High Court Mandates Site Inspection for Illegal Mining in Haryana
The Punjab and Haryana High Court has taken a firm stance against illegal mining activities on private land in Charkhi Dadri, Haryana, with concerns that these operations may be encroaching into the ecologically sensitive Aravali belt. In a significant order passed on Tuesday and made available on Friday, the court has directed the mining officer and collector of Charkhi Dadri to conduct thorough site inspections and file personal affidavits to verify the facts on record.
Court's Directives and Allegations
A division bench comprising Justices Ashwani Kumar Mishra and Rohit Kapoor issued these directions while hearing a petition filed by Manoj Kumar and another resident of Gudana village. The petitioners have accused two mining entities of excavating beyond the sanctioned lease area, leading to serious environmental and legal violations. The court emphasized the gravity of the allegations, stating that they warrant physical verification and sworn statements by senior district officials to ensure compliance with mining rules, environmental clearance conditions, and the approved mining plan.
The order explicitly stated: "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."
Details of the Illegal Mining Case
According to the petition, illegal and unauthorized mining has occurred over 31 kanals and 2 marlas, approximately 3.8 acres, of private land owned by the petitioners and co-sharers. This activity violates the mining lease, approved plan, environmental clearance, and the Haryana Minor Mineral Rules. The original lease holder was penalized Rs 83.09 lakh for illegally excavating and disposing of around 43,228 metric tonnes of mineral, but this amount was never paid. Following the termination of that lease, another firm acquired it through open auction in October 2023 and allegedly continued the illegal excavation on the petitioners' land.
A DGPS-based demarcation conducted by a local commissioner conclusively established the illegal mining over the specified area. The report, dated May 29, 2025, along with a site map, was not challenged and has attained finality. Petitioner Manoj Kumar expressed frustration, saying, "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 and Broader Impacts
The land in question is adjacent to the revenue estate of village Pichopa Kalan, where a mining lease over 20.4 hectares was previously granted. The petitioners have also alleged that mining operations have spilled over into adjoining Aravali and forest areas, exacerbating environmental damage in this ecologically sensitive region. They claim that private land, trees, and local water sources have all been affected, with broader activity impacting green cover and water resources in the Aravali foothills.
Kumar added, "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." The petition further accuses authorities of failing to assess fair market rent and compensation or to utilize Rehabilitation and Restoration and District Mineral Foundation funds for restoring the damaged area, despite repeated representations. It argues that this continued inaction violates constitutional protections.
Legal Proceedings and Official Responses
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, with the present case to be heard alongside that petition. Notice of motion has been issued to the state and other respondents, including the mining firms. Additional advocate generals representing 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 the private respondents for the same date.
In response to the allegations, forest department officials have initiated a field survey to independently 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." Further action will be based on the findings of this survey.
