NDLI: Rural Litigation and Entitlement Kendra & Ors. Etc. Vs. State of Uttar Pradesh & Ors. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Artic/e 5 I A (g)--Environment-Preservation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, Mines & Minerals (regulation and Development) Act, 1957 (67 of 1957)
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Case Disposed Off
Headnote	Constitution of India, 1950:- Article 51A (g)--Environment-Preservation of-Ecological balance keeping unaffected-Task-Government as also every citizen undertake. Mineral Regulations Act, 1948/ Minerals Concession Rules, 1949: Limestone-Quarrying of-Grant of mining leases-Deposits not to be exploited at cost of ecology and environmental consideration.A letter received from the Rural Litigation and Entitlement Kendra Dehradun was treated as a Writ Petition and notices issued. The main allegations therein related to unauthorised and illegal mining operations carried on in the Mussoorie Hills and the area around adversely affecting the ecology of the area and leading to, environmental disturbances. In July, 1983 this Court directed all fresh quarrying to he stopped. On 11.8.1983 this Court appointed Bhargav Committee for inspecting all the mines except those belonging to the State of Uttar Pradesh and the Union of India for determining whether the safety standards laid down in the Mines Act 1952 and the Mines Rules were being observed or not and whether there was any danger of landslides or was any hazard to individuals, cattle or agricultural lands by carrying on of mining operations. Blasting operations in the area were also directed to he stopped. On the basis of the main report of the said Committee this Court on August 24, 1983 permitted removal of limestone already quarried. The Committee directed closure of some of the mines and reported the defects appearing in other mines and called upon the mine owners to carry out rectifications.The Bhargav Committee classified the mines in A, B and C groups. So far as the mines in Group were concerned, the Committee recommended that they should he closed down. As regards the mines in Group A, the Committee opined that the quarrying could he carried on without any environmental or ecological hazard. The Committee also recommended closure of B Group mines permanently. The Union Government had also appointed a Working Group on mining of limestone quarries in Dehradun and Mussoorie area some time in, 1983 which was also headed by Shri Bhargav who was heading the Committee appointed by this Court. The Working Group submitted its report in September, 1983. After a comparative analysis of the two reports, the Court found that the Working Group had taken these very mines for their study and had divided the mines into two categories, namely, Class I and Class II. All the mines then categorised as Class I were now included by the Bhargav Committee in Group A and the remaining mines now classified as Group B and C were in Class II.This Court had also appointed an Expert Committee headed by Professor Valdia to consider the problems of ecology and environment with reference to mining. Professor Valdia gave a separate report while the other two members gave a joint report. In its order of March 12, 1985, this Court observed that it does not propose to rely on the report of Professor Valdia and it would not be safe to direct continuance or discontinuance of mining operations in limestone quarries on the basis of Main Boundary Thrust. In 12th March, 1985 order this Court directed that the limestone quarries located in Sahasradhara Block and placed in Category II by the Working Group should be closed down, that the limestone quarries placed in Category II by the Working Group other than those which are placed in Category B and C by the Bhargav Committee should also be closed down save and except for the limestone quarries covered by the mining leases numbers 31, 36 and 37 for which the same direction should be given as would be given in regard to the limestone quarries classified as Category B in the Bhargav Committee Report, and that if there are any subsisting leases in respect of any of - these limestone quarries they will forthwith come to an end and if any suits or writ petitions for continuance expire on unexpired leases in respect of any of these limestone quarries are pending, they too will stand dismissed.This Court also directed closing down of the mines in A Category located within the municipal limits of Mussoorie.In regard to B Class quarries of the Bhargav Committee Report which featured in Category II of the Working Group Report, as also of the A Category quarries within the municipal limits, this Court set up a Committee headed by Shri Bandopadhyay, then Secretary in the Ministry of Rural Development and called upon the mine owners to submit a full and detailed scheme to that Committee for its examination and report to the Court about the same. It was directed that until further orders from this Court on the basis of the Bandopadhyay Committee Report these mines shall not be worked. Bandopadhyay Committee submitted its report rejecting the schemes put forward by various lessees of the mines which have been closed down. On 20th November, 1986 this Court granted time to the erstwhile lessees of mines to file objections to Bandopadhyay Committee Report within six weeks and reply, if any, to be filed by the petitioners and the State within four weeks thereafter. The petitions were to come up for hearing in February, 1987. By order dated March 12, 1985 the Court made a detailed order containing various directions reported in [(1985) 3 SCR 169] and the reasons therefor were to follow later .
Judge	Honble Mr. Justice Ranganath Misra
Neutral Citation	1986 INSC 272
Petitioner	Rural Litigation And Entitlement Kendra & Ors. Etc.
Respondent	State Of Uttar Pradesh & Ors. Etc.
SCR	[1987] 1 S.C.R. 641
Judgement Date	1986-12-18
Case Number	8209

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