harda-highway-company’s-fine-slashed-from-₹51-crore-to-₹4,000:path-way-dug-40-feet-deep-fields;-officials-ignored-violations,-no-videography-or-panchnama-made

Our 3.5 acres of land is right next to the village, where Path-way company had taken permission for excavation. They dug up the soil and took it away in dumpers. What do we have? We don’t even have a bullock cart, how will we dig? These are the words of Anguri Bai Dewda of Andherikeda village in Harda. She had given her land to the company for leveling, but the digging went far beyond what was needed, leaving a deep pit that now fills with water. Her innocent smile masks the serious questions her situation raises about administrative oversight. Anguri Bai is one of 18 tribal and poor farmers whose fields were transformed into deep pits due to indiscriminate excavation by Path-way India Limited during the construction of the Betul-Harda-Indore four-lane highway. The company’s actions not only damaged the environment by ignoring regulations but also destroyed farmers’ lands. After complaints, the administration initially imposed a fine of ₹51 crore, but the amount was later reduced to just ₹4,032 following a change in officers, leaving farmers with fields sunk into uncertainty. Bhaskar conducted an on-ground investigation to understand what went wrong. Read the full report.. Administration had permitted 12 lakh cubic meters of mining In 2021-22, Path-way India Limited required large quantities of soil and murram for the highway project. The company obtained permission from farmers in Andherikeda, Bhadugaon, and Temagaon for leveling their fields. The administration allowed mining up to 12 lakh cubic meters over approximately 16 hectares. However, complaints soon emerged that the company exceeded the permitted area, illegally excavating government and private land. Farmers reported pits 30 to 40 feet deep in fields that were supposed to be simply leveled. ₹51 crore fine imposed after investigation When the matter escalated, a team under then Additional Collector (ADM) Pravin Phulpagare conducted an investigation. Tehsildars and patwaris measured the site and found that Path-way had mined 3,44,000 cubic meters beyond the permitted limit. Based on this report, the administration imposed a ₹51.67 crore fine—₹25.83 crore for illegal mining and ₹25.83 crore as environmental compensation. This was a landmark action, giving farmers hope for justice. Fine reduced to ₹4,000 as officer changed However, the hopes of farmers were dashed when Pravin Phulpagare was transferred in 2023, and Dr. Nagarjun B Gauda assumed charge as the new Additional Collector. Dr. Gauda reopened the case and prepared a fresh report, which drastically altered the findings. The new report claimed the company had only mined on approved land, the actual illegal excavation was just 2,688 cubic meters, and other villagers also had mining permits, making it impossible to hold Path-way solely responsible. Consequently, the fine was reduced from ₹51.67 crore to ₹4,032. In one stroke, a major financial liability for the company was reduced to a negligible amount, leaving farmers’ excavated fields in deep uncertainty. Ground reality shows pits too deep even for tractors Bhaskar’s team visited Andherikeda village to verify the situation. Manish Korku, harvesting corn in his field, pointed to the land his father Jhalku Korku had provided for excavation. “This is our 2.5-acre field. Now it is 30 feet below its original level. We don’t have tractors; only Path-way dug here day and night using dumpers,” he explained. Another farmer, Onkar Saddu, showed his field, now resembling a pond. “My field had mounds that made farming difficult, but we expected it to be leveled. They paid ₹1 lakh initially, but then dug 40 feet deep. Even a tractor cannot enter now,” he said. Violation of minor minerals rules The case also highlights violations of the Madhya Pradesh Minor Minerals Rules, 1996. According to Chapter 3, no mining is allowed within 100 meters of any highway, railway line, riverbank, drain, or public road, and within 10 meters of rural unpaved roads. Yet, Jhalku Korku and Anguri Bai’s fields, adjacent to the village’s main road, were mined up to 12 meters deep, a clear breach of regulations. The initial fine was imposed on this basis. Surprisingly, the company’s lawyer argued that Jhalku must have conducted the excavation himself, despite the farmer lacking machinery. Officials who reduced fine The decision to cut the fine from ₹51 crore to ₹4,032 was made by then ADM Dr. Nagarjun B Gauda, who relied on a team comprising Tehsildar Mahendra Singh Chauhan, RI Uttam Pardhe, Patwari Vishal Singh Rajput, Rohit Verma, and Neelkamal Nagre. The SDM court noted on November 30, 2023, that this investigation team did not conduct videography of the site, nor prepare a proper panchnama. No direct evidence was produced linking Path-way company to the illegal mining. During the second investigation, a panchnama was prepared after questioning villagers, who stated that mining had been ongoing for 2-3 years, without naming the company. In court, the company lawyer dismissed these claims, and the investigation failed to find machinery or workers mining illegally at the site. Former ADM says, ‘No one appealed’ Dr. Nagarjun B Gauda, now CEO of Khandwa District Panchayat, stated that no appeals were filed at the time regarding the reduced fine. Harda Collector Siddharth Jain noted that the matter could still be addressed by the competent court. Under Section 27, dissatisfied parties may appeal to the Commissioner Court, and further steps would follow based on court guidance. Farmers left with deep questions The controversy surrounding Path-way India Limited exposes systemic lapses in administrative oversight. Farmers’ lands have been drastically altered, leaving deep pits unsuitable for cultivation. The drastic reduction of the fine from crores to a few thousand rupees has left the local population questioning accountability, justice, and the efficacy of regulatory mechanisms. The incident underscores the need for rigorous enforcement of mining regulations and consistent monitoring to protect vulnerable landowners and ensure that development projects do not come at the cost of livelihoods and environmental safety.