NGT expresses displeasure on reports filed to monitor ‘illegal mining’ along Kiratpur–Sundernagar highway

Saini moved his application before the tribunal in August 2023 and admitted it as an Original Application (OA) in March 2024.

In its October 15 order, the tribunal stated, “In the present case we find laxity on the part of the concerned authorities in making requisite inspections and carrying out proper monitoring and taking appropriate remedial action. The Rule 3 of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 was amended… by insertion of Clause (III) which provides that ‘the removal of clay/soil up to a depth of 1.5 meter from the general ground level for the purpose of development of agricultural land and plot in private land shall not be treated as mining activities’.”

Mentioned that “incompleted reports” have been filed, the NGT further stated: “It may be observed here that letter dated September 9, 2025, written by Additional Deputy Commissioner, Mandi on behalf of the Deputy Commissioner, Mandi, to Divyanshu Kumar Srivastava, Panel Counsel has been filed before this Tribunal by attaching index mentioning the same O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P Ors. 35 to be reported on behalf of Deputy Commissioner, Mandi. We express our displeasure at the filing of reports in such a manner without following the rules framed in this regard”.

The tribunal’s Principal bench, headed by Justice Arun Kumar Tyagi and Expert Member Dr Afroz Ahmad, further directed the Himachal Pradesh Chief Secretary to issue instructions within three months to all Deputy Commissioners and relevant authorities to ensure that no illegal mining or hill scraping takes place, and that no plot development work is carried out on private land without necessary permissions from the Town and Country Planning Department.

Further, the National Highways Authority of India (NHAI) and the Town and Country Planning Department have been instructed to verify facts and take legal action against landowners involved in the excavation at all six identified sites within three months and to file compliance reports thereafter.

The NGT also ordered that the penalty of Rs 1.32 lakh imposed by the District Mines Officer, Bilaspur, and the environmental compensation of Rs 1 lakh levied by the HPSPCB be utilised for remediation of environmental damage within six months. The HPSPCB has been directed to prepare an action plan for utilisation of these funds and to conduct periodic inspections to prevent future violations.

A joint committee was earlier constituted to examine the allegations of cutting and excavation activities at six locations along the four-lane — near Pungh (Dear Café & Lounge), near Jio Petrol Pump, at village Chamukha, Jarol, near the entry of Tunnel No. 4, and at Dehar near Baloh Toll Plaza in Mandi district. The committee noted that plot development work had been carried out on private lands at five of these sites, while at the sixth location, historical traces of cutting activities were found.