Full Judgment Text
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PETITIONER:
RURAL LITIGATION AND ENTITLEMENT KENDRA DEHRADUN & ORS.
Vs.
RESPONDENT:
STATE OF U.P. & ORS.
DATE OF JUDGMENT12/03/1985
BENCH:
BHAGWATI, P.N.
BENCH:
BHAGWATI, P.N.
SEN, AMARENDRA NATH (J)
MISRA RANGNATH
CITATION:
1985 AIR 652 1985 SCR (3) 169
1985 SCC (2) 431 1985 SCALE (1)408
CITATOR INFO :
RF 1987 SC2426 (1)
E 1988 SC2187 (36)
ACT:
Constitution of India, Arts.32 and 48A Environmental
pollution - Lime. stone deposits-quarrying and excavation
of-ascertainment of pollution-Courts, jurisdiction to
appoint Committees-Suggestion of remedial measures by
committees-Necssity of.
HEADNOTE:
The present Writ Petitions relate to the mining of lime
stone quarries in Dehradun mining area. During the pendency
of the Writ Petitions, the Court appointed a Committee known
as Bhargav Committee for the purpose of inspecting the lime
stone quarries mentioned in the writ petitions, The
Government of India had also appointed a Working Group
headed by the same Sh. D.N. Bhargav who was a member of the
Bhargav Committee appointed by the Court on mining of lime
stone quarries in Dehradun Mussoorie area, some time in
1983. After the hearing was over, the Court passed the
following order on the Writ Petitions observing that the
reasons for the order will be set out in the judgment to
follow later.
1. The Court is clearly of the view that so far as the
lime stone quarries classified in category (c) in the
Bhargav Committee Report are concerned, which have already
been closed down under the directions of the Bhargav
Committee, should not be allowed to be operated. If the
lessees of these lime stone quarries have obtained any stay
order from any court permitting them to continue the mining
operations, such stay order will stand dissolved an if there
are any subsisting leases in respect of any of these lime
stone quarries, they shall stand terminated without any
liability against the State of Uttar Pradesh. The lime stone
quarries in Sahasradhara Block even though they are placed
in category (b) by the Bhargav Committee should also not be
allowed to be operated and should be closed down forthwith.
The Court would also direct, agreeing with the Report made
by the Working Group that the lime stone quarries placed in
category (2) by the Working Group other than those which are
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placed in categories (B) and (C) by the Bhargav Committee
should also not be allowed to be operated and should be
closed down save and except for the lime stone quarries
covered by mining leases Nos. 31, 36 and 37 for which the
Court would give the same direction as will H be given in
regard to the lime stone quarries classified as category B
in the
170
Bhargav Committee Report. If there are subsisting
leases in respect of any of these lime stone quarries they
will forthwith come to an end and if any suits or writ
petitions for continuance of expired or unexpired leases in
respect of any of these lime stone quarries are pending,
they too will stand dismissed.
[175G-H; 176A]
(2) So for as the lime stone quarries classified as
category in the Bhargav Committee Report and/or category I
in the Working Group Report are concerned, they are divided
into two classes, one class consisting of those which are
within the city limits of Mussorie and the other consisting
of those which are outside the city limits. The lime stone
quarries falling within category of the Bhargav Committee
Report and/or Category 1 of the Working Group Report and
falling outside the city limits of Mussorie, should be
allowed to be operated subject of course to the observance
of the requirements of the Mill‘i Act 1952, the
Metalliferous Mines Regulations, 1961 and other relevant
statutes, rules and regulations. Of course, it must be made
clear that the Court is not holding that if the leases in
respect of these lime stone quarries have expired and suits
or writ petitions for renewal of the leases are pending in
the courts, such leases should be automatically renewed. It
will be for the appropriate courts to decide whether such
leases should be renewed or not having regard to the law and
facts of each case. So far as the lime stone quarries
classified in category in the Bhargav Committee Report
and/or cat gory 1 in the Working Group Report and falling
within the city limits of Mussorie are concerned, the Court
would give the same direction which is it giving in regard
the lime stone quarries classified as category B in the
Bhargav Committee Report.
