HC orders site inspection & probe into illegal mining on pvt land near Aravalis
GURGAON: Cracking down on illegal mining on private land, possibly spilling over to the eco sensitive Aravali belt, Punjab and Haryana High Court has directed the Charkhi Dadri mining officer and collector to conduct site inspections.
They must file personal affidavits placing verified facts on record, while also ensuring compliance with mining rules, environmental clearance conditions, and the approved mining plan, the court said in an order passed on Tuesday and made available on Friday.
The court's directions came while hearing a petition filed by Manoj Kumar and another resident of Gudana village, where it noted allegations against two mining entities for excavating beyond the sanctioned lease area. A division bench of justices Ashwani Kumar Mishra and Rohit Kapoor said the seriousness of the allegations warranted physical verification and sworn statements by senior district officials. The matter was heard on Tuesday, with the order made available on Friday.
"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," the order said.
The petitioners alleged illegal and unauthorised mining over 31 kanals and 2 marlas (approximately 3.8 acres) of their land and that of co-sharers, in violation of the mining lease, approved plan, environmental clearance and the Haryana Minor Mineral Rules.
According to the petition, the original lease holder carried out mining beyond the permitted area, following which a penalty of Rs 83.09 lakh was imposed for illegally excavating and disposing of around 43,228 metric tonnes of mineral. The amount, the petitioners said, was never paid. The lease was later terminated and subsequently allotted to another firm through open auction in October 2023, which, the plea said, also entered the petitioners' land and continued illegal excavation.
The petition further said that a DGPS-based demarcation conducted by a local commissioner conclusively established illegal mining over 31 kanals and 2 marlas belonging to the petitioners. The demarcation report dated May 29, 2025, along with a site map, was not challenged and attained finality. "Our land has been dug up despite clear demarcation.
Even after the report confirmed illegal mining, no effective action was taken on the ground," petitioner Manoj Kumar said. "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."
The land in question lies adjacent to the revenue estate of village Pichopa Kalan, where a mining lease over 20.4 hectares was earlier granted. Petitioners also alleged that mining operations spilled over into adjoining Aravali and forest areas, aggravating environmental damage in an ecologically sensitive belt.
While the DGPS demarcation conclusively established illegal excavation on privately owned land, the plea said the broader activity impacted green cover and local water resources 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 said.
The petition also accused authorities of failing to assess fair market rent and compensation or to utilise Rehabilitation and Restoration and District Mineral Foundation funds for restoring the damaged area, despite repeated representations. It alleged substantial damage to private land, forest area, green cover and water resources, arguing that continued inaction violates constitutional protections.
The bench also recorded that it already took cognisance of illegal mining in an adjoining village in a connected matter, and fixed Feb 25, 2026, for further hearing. The present case will be heard along with that petition.
Notice of motion was issued to the state and other respondents, including the mining firms. Additional advocate generals appearing for Haryana accepted notice on behalf of the state and certain official respondents and sought time to file replies. Notices were also issued to the private respondents for Feb 25, 2026.
Forest department officials told TOI they began a field survey to independently verify the demarcation on the ground and assess whether any portion of the adjoining Aravali landscape was encroached upon due to mining activity.
"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," a senior forest official said, adding that further action would be taken based on the findings.
The court's directions came while hearing a petition filed by Manoj Kumar and another resident of Gudana village, where it noted allegations against two mining entities for excavating beyond the sanctioned lease area. A division bench of justices Ashwani Kumar Mishra and Rohit Kapoor said the seriousness of the allegations warranted physical verification and sworn statements by senior district officials. The matter was heard on Tuesday, with the order made available on Friday.
"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," the order said.
The petitioners alleged illegal and unauthorised mining over 31 kanals and 2 marlas (approximately 3.8 acres) of their land and that of co-sharers, in violation of the mining lease, approved plan, environmental clearance and the Haryana Minor Mineral Rules.
According to the petition, the original lease holder carried out mining beyond the permitted area, following which a penalty of Rs 83.09 lakh was imposed for illegally excavating and disposing of around 43,228 metric tonnes of mineral. The amount, the petitioners said, was never paid. The lease was later terminated and subsequently allotted to another firm through open auction in October 2023, which, the plea said, also entered the petitioners' land and continued illegal excavation.
Even after the report confirmed illegal mining, no effective action was taken on the ground," petitioner Manoj Kumar said. "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."
The land in question lies adjacent to the revenue estate of village Pichopa Kalan, where a mining lease over 20.4 hectares was earlier granted. Petitioners also alleged that mining operations spilled over into adjoining Aravali and forest areas, aggravating environmental damage in an ecologically sensitive belt.
While the DGPS demarcation conclusively established illegal excavation on privately owned land, the plea said the broader activity impacted green cover and local water resources 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 said.
The petition also accused authorities of failing to assess fair market rent and compensation or to utilise Rehabilitation and Restoration and District Mineral Foundation funds for restoring the damaged area, despite repeated representations. It alleged substantial damage to private land, forest area, green cover and water resources, arguing that continued inaction violates constitutional protections.
The bench also recorded that it already took cognisance of illegal mining in an adjoining village in a connected matter, and fixed Feb 25, 2026, for further hearing. The present case will be heard along with that petition.
Notice of motion was issued to the state and other respondents, including the mining firms. Additional advocate generals appearing for Haryana accepted notice on behalf of the state and certain official respondents and sought time to file replies. Notices were also issued to the private respondents for Feb 25, 2026.
Forest department officials told TOI they began a field survey to independently verify the demarcation on the ground and assess whether any portion of the adjoining Aravali landscape was encroached upon due to mining activity.
"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," a senior forest official said, adding that further action would be taken based on the findings.
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