Allowing quarrying: SC unhappy with K-P govt

Crushers can continue work while leases renewal applications are in process

ISLAMABAD: The country’s top court has taken strong exception to renewal of leases by stone crushers by the Khyber-Pakhtunkhwa (K-P) government after the expiry of the agreements.

A three-judge Supreme Court bench, headed by Chief Justice Anwar Zaheer Jamali, sought on Tuesday a list of cases where status quo has been granted by the Peshawar High Court over the provincial government’s decision to refuse requests for the mining lease.

The bench as hearing a suo motu case over illegal stone crushing, mining and felling of trees in the Margallas.

The CJ asked the provincial law officer to provide a list of cases so that they could summon files ahead of a verdict.

K-P Additional Advocate-General Arshad Jan, however, submitted that the provincial Mines and Minerals director-general has granted three mining concessions, adding that under the law, if the lease agreement expires, the firm can apply for renewal and can continue mining till a decision is made on its application.



He submitted that lease for mining limestone over an area of 51.823 acres near Bashkoli village in Abbottabad had expired on September 6, 2014, and that the firm applied for renewal under the provisions of the Mining Concession Rule 2005.

Another lease for limestone over an area of 51.74 acres near Bashkoli village was valid until August 29, 2015. Likewise, lease for around 28 acres was granted in the same area and that expired on March 13, 2011, but mining is still ongoing because the firm has applied for renewal.

The chief justice asked the mines secretary why he should not be suspended for granting permission in the absence of valid lease agreements.

He also remarked that it is good to get “monthly” (running bribes) and allow mining, adding that it would not be in the legislature’s mind that the particular clause for allowing mining during the pendency of renewal applications would be misused in such a way.



He also questioned why decisions have not been taken on applications pending for the last five years.

Justice Sheikh Azmat Saeed termed the lease concession “criminal” act.

Jan told the bench that the provincial government had decided to introduce new law soon to replace the Mining Act 1923.

Earlier, the K-P government submitted a report expressing its inability to take action against stone crushing on private land. The report says that only Lora falls in K-P, and in the area, land used for quarrying stone is private property and is not part of any classified forest.

Meanwhile, Aitzaz Ahsan and Ali Zafar who represented the stone crushers requested the bench to allow them to plead as a party in this case.

According to them, the stone crushing activity takes place outside the Margallah Hills National Park area.

The bench issued notices to Punjab, K-P and the Islamabad Capital Territory (ICT) over their applications and adjourned until June 22.

Published in The Express Tribune, June 15^th, 2016.