[176F-H 177A-C]
The Court does not propose to clear the lime stone
quarries classified as category (B) in the Bhargav Committee
Report and category 2 in the Working Group Report for
continuance of mining operations nor to close them down
permanently without further inquiry, and accordingly appoint
a high powered Committee to be headed by Mr. Bandyopadhyay,
Secretary, Ministry for Rural Development as Chairman. The
lessees of the lime stone quarries classified as category in
Bhargav Committee Report and/or Category I in the Working
Group Report and filling within the city limits of Mussoorie
as also the lessees of the lime stone quarries classified as
category in the Bhargav Committee Report will be at liberty
to submit a fully and detailed scheme for mining their lime
stone quarries to this Committee (hereinafter called the
Bandyopadhyay Committee) and if any such scheme or schemes
are submitted, the Bandyopadhyay Committee will proceed to
examine the same without any unnecessary delay and submit a
report to this Court whether in its opinion the particular
lime stone quarry can be allowed to be operated in
accordance with the ’scheme and if so, subject to what
conditions and if it can not be allowed to be operated, the
reasons for taking that view. The report submitted by the
Bandyopadhyay Committee in each case will be considered by
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the Court and a decision will then be taken whether the lime
stone quarry or quarries in respect of which the Report has
been made should be allowed to be operated or not. But until
then those lime stone quarries will not be allowed to be
operated or worked and the District Authorities of Dehradun
will take prompt and active steps for the purpose of
ensuring that these lime
171
stone quarries are not operated or worked and no mining
activity is carried on even clandestinely.
[177D-H; 178D-H: 179A]
4. So far as the lime stone quarries at Sl.Nos. 17 to
20 in the category in the Bhargav Committee Report are
concerned, they have already been closed down and no further
direction therefore is necessary to be given in regard to
them save and except in regard to removal of the lime stone,
dolomite and marble chips which may have already been mined
and which may be lying at the site.
[179E-F]
5(i) So far as lime stone quarries classified as
category in the Bhargav Committee Report and/or category I
in the Working Group Report and falling side the city limits
of Mussoorie are concerned, the Court has permitted the
lessees of these lime stone quarries to carry on mining
operations and hence they must be allowed to remove whatever
minerals are lying at the site of these lime stone quarries
without any restirication whatsoever, save and except those
prescribed by any statutes, rules or regulations and subject
to payment of royalty.
[181B-C]
5. (ii) So far as the other lime stone quarries are
concerned, whether comprised in category of Bhargav
Committee Report of category 1 of the Working Group Report
and falling within the City limits of Mussoorie or falling
within category 2 of the Working Group Report, the lessees
of these lime stone buarries are permitted to remove
whatever minerals are found lying at the site of its
vicinity, provided of course such minerals are covered by
their respective leases and/or quarry permits. Such removal
will be carried out and completed by the lessees within four
weeks from the date of this Order and it Shall be done in
the presence of an officer not below the rank of Deputy
Collector to be nominated by the District Magistrate,
Dehradun a gazetted officer from the Mines Department
nominated by the Director of Mines and a public spirit
individual in Dehradun, to be nominated by Shri D.
Bandopadhyay. No part of the minerals lying at the site
shall be removed by the lessees except in the presence of
the above mentioned three persons. The lessees will, on the
expiry of the period of four weeks, submit a report to this
Court setting out the precise quantities of minerals removed
by them from the site pursuant to this Order made by the
Court. The lessees shall not be entitled to remove any
minerals after the expiration of the period of four weeks.
[112E-H; 113A]
6(i) In order to mitigate the hardship that may be
caused to the lessees of lime stone quarries which have been
directed to be closed down permanently or which may be
directed to be closed down permanently after consideration
of the Report of the Bandhopadjay Committee, the Court would
direct the Government of India and the State of Uttar
Pradesh that whenever any other area in the State of Uttar
Pradesh is thrown open for grant of lime stone or dolomite
quarrying, the lessees who are displaced as a result of this
Order shall be afforded priority in grant of lease of such
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area and intimation that such area is available for grant of
lease shall be given to the lessees who are
172
displaced so that they can apply of grant of lease of such
area and on the basis of such application, priority may be
given to them subject, of course, to their otherwise being
found fit and eligible.
[179G-H :180A-C]
6(ii) The lime stone quarries which have been or which
may be directed to be closed down permanently will have to
be reclaimed and afforestation and soil conservation
programme will have to be taken up in respect of such lime
stone quarries. and the Court would therefore direct that
immediate steps shall be taken for reclamation of the areas
forming part of such lime stone quarries with the help of
the already available Eco-Task Force of the Department of
Environment, Government of India and the workmen who are
thrown out of employment in consequence of this Court shall,
as far as practicable and in the shortest possible time, be
provided employment in the afforestation and soil
conservation programme to be taken up in this area.
