Srinagar: The J&K High Court on Wednesday directed the Commissioner/ Secretary, Industries and Commerce department, to inform the court about compliance with statutory provisions and the status of mining leases and licenses granted so far.
Hearing a plea, the court was told that the provisions of the Enforcement of Mines & Minerals (Development & Regulation) Act, 1957, Mineral Concession Rules, 1960, and the Mineral Conservation and Development Rules, 1988, have not been made applicable in Jammu & Kashmir, on the grounds that the statutory requirement of registered and qualified managers was not being complied with.
It was submitted by Advocate MI Qadri that the Regional Controller of Mines, Indian Bureau of Mines, has admitted to the violations on 14 August, 2020.
The counsel submitted that there is no information forthcoming in the response filed by the Department of Mines & Minerals regarding compliance with statutory provisions and what is the position regarding mining leases/licenses granted.
The court of Chief Justice Gita Mittal and Justice Puneet Gupta after hearing the counsel directed that a copy of the response filed by the Regional Controller of Mines, Indian Bureau of Mines, be made available and served upon the Commissioner/ Secretary to Government, Industries and Commerce Department, Jammu & Kashmir.
“Status/action taken reports regarding the compliances shall be placed before us within six weeks from today,” the court directed.
The court also made it clear that if there is any violation of any statutory provisions, the respondents shall take action in accordance with law and the rules governing the field.
The court will again hear the matter on February 3.