SHC bars mining on Karoonjhar Hills

In one of its historic judgments, the Sindh High Court (SHC) has barred any mining and excavation activity on the Karoonjhar Mountains in Nagarparkar, Tharparkar district, which are believed to contain vast deposits of granite and China clay.

A two-judge bench comprising Justice Muhammad Shafi Siddiqui and Justice Arshad Hussain Khan, in its 15-page order, stated that the Sindh Mines and Minerals Department does not enjoy jurisdiction over that mountain range because it is a protected heritage site unlike any other site for mining or excavation.

The order was given on the separate petitions filed by advocate Shankar Lal and Munawar Ali Sagar. Advocates Sajjad Ahmed Chandio and Ishrat Ali Lohar were amici curiae of the court.

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“The site Karoonjhar hills isn't available for excavation of any nature whatsoever except excavation for discovering historical monuments and that too after following the international guidelines and archaeological department,” the court order reads. “[The] entire range of Karoonjhar hills is 'one monument' under the law and [it] can't be divided into pieces and portions and to make some part of it available for any prohibited excavation.”

The court observed that the exercise of excavation for mining will destroy the mountains' natural beauty besides badly affecting its topography. “It's a matter of grave concern that despite international conventions over the exploitation of minerals, oil and gas on the heritage sites, the responsibilities haven't been shouldered properly,” the bench observed, referring to the campaign of International Union for Conservation of Nature (IUCN). The judges lamented that the authorities tend to wake up only when such sites become subjected to destruction.

The judges stated that there are 10 different laws which somehow pertain to the mountain range and its protection. The hills are also supposed to be protected under the Sindh Environmental Protection Act, 2014, as well as under Section 3 of the Sindh Mines and Minerals Governance Act, 2021, which prohibits issuing licenses for such sites. The same restriction is also mentioned in Sindh Mining Concession Order, 2007. Its Section 25 specifically mentioned Karoonjhar Mountains where no mining or excavation lease can be granted.

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The bench underlined that the Antiquity Act, 1975 provided for protection and preservation of ancient antiquities but the law is seldom followed. The court also pointed out that the Sindh Wildlife Protection, Preservation, Conservation and Management Act, 2020, bars mining activities in the area like Karoonjhar to prevent “ecocide” to the natural habitat and ecosystem. The said act was enacted keeping in view the international commitments.

The court underscored that Karoonjhar is mentioned among the list of 26 heritage sites in the country which include Badshahi Mosque, Tombs of Jahangir, Asif Khan and Akbar Sarai; Hiran Minar, Ranikot Fort, and Chaukandi Tombs, among others. “... the officials of the provincial government responsible for the preservation are bent upon eliminating each one of them.”

A high level committee of the Sindh government, headed by provincial secretary mines, on January 30, 2020, recommended that the seven companies which had been giving granite mining leases over 624 acres on Karoonjhar should be given alternate sites outside that area. The same committee had put forward that other leases of mining China clay, fuller earth and iron ore on 25,000 acres should also be shifted.

The Karoonjhar range consists of 109 hills and many of them have their separate names given by the local communities. “At some point in the past the followers of Jain religion considered this range as a sacred place and [they had] constructed hundreds of temples.” For centuries this mountain range remained a centre of worship of the Jain religion. The fort of Parinagar, which provided sea connectivity to Karoonjhar, was established in the 5th century BC.

Published in The Express Tribune, October 20^th, 2023.