Submitting a report relating to illegal mining and crushing in the Margalla Hills National Park on Wednesday, the Punjab government informed the Supreme Court that out of buffer zone a total of 53 blocks have been announced for quarrying. A two-member bench of the Supreme Court headed by Chief Justice Anwar Zaheer Jamali resumed hearing on a suo motu case regarding stone crushing in Margalla Hills.
Mining and crushing in the Margalla Hills National Park
The government of Punjab said in the report that not a single lease has been granted after the establishment of buffer zone whereas quarrying is allowed for building of bridges and roads.
In compliance of the court's earlier order, Assistant Advocate General Punjab, Mudassar Khalid Abbasi, submitted a report stating that not a single lease had been granted after establishment of buffer zone.
Director General Mines submitted before the bench that stay orders had been granted by courts to crushing units leases to which the bench said that its earlier order of June 3, 2016 was modified to the extent that it would not affect the mining lease in 53 blocks. The court ruled that mining cannot be allowed in buffer zones and national parks areas as categorised in A, B and C.
During the course of proceedings, Justice Jamali observed that whenever they visit Taxilla, they find that the authorities had destroyed the Margalla Hills. "We don't want to make people jobless but we have to protect the environment," Chief Justice Jamali observed.
DG Mines, however, submitted that the stone they use in building of bridges and roads were only available in Taxilla and Sargodha saying that the stone is also an important ingredient for China Pakistan Economic Corridor. However, the Chief Justice remarked that the court did not intend to halt mega projects which are in the interest of the country but rules prescribed for healthy environment must be followed.
Barrister Aitzaz Ahsan, counsel for Fecto Cement, argued that despite having valid lease, the police was making hurdles for his client to which the court asked him to invoke the relevant forum for remedy.
Ali Zafar, counsel for stone crushing association, Waqar Rana, Additional Attorney General for Pakistan and provincial law officer for Khyber Pakhtunkhwa also appeared before the bench saying that in pursuance of the court earlier directives they had submitted their respective replies. However, the bench said that it would examine the replies on next date of hearing and adjourned the case till August 5.
A copy of the report, submitted by the Punjab government available with the Business Recorder said; As regards, the order dated 25.10.2013 of the Supreme Court of Pakistan, it was to the extent of National Park falling within the territorial limits of ICT whereas for the sanctity of ICT boundary and National Park, answering Department created a Buffer Zone of 1000 yards from the ICT boundaries extending into Rawalpindi district wherein all kinds of crushing and mining activities were banned.
As a result of creation of above-said Buffer Zone, 109 blocks/mining leases of limestone were deleted from future auction due to which this Provincial Government had to sacrifice substantial revenue.
The creation of Buffer Zone was challenged by the crusher owners before different Courts and the Department defended it vigorously resulting in upholding of Buffer Zone. Moreover, for stoppage of illegal mining of limestone in Buffer Zone and its surrounding area, this Department left no stone unturned to achieve the noble objective and in this regard, 227 F.I.Rs. were lodged with Police Station, Taxila against the accused involved in illegal mining of limestone.
Besides this, recoveries were also raised on account of unauthorised mining against the persons responsible for unauthorized work. IESCO Authorities were repeatedly requested to disconnect the electricity connections of unlawfully operated crushing units. Since the regulation of explosives was not within the purview of Mines & Minerals Department, as such, the Explosives Department of Federal Government was time and again, requested to take action against the culprits using explosives unlawfully. Cooperation of the District/Divisional Administration, Rawalpindi and Environmental Protection Department was also sought time to uproot the illegal activities from the Buffer Zone and its surrounding areas.
The mining/crushing operations in the Buffer Zone as mentioned above are completely banned, however, outside the buffer zone, the mining leases of limestone can be granted under the Punjab Mining Concession Rules, 2002. About 53 newly created blocks/mining leases are likely to be advertised in press shortly for grant of mining lease through open auction in near future.