KULDEEP KUMAR KOHLI
RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404
E MAIL: KULDEEP.KOHLI55@GMAIL.COM
12th
October, 2016
Principal Secretary
Mines
and Geology Department,
Government
of Haryana,
30 Bays
Building,
1st
Floor, 17 – B, Haryana,
Chandigarh
Director General
Mines
and Geology Department,
Government
of Haryana,
30 Bays
Building,
1st
Floor, 17 – B, Haryana,
Chandigarh
SUBJECT: NO PERMISSION IS REQUIRED FOR CONSTRUCTION OF BOUNDARY WALL AND
BUILDING TO BE USED FOR THE PURPOSES OF AGRICULTURE AT ANSALS ARAVALI RETREAT, VILLAGE RAISINA, TEHSIL SOHNA, GURGAON HENCE NO
VIOLATION OF:
1. Supreme court order in I.A. no. 12-13 of 2011 in
Special leaves petition © No. 19628-19629 of 2009 in the matter of Deepak Kumar
etc. Vs. State of Haryana and others.
2. Ministry of Environment, Forest and Climate Change
Notification No. SO 141€ dated 15th January 2016.
3. Haryana Government, Town & Country Planning
Department Notification No. CCP(NCR)/DDP/BERI-2031/2014/10 dated 2nd
January 2014
………………………………………………………………………………….
Dear Sir,
The Punjab Scheduled Roads and Controlled Areas
Restriction of Unregulated Development Act, 1963 was enacted to prevent
haphazard and substandard development along Scheduled Roads and in Controlled
Areas in the State of Haryana.
The term agriculture” as per Section 2(1) of the Act
ibid is defined as “agriculture includes horticulture, dairy farming, poultry
farming and the planting and up keep of an orchard.”
It further reads:
Thus every person desiring to construct a building
in the Controlled area has to get permission for change of land use (from
agriculture to other purposes) from the Director. However no such
permission is necessary, if such building is used or is to be used for
agriculture purposes or purposes subservient to agriculture.
As per provisions of Section 6 of the Act ibid, no
personal shall erect or re-erect any building or make or extend any excavation
or lay out any means of access to a road in a controlled area save in
accordance with the plans and restrictions and conditions referred to in Sector
5 and with the previous permission of the Director.
Provided that no such permission shall be necessary
for erection or re-erection of any building if such building is used or is to
be used for agricultural purposes or purposes subservient to agriculture.
Notification No M 342/2013/8/1/2014-2TCP dated
14.1.2014 issued by the Principal Secretary to the Government of Haryana, Town
& Country Planning, Haryana, Chandigarh also mentions non requirement of
any type of NOC from the office of the Town & Country Planning. A copy of
the notification is enclosed herewith for your ready reference. (Annexure 1)
Town & Country Planning Department, Haryana
Government, Notification No CCP (NCR)/DDP/BERI-2031/2014/10 dated 2nd
January 2014 under Annexure B reads at (zd) as under:
“Subservient to Agriculture” means development and
activities which are required to assist in carrying out the process of
agriculture such as tube wells, pump chambers, wind mills, irrigation drain,
pucca platforms, fencing and boundary walls not more than 4 feet high and
with maximum 3 feet fencing. A copy of the above mentioned notification is
enclosed at (Annexure 2).
Hence this means that if you are desirous to construct
a building and a boundary wall of four feet height and three feet fencing, then
no permission is required if such building is used or is to be used for
agriculture purposes or purposes subservient to agriculture.
The Honourable Supreme Court in Civil Appeal No. 10717
of 2014 (arising out SLP © No. 33002 of 2010) has ordered no to royalty on
excavated earth for laying foundation. The Supreme Court has held that the
government is not entitled to any mining royalty if a developer excavates land
for laying foundation of a building, thus rejecting the Maharashtra
government’s claim that the activity of digging up earth for any such concrete
foundation is akin to mining operations.
Deciding a batch of appeals led by the Promoters and
Builders Association of Pune, a bench headed by Justice Ranjan Gogoi partly set
aside the Bombay High Court order which held that even ordinary earth was to be
treated as a (minor) mineral and the state government had the right to all
minerals on public or private land.
