Gujarat: Cooperative fined Rs 57 crore for unauthorised mining

In 1980, the state government had granted a lease, valid for 20 years, to GJKSML for mining limestone from 8.90 hectares (ha) at Savani village. A year before the lease period was to expire, the cooperative sought an extension for another 30 years, and the matter is still under the consideration of the Commissioner of Geology and Mining of the state government.

Based on a complaint received in December, 2017, the Geology and Mining branch of Gir Somnath initiated action against the cooperative society. A joint team of the Geology Assistant and the Surveyor inspected the area allotted to GJKSML in January, 2018, in the presence of Raysinh Barad, administrator of the cooperative and a private geologist. The survey team concluded that the cooperative had mined only 5.86 lakh mt of limestone. “However, statistics available with this office showed that 22,02,679.10 mt limestone had been mined by October, 2017. It was established that the lessee had mined 16,15,977.95 MT in an unauthorised manner,” the order notes.

The collector’s office served a show-cause notice to the cooperative. In its response filed on March, 2018, GJKSML said that it had mined 4 lakh mt of limestone before 1999 by doing ‘surface work’ on the total lease area, but in 1999, it sought a renewal of only 6.75 ha and mined around 18-19 lakh mt. However, the government team found that there were disparities between the measurement sheet prepared by the District Inspector of Land Records (DILR) and the team which granted the lease, with the former’s sheet stating the approved lease area to be 8.90 ha, whereas the actual lease area was merely 6.75 ha. “Therefore, the argument advanced by the lessee cannot be considered. Upon checking records available with this office, it emerged that the lessee had mined 2,98,982.975 mt. The submission made by the lessee is not true,” the order reads.

During further hearing of the matter, the GJKSML said it did not agree with the conclusions of the survey done in January, 2018. It further stated that the private geologist who had surveyed the lease area concluded that 22 lakh MT had been mined from the allotted land. The government did not take that report on record on the grounds that the private agency was not a recognised one. Subsequently, the cooperative society demanded a re-survey by the DILR of Gir Somnath, and the collector granted that plea. However, as no report was submitted by the DILR or the cooperative, the collector locked the virtual account of GJKSML for mining in June this year.

Eventually, the cooperative society moved a special civil application before the HC against the proceedings by the DC on July 1. Meanwhile, the DILR surveyed the area on July 11 and submitted a report on July 15, stating that mining had been done in 54,128 square metre (sqm) area, against 34,271 sqm as reported by the joint survey team. The government said that the variation only proved that the lessee had done additional mining, subsequent to the joint survey of January, 2018. Hearing the matter on July 17, the HC directed the collector to decide the matter before the next hearing on July 29.

The GJKSML further submitted that the surveying team assessed the lease area in only 45 minutes, but the collector rejected the submission, pointing out that Barad and Chaudhary (who?) had signed an inspection report, as well as a note that the survey had been carried out in January, 2018. The collector also said that their argument was without merit as the cooperative’s technical consultant was present when the process was undertaken.

Calculating the fine at a rate of Rs 320 per MT of limestone and 10 per cent administrative charges, the collector finally ordered Barad and the GJKSML president to pay the fine within 30 days.