High Court Takes Stern Action Against Illegal Mining in Ecologically Sensitive Aravali Region
In a significant move to curb unlawful excavation activities, the Punjab and Haryana High Court has issued stringent directives to district authorities in Charkhi Dadri. The court has mandated immediate site inspections and personal affidavits from senior officials to address allegations of illegal mining operations that may be encroaching upon the environmentally fragile Aravali belt.
Court Directs Physical Verification and Sworn Statements
A division bench comprising Justices Ashwani Kumar Mishra and Rohit Kapoor has called upon the Charkhi Dadri mining officer and district collector to conduct thorough physical inspections of the contested area. The officials must file personal affidavits presenting verified facts while ensuring strict compliance with mining regulations, environmental clearance conditions, and approved mining plans.
The court's order, passed on Tuesday and made available on Friday, emphasized: "Considering the seriousness of allegations made, we call upon the mining officer as well as collector of Charkhi Dadri to get the area inspected and file their personal affidavits clarifying the facts and also to ensure that the provisions of the Minor Mineral Rules as well as environmental clearance certificate and mining plan are duly complied with."
Petitioners Detail Extensive Illegal Excavation
The court's intervention came during proceedings on a petition filed by Manoj Kumar and another resident of Gudana village. The petitioners have accused two mining entities of excavating beyond their sanctioned lease areas, specifically targeting approximately 3.8 acres (31 kanals and 2 marlas) of private land belonging to the petitioners and co-sharers.
According to the petition, the violations include:
- Mining beyond permitted boundaries in violation of the lease agreement
- Disregard for approved mining plans and environmental clearances
- Non-compliance with Haryana Minor Mineral Rules
- Failure to pay a previously imposed penalty of Rs 83.09 lakh for illegal excavation of 43,228 metric tonnes of mineral
The original lease was terminated after these violations, but the petitioners allege that a subsequent firm, which acquired the lease through open auction in October 2023, continued the illegal excavation on their property.
Conclusive Evidence from DGPS Demarcation
A critical development in the case emerged from a DGPS-based demarcation conducted by a local commissioner. The survey, dated May 29, 2025, conclusively established illegal mining activities over the 31 kanals and 2 marlas of petitioners' land. The accompanying site map and report were not challenged and have attained finality.
Petitioner Manoj Kumar expressed frustration: "Our land has been dug up despite clear demarcation. Even after the report confirmed illegal mining, no effective action was taken on the ground. The first lessee never paid the penalty, and after the lease changed hands, mining continued on our property. We ran from office to office for months."
Environmental Concerns in Aravali Foothills
The petition raises alarming environmental concerns, alleging that mining operations have spilled over into adjoining Aravali and forest areas. This unauthorized activity threatens to exacerbate ecological damage in this sensitive region, impacting green cover and local water resources.
The land in question lies adjacent to the revenue estate of village Pichopa Kalan, where a mining lease over 20.4 hectares was previously granted. The broader mining activity has reportedly affected private land, trees, and local water sources in the Aravali foothills.
"Private land, trees and local water sources have all been affected. What we are asking for is simple: stop the illegal mining and restore what was destroyed," Kumar emphasized.
Authorities' Response and Forest Department Survey
The petition further accuses authorities of failing to assess fair market rent and compensation or utilize Rehabilitation and Restoration and District Mineral Foundation funds for restoring the damaged area, despite repeated representations.
Forest department officials have initiated an independent field survey to verify the demarcation on the ground and assess whether any portion of the adjoining Aravali landscape has been encroached upon due to mining activity.
A senior forest official stated: "Our teams are carrying out a site inspection to establish the exact boundaries and check if forest or Aravalli land has been affected. The survey will help determine whether there was any encroachment beyond the sanctioned lease and private holdings."
Legal Proceedings and Future Hearings
The bench noted that it has already taken cognizance of illegal mining in an adjoining village in a connected matter. The court has fixed February 25, 2026, for further hearing, when the present case will be heard alongside that petition.
Notice of motion has been issued to the state and other respondents, including the mining firms. Additional advocate generals appearing for Haryana have accepted notice on behalf of the state and certain official respondents and have sought time to file replies. Notices have also been issued to private respondents for the February 2026 hearing.
The court's decisive action underscores the growing judicial scrutiny of environmental violations and illegal mining activities in ecologically sensitive regions, setting a precedent for stronger enforcement of mining regulations and environmental protections.