While it held that the ordinary earth used for filling
or levelling purposes in construction of embankments, roads, railways,
buildings is deemed to be a minor mineral, the excavation of ordinary earth by
the developers for laying foundation of buildings or for the purpose of
widening of the channel to bring adequate quantity of sea water for the purpose
of cooling the nuclear plant would not amount to a mining activity so as to
attract any levy of royalty or penalty.
“A blanket determination of liability merely because
ordinary earth was dug up, therefore, would not be justified; what would be required is a more precise
determination of the end use of the excavated earth; a finding on the
correctness of the stand of the builders that the extracted earth was not used
commercially but was redeployed in the building operations,” Justice Gogoi
said.
The Mines and Minerals (Development and Regulation)
Act, 1957 defines mining operation under Chapter 3 as under: Annexure 3.
(d) “Mining operations" means any operations
undertaken for the purpose of winning any mineral;
Mines and Geology Department Notification on the 20th
June, 2012 No G.S.R.No /C.A.67/57/S.15/2012 by the Government of Haryana
defines Mining Operation under Chapter 2 as under: (Copy Enclosed
as Annexure 4)
(xxviii) ‗” Mining operations” means any operation
carried out for the purpose of winning any mineral except mineral oils;
6. Exemptions in certain cases (Copy enclosed as Annexure
5)
(2) In other cases:
(i) Construction of any building by the public or
private sector, or road or any other development project under the authority of
any government department or its agencies involving any digging or excavation
for a purpose other than winning a mineral:
Provided that where any minor mineral comprising
construction sand and stone is excavated and extracted in the process of
execution of such projects, the same shall be disposed off or consumed only
after obtaining a permit from the Mines and Geology Department and payment of
the applicable royalty and other fees as prescribed under rule 32.
"Winning" does not imply a
hazardous or perilous activity. The word simply means "extracting a mineral" and is used generally to
indicate any activity by which a mineral
is secured. "Extracting", in turn, means drawing out or obtaining. A
tooth is 'extracted' as much as it fruit juice and as much as a mineral. Only, that the effort varies
from tooth to tooth, from fruit to fruit and from mineral to mineral.
Ministry of Environment, Forest and Climate change
notification dated New Delhi, the 15th January, 2016 under appendix – ix , [see
paragraph 7(i) (b)] provides the details on exemption of certain cases from
requirement of environmental clearance under item no. 9 and reads as under: (
Copy enclosed as Annexure 6) Digging of foundation for buildings not
requiring prior environmental clearance
This means that those buildings which do not require
prior environmental clearance are exempted from the provisions of the above notifications.
we wish to inform you that we are aware of the fact
that mining of stone in Haryana without the necessary permission from the
concerned Departments of the Central and the State Government is illegal and so
is buying of the illegal mined stone illegal. Hence we advise all our members
to buy the stone from the queries in Rajasthan and obtain a receipt at the
Octroi Post for such stone being used in their farm houses when the stone is
entering the borders of Haryana.
We would now like to seek your views on our
understanding being correct on the issues and the notifications mentioned
above.
An early communication would relieve the farm owners
of unwanted anxiety and stress being caused because of so many notifications
and different interpretations being conveyed by the officers.
Thanking you,
Yours faithfully,
Kuldeep Kumar Kohli
Copy to:
State Mining Officer
Mines
and Geology Department,
Government
of Haryana,
30 Bays
Building,
1st
Floor, 17 – B, Haryana,
Chandigarh
State Geologist
Mines
and Geology Department,
Government
of Haryana,
30 Bays
Building,
1st
Floor, 17 – B, Haryana,
Chandigarh
Mining Engineer
Mines
and Geology Department,
Government
of Haryana,
30 Bays
Building,
1st
Floor, 17 – B, Haryana,
Chandigarh
Assistant Mining Engineer
Mines
and Geology Department,
Government
of Haryana,
IDC, Plot no. 2, Mehrauli Road,
Gurgaon,
Haryana
Mining Inspector
Mines
and Geology Department,
Government
of Haryana,
IDC, Plot no. 2, Mehrauli Road,
Gurgaon,
Haryana