[180E-G]
^
JUDGMENT:
ORIGINAL JURISDICTION: Writ Petition Nos. 8209 & 8821 of 83.
Under Article 32 of the Constitution of India)
M.K. Ramamurthi B. Dutta, Anil Divan, Dr. L.M. Singhvi,
O.P Rana, S.N Kackar, M.C. Bhandare, Shanti Bhushan. Milan
K. Banerji, Additional Solicitor General, M.A.
Krishnamoorthy, Rishi Kesh, K.N Bhat, M.G. Ramachandran,
Miss A. Subhashini, K.K. Jain. A.D. Sangar, P. Dayal, C.V
Subba Rao, Raju Ramachandran S.M. Suri R.N. Mehrotra, S.M.
Suri, C.M. Nayyar, Harjinder Singh, G.N. Rao, M.
Karanjawala, Shakeel Ahmed Syed, S.K. Jain, Mrs. Shobha
Dikshit, P.P. Juneja, P.K Jain, J.B.D. & Co., Indra Makwana,
A. SubbaRao, B.P. Singh, Parijat Sinha, C.P. Lal, Shri
Narain, S.K. Gupta, K.R. Namiar, S.S. Jauhar, D. M.
Nargolkar, Mrs Rani Chhabra, Kapil Sibbal, B.P. Maheshwari,
R.P. Singh, S.A. Syed for the appearing parties.
The Judgment of the Court was delivered
BHAGWATI, J. This case has been argued at great length
before us not only because a large number of lessees of lime
stone quarries are involved and each of them has pains-
takingly and exhaustively canvassed his factual as well as
legal points of view but also because this is the first case
of its kind in the country involving issues relating to
environment and ecological balance and the questions arising
for considerations are of grave moment and significance not
only to the people residing in the Mussoorie
173
Hill range forming part of the Himalayas but also in their
implications to the welfare of the generality of people
living in the country. It brings into sharp focus the
conflict between development and conservation and serves to
emphasise the need for reconciling the two in the larger
interest of the country. But since having regard to the
voluminous material placed before us and the momentous
issues raised for decision, it is not possible for us to
prepare a full and detailed judgment immediately and at the
same time, on account of interim order made by us, mining
operations carried out through blasting have been stopped
and the ends of justice require that the lessees of lime
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stone quarries should know, without any unnecessary delay,
as to where they stand in regard to their lime stone
quarries, we propose to pass our order on the writ
petitions. The reasons for the order will be set out in the
judgment to follow later.
We had by Order dated 11th August 1983 appointed a
Committee consisting of Shri D.N. Bhargav, Controller
General, Indian Bureau of Mines, Nagpur, Shri M.S. Kahlon,
Director General of Mines Safety and Col. P. Mishra, Head of
the Indian Photo Interpretation Institute (National Remote
Sensing Agency) for the purpose of inspecting, the lime
stone quarries mentioned in the writ petition as also in the
list submitted by the Government of Uttar Pradesh. This
Committee which we shall hereinafter for the sake of
convenience refer to as the Bhargav Committee, submitted
three reports after inspecting most of the lime stone
quarries and t divided the lime stone quarries into three
groups. The lime stone quarries comprised in category were
those where in the opinion of the Bhargav Committee the
adverse impact of the mining operations was relatively less
pronounced; category comprised those lime stone duarries
where in the opinion of the Bhargav Committee the adverse
impact of mining operations was relatively more pronounced
and category covered those lime stone quarries which had
been directed to be closed down by the Bhargav Committee
under the orders made by us on account of deficiencies
regarding safety and hazards of more serious nature.
It seems that the Government of India also appointed a
working Group on Mining of Lime Stone Quarries in Dehradun
Mussoorie area, some time in 1983. The Working Group was
also headed by the same Sh. D.N. Bhargav who was a member
174
of the Bhargav Committee appointed by us. There were five
other members of the Working Group along with Shri D.N.
Bhargav and one of them was Dr. S.Mudgal who was at the
relevant time Director in the Department of Environment,
Government of India and who placed the report of the Working
Group before the Court along with his affidavit. The Working
Group in its report submitted in September 1983 made a
review of lime stone quarry leases for continuance or
discontinuance of mining operations and after a detailed
consideration of various aspects recommended that the lime
stone quarries should be divided into two categories, namely
category 1 and category 2; category 1 comprising lime stone
quarries considered suitable for continuance of mining
operations and category 2 comprising lime stone quarries
which were considered unsuitable for further mining.
