Section 7 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012
7. Restrictions on grant of mining lease/ contract/ permit.
(1)No mining lease/ contract/ permit shall be granted in respect of any land within a distance of:-(i)fifty metres from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, Major District Roads (MDR) and Other District Roads (ODRs) where such excavation does not require use of explosives;(ii)two hundred fifty metres from the outer periphery of the defined limits of any village abadi, National Highway, State Highway, Major District Roads (MDR) and Other District Roads (ODRs) where use of explosives is required; Exemptions in certain cases.(iii)ten metres from any other public roads:Provided that the Government may relax the above distance parameters, wherever required in the interest of workings, mineral conservation or for any unforeseen reasons subject to such conditions as may be imposed under the said relaxation.(2)No mining lease/ contract/ permit or other mineral concession shall be granted in respect of any such minor mineral or in respect of any specific or general area which the government may notify.(3)No fresh concession shall be granted in an area, which has been declared/ notified as urban area under the Haryana Development and Regulation of Urban Areas Act, 1975 except with prior consultation and approval of the Town and Country Planning Department, and the renewal of any concession granted earlier in such area shall be considered only in consultation with the Town and Country Planning Department:Provided further that no such restriction shall be applicable or consultation required if the concession area falls within the notified Agricultural zone.(4)Wherever any area situated outside the urban area notified under the Haryana Development and Regulation of Urban Areas Act, 1975, has either been used for mining in the past or which may be used for grant of any mining lease or contract in future, such area will not be allowed to be used by any authority for any other purpose (except the purpose for which it is being used traditionally) without prior consultation with the Department.(5)Where any controlled area, situated outside the urban area, is under any mineral concession in the past and it has been proposed to allow the said area to be used for a development project other than mining, the Town and Country Planning Department shall consult the Director before granting change of land use for any such project.(6)Where any area is declared as a controlled area under the Punjab Scheduled Roads (Restriction of Unregulated Development) Act, 1963 (Act No. 41 of 1963), the Town and Country Planning Department shall consult the Department to the extent any part thereof comprises of any mineral bearing area, at the time of preparation of Development Plan in respect of such area.(7)Wherever a mineral concession is granted in respect of a large area (e.g. the district or block as a unit) for mining of stone, boulder, gravel and sand etc., such concession holder shall have no rights qua the mining permits granted for excavation of brick earth, ordinary earth, silt from the canal system and drains, and mineral excavated in the process of construction of any buildings/ development projects etc.
