown after taking benefit of “lesser public scrutiny”. The auction of these sites had not taken place and illegal mining was being undertaken by the sand mafia.

Key Points

• At present, the Sustainable Sand Management Guidelines (SSMG), 2016 focus on the management of sand mining, but there was a need to have guidelines for effective enforcement of regulatory provisions and their monitoring.
• The 2020 guidelines are to be enforced simultaneously with the SSMG, 2016, in case of conflict, the new set will hold legal precedence.

Background

• The Mines and Minerals (Development and Regulation) Act, 1957 has empowered state governments to make rules to prevent illegal mining, transportation and storage of minerals.
• However, there was a large number of illegal mining cases in the country and in some cases, many of the officers lost their lives while executing their duties to curb illegal mining.
• Illegal and uncontrolled illegal mining also leads to loss of revenue to the State and degradation of the environment.

Constitutional/ Legal Framework of Mining Sector in India

• The entry at serial No. 23 of List II (State List) to the Constitution of India mandates the state government to own the minerals located within their boundaries.
• The entry at serial No. 54 of List I (Central List) mandates the central government to own the minerals within the exclusive economic zone of India (EEZ). In pursuance to this Mines & Minerals (Development and Regulation) (MMDR) Act of 1957 was framed.
• Also, the Central Government notifies certain minerals as 'minor' minerals from time to time for which the absolute powers for deciding on procedures of seeking applications for and granting mineral concessions, fixing rates of royalty, dead rent, and power to revise orders rest only with the State Government.
• Example of minor minerals include building stones, gravel, ordinary clay, ordinary sand.
• For minerals specified in the First Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 approval of the Central Government is necessary.
• Schedule I contains minerals such as coal and lignite, minerals of the “rare earths” group containing Uranium and Thorium.