Urgent Call for Judicial Intervention on Environmental and Human Rights Issues in Gujarat's Mining Sector

 Ahmedabad, Gujarat, India - July 19, 2024

Dr. Bhavinkumar Shantilal Vasava, from Bharuch Gujarat, a dedicated citizen and advocate for environmental and social justice, has issued an urgent plea to the Honorable Chief Justice of Gujarat High Court, Mrs. Justice Sunita Agarwal. The letter also addressed to the Registrar General of the High Court, CMO Gujarat, PMO India, calls for immediate judicial intervention to address severe environmental degradation, human rights violations, public health and safety concerns, and governance issues within Gujarat's mining sector.

Key Issues Highlighted:

1. Environmental Degradation:
• Illegal mining and lack of regulatory oversight have led to significant deforestation and soil erosion in districts like Bharuch and Narmada including all over Gujarat.
• Water contamination from mining activities has adversely affected local communities and aquatic ecosystems.
• Air pollution due to mining operations has raised health concerns among nearby residents.
2. Human Rights Violations:
• Reports of custodial deaths and exploitation of marginalized communities in mining areas.
• Unsafe working conditions and exploitation of laborers, particularly from vulnerable communities.
3. Public Health and Safety:
• Inadequate health management for laborers in mines, quarries, and related industries.
• Unregulated quarry operations pose severe safety hazards, including accidents and landslides.
4. Governance and Corruption Issues:
• Loss of state revenue due to inaccurate pit measurements and underreporting of mineral extraction.
• Proliferation of illegal mining activities due to lack of thorough inspections.
• Ineffectiveness of committees formed to address these issues, with significant delays in action.

Requests for Judicial Intervention:

Dr. Bhavin Vasava calls upon the Gujarat High Court to:

• Enforce immediate implementation of comprehensive pit measurements as per the Gujarat Minor Mineral Concession Rules (GMMCR), 2017. Pit measurement and mine inspection have not been done for the last several years almost more than 7 years.
• Ensure public disclosure of pit measurement data for transparency.
• Impose strict penalties for non-compliance and conduct regular audits.

Supplementary Deed and Stamp Duty Concerns:

Dr. Bhavinkumar Shantilal Vasava also highlights issues regarding the collection of pending stamp duty for mining leases:

• Approximately 9000 mining leases have been operational without the collection of stamp duty since before 2016, resulting in significant financial loss to the state.
• Despite multiple grievances filed, there has been no substantial action to recover dues, with delays in processing lease extension applications.

Appeal for Immediate Action:

Given the urgency of these matters, Dr. Vasava urges the Gujarat High Court to:

• Conduct an audit and ensure accountability for the delay in stamp duty collection.
• Expedite the recovery of pending stamp duty.
• Lock online royalty accounts until compliance is ensured.
• Provide regular updates on the recovery process.

Dr. Bhavinkumar Shantilal Vasava's call to action aims to safeguard Gujarat's environmental, financial, and social well-being through stringent regulatory oversight and accountability in the mining sector.