It is interesting to note that the lime stone quarries
comprised in category of the Bhargav Committee Report were
the same lime stone quarries which were classified in
category 1 by the Working Group and the lime stone quarries
in categories and of the Bhargav Committee Report were
classified in category 2 of the Report of the Working Group.
It will thus be seen that both the Bhargav Committee and the
Working Group were unanimous in their view that the lime
stone quarries classified in category by the Bhargav
Committee Report and category 1 by the Working Group were
suitable for continuance of mining operations. So far as the
lime stone quarries in category of the Bhargav Committee
Report are concerned, they were regarded by both the Bhargav
Committee and the Working Group as unsuitable for
continuance
of mining operations and both were of the view that they
should be closed down. The only difference between the
Bhargav Committee and the Working Group was in regard to
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lime stone quarries classified in category B. The Bhargav
Committee Report took the view that these lime stone
quarries need not be closed down, but it did observe that
the adverse impact of mining operations in these lime stone
quarries was more pronounced, while the Working Group
definitely took the view that these lime stone quarries were
not suitable for further mining.
While making this Order we are not going into the
various remifications of the arguments advanced before us
but we may
175
observe straight away that we do not propose to rely on the
Report of Prof. K S. Valdia, who was one of the members of
the Expert Committee appointed by us by our Order dated 2nd
September 1983, as modified by the Order dated 25th October
1983. This Committee consisted of Prof. K.S. Valdia, Shri
Hukum Singh and Shri D.N. Kaul and it was appointed to
enquire and investigate into the question of disturbance of
ecology and pollution and affectation of air, water and
environment by reason of quarrying operations or stone
crushers or lime stone kilns. Shri D.N. Kaul and Shri Hukum
Singh submitted a joint report in regard to the various
aspects while Prof. K.S. Valdia submitted a separate report.
Prof. K.S. Valdia’s Report was confined largely to the
geological aspect and in the report he placed considerable
reliance on the Main Boundary Thrust (hereinafter shortly
referred to as M.B.T.) and he took the view that the lime
stone quarries which were dangerously close to the M.B.T.
should be closed down, because they were in this sensitive
and vulnerable belt. We shall examine this Report in detail
when we give our reason but we may straight away point out
that we do not think it safe to direct continuance or
discontinuance of mining operations in lime stone quarries
on the basis of the M.B.T. We are therefore not basing our
conclusions on the Report of Prof. K.S. Valdia but while
doing so we may add that we do not for a moment wish to
express any doubt on the correctness of his Report.
We shall also examine in detail the question as to
whether lime stone deposits act as aquifers or not. But
there can be no gain saying that lime stone quarrying and
excavation of the lime stone deposits do seem to affect the
perennial water springs. This environmental disturbance has
however to be weighed in the balance against the need of
lime stone quarrying for industrial purposes in the country
and we have taken this aspect into account while making this
order.
We are clearly of the view that so far as the lime
stone quarries classified in category in the Bhargav
Committee Report are concerned which have already been
closed down under the directions of the Bhargav Committee,
should not be allowed to be operated. If the leasees of
these lime stone quarries have obtained any stay order from
any court permitting them to continue the mining operations,
such stay order will stand dissolved and if there
176
are any subsisting leasees in respect of any of these lime
stone quarries they shall stand terminated without any
liability against the State of Uttar Pradesh. If there are
any suits or writ petitions for continuance of expired or
unexpired leases in respect of any of these lime stone
quarries pending, they will stand dismissed.
We would also give the same direction in regard to the
lime stone quarries in the Shasradhara Block even though
they are placed in category by the Bhargav Committee. So far
as these lime stone quarries in Sahasradhara Block are
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concerned, we agree with the Report made by the Working
Group and we direct that these lime stone quarries should
not be allowed to be operated and should be closed down
forthwith. We would also direct, agreeing with the Report
made by the Working Group that the lime stone quarries
placed in category 2 by the Working Group other than those
which are placed in categories and by the Bhargav Committee
should also not be allowed to be operated and should be
closed down save and except for the lime stone quarries
covered by mining leases Nos. 31, 36 and 37 for which we
would give the same direction as we are giving in the
succeeding paragraphs in regard to the lime stone quarries
classified as category in the Bhargav Committee Report. If
there are any subsisting leases in respect of any of these
lime stone quarries they will forthwith come to an end and
if any suits or writ petitions for continuance of expired or
unexpired leases in respect of any of these lime stone
quarries are pending, they too will stand dismissed.
