KASHMIR SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS
CWP/10440/2026 · 2026-07-20
Rohit Kapoor, To Be Nominated
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32314 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32314 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
136 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-10440-2026 (O&M) Date of Decision: 20th July, 2026.
KASHMIR SINGH AND OTHERS
.…...Petitioner(s) V/s STATE OF PUNJAB AND OTHERS
......Respondent(s)
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE ROHIT KAPOOR
Present Mr. Navraj Singh, Advocate for the petitioners. Mr. Salil Sabhlok, Senior DAG, Punjab. Mr. Tarun K. Sharma, Advocate, for respondent No.4. ****
ASHWANI KUMAR MISHRA, A.C.J. (Oral)
1. The issue raised in the present Writ Petition is with regard to the illegal mining being carried out in the River Sutlej near villages Saidpur Kalan, Kanoon, Phool Makori, Behlur Kalan and Behlur Khurd, Tehsil Nawanshahr, District Shaheed Bhagat Singh Nagar, Punjab, under guise of desilting. 2. Cognizance in the matter was taken by this Court and the following orders were passed on 15.07.2026:-
“The allegations in the instant writ petition pertain to illegal mining allegedly being carried out in the River Sutlej near villages Saidpur Kalan, Kanoon, Phool Makori, Behlur Kalan and Behlur Khurd, Tehsil Nawanshahr, District Shaheed Bhagat Singh Nagar, Punjab, under the pretext of desilting. A reply has been filed by the State of Punjab, wherein the allegations have not been entirely denied. In paragraphs 9 to 13 of the reply, the State admits that instances of illegal SURESH KUMAR 2026.07.22 10:58 I attest to the accuracy and integrity of this document
CWP-10440-2026 (O&M)
mining were noticed, two tippers were impounded, and the persons found guilty were challaned. In the replication, the petitioners state that rampant illegal mining is continuing and that tipper trucks and tractors carrying sand are moving day and night over the Dhussi embankment and the adjoining village roads. Video clips have been shown to the Court which would demonstrate that a large number of tippers are allegedly moving in the area. In the facts of the case, we are not convinced that the requisite steps as are warranted on the part of the State to curb illegal mining are being effectively taken. In such view of the matter, we call upon the Secretary, District Legal Services Authority, Nawanshahr, to inspect the site forthwith and submit a report to this Court in a sealed envelope within three days. The Registry is directed to communicate the present order to the concerned Secretary, District Legal Services Authority, Nawanshahr, today itself so that the necessary inspection can be carried out within the next 48 hours and the report is submitted before this Court by the next date fixed.
We make it clear that if any collusion or illegality is found on the part of the respondents, this Court shall proceed to fix the personal responsibility of the officers concerned in accordance with law. Adjourned to 20.07.2026.”
3. In compliance of the aforesaid directions, report dated 17.07.2026, prepared by the Secretary, District Legal Services Authority, Shaheed Bhagat Singh Nagar, has been submitted before this Court in a sealed cover, and the same has been duly perused. 4. The said report indicates that upon visiting and inspecting the relevant site(s), the concerned officer found no evidence of illegal mining. The report submitted by the Secretary, District Legal Services SURESH KUMAR 2026.07.22 10:58 I attest to the accuracy and integrity of this document
CWP-10440-2026 (O&M)
Authority, Shaheed Bhagat Singh Nagar, is taken on record. Registry is
directed to tag the same at the appropriate place on the case file.
5.
Learned counsel for the petitioner submits that only after passing of order dated 15.07.2026 by this Court, the illegal mining has been abruptly discontinued.
6. Be that as it may, once it stands established on physical verification of the relevant site(s) by the Secretary, District Legal Services Authority, Shaheed Bhagat Singh Nagar, that no illegal mining is being carried out, there would be no justification for us to proceed further in the matter.
7. Accordingly, the Writ Petition fails and is dismissed.
8. It is made clear that the State authorities shall ensure that any instance of illegal mining reported by any person in the area is properly examined, and appropriate action, as warranted in law, is taken forthwith.
9. Pending application(s), if any, shall stand disposed of accordingly.
[ASHWANI KUMAR MISHRA] ACTING CHIEF JUSTICE
[ROHIT KAPOOR] JUDGE
July 20, 2026 Ess Kay
Whether speaking / reasoned :
Yes / No Whether Reportable
:
Yes / No SURESH KUMAR 2026.07.22 10:58 I attest to the accuracy and integrity of this document