So far as the lime stone quarries classified as
category in the Bhargav Committee Report and/or category 1
in the Working Group Report arc concerned, we would divide
them into two classes, one class consisting of those lime
stone quarries which are within the city limits of Mussoorie
and the other consisting of those which are outside the city
limits. We take the view that the lime stone quarries
falling within category of the Bhargav Committee Report
and/or category 1 of the Working Group Report and falling
outside the city limits of Mussoorie, should be allowed to
be operated subject of course to the observance of the
requirements of the Mines Act 1952, the Metallferous Mines
Regulations, 1961 and other relevant statutes, rules and
regulations. Of course when we say this we must make it
clear
177
that we are not holding that if the leases in respect of
these lime stone quarries have expired and suits or writ
petitions for renewal of the leases are pending in the
courts, such leases should be automatically renewed. It will
be for the appropriate courts to decide whether such leases
should be renewed or not having regard to the law and facts
of each case. So far as the lime stone quarries classified
in category in the Bhargav Committee Report and or category
1 in the Working Group Report and falling within the city
limits of Mussoorie are concerned, we would give the same
direction which we are giving in the next succeeding
paragraph in regard to the lime stone quarries classified as
category in the Bhargav Committee Report.
That takes us to the lime stone quarries classified as
category in the Bhargav Committee Report and category 2 in
the Working Group Report. We do not propose to clear these
lime stone quarries for continuance of mining operations nor
to close them down permanently without further inquiry. We
accordingly appoint a high powered Committee consisting of
Mr. D. Bandyopadhyay, Secretary, Ministry for Rural
Development as Chairman and Shri H.S. Ahuja. Director
General, Mines Safety, Dhanbad, Bihar, Shri D.N. Bhargav,
Controller General, Indian Bureau of Mines, New Secretariat
Building, Nagpur and two experts to be nominated by the
Department of environment, Government of India within four
weeks from the date of this Order. The lessees of the lime
stone quarries classified as category in Bhargav Committee
Report and for Category 1 in the working Group Report and
falling within the city limits of Mussoorie as also the
lessees of the lime stone quarries classified as category in
the Bhargav Committee Report will be at liberty to submit a
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full and detailed scheme for mining their lime stone
quarries to this Committee (hereinafter called the
Bandyopadhyay Committee) and if any such scheme or schemes
are submitted the Bandyopadhyay Committee will proceed to
examine the same without any unnecessary delay and submit a
report to this Court whether in its opinion the particular
lime stone quarry can be allowed to be operated in
accordance with the scheme and if so, subject to what
conditions and if it cannot be allowed to be operated, the
reasons for taking that view. The Bandyopadhyay Committee in
making its report will take into account the various aspects
which we had directed the Bhargav Committee and the Kaul
Committee to consider while making their respective reports
including
178
the circumstance that the particular lime stone quarry may
or may not be within the city limits of Mussoorie and also
give an opportunity to the concerned lessee to be heard,
even though it be briefly. The Bandyopadhyay Committee will
also consider while making its report whether any violations
of the provisions of the Mines Act 1952, the Metalliferous
Mines Regulations, 1961 and other relevant statutes, rules
and regulations were committed by the lessee submitting the
scheme or schemes and if so, what were the nature, extent
and frequency of such violations and their possible hazards.
The Bandyopadhyay Committee will also insist on a broad plan
of exploitation coupled with detailed mining management
plans to be submitted along with the scheme or schemes and
take care to ensure that the lime stone deposits are
exploited in a scientific and systematic manner and if
necessary, even by two or more lessees coming together and
combining the areas of the lime stone quarries to be
exploited by them. It should also be the concern of the
Bandyopadhyay Committee while considering the scheme or
schemes submitted to it and making its report, to ensure
that the lime stone on exploitation is specifically utilised
only in special industries having regard to its quality and
is not wasted by being utilised in industries for which high
grade lime stone is not required. The necessary funds for
the purpose of meeting the expenses which may have to be
incurred by the members of the Bandyopadhyay Committee will
be provided by the State of Uttar Pradesh including their
travelling and other allowances appropriate to their office.
The State of Uttar Pradesh will also provide to the members
of the Bandyopadhyay Committee necessary transport and other
facilities for the purpose of enabling them to discharge
their functions under this Order. If any notice, are to be
served by the Bandyopadhyay Committee the District
Administration of Dehradun will provide the necessary
assistance for serving of such notices on the lessees or
other interested parties. The Bandyopadhyay Committee will
also be entitled before expressing its opinion on the scheme
or schemes submitted to it, to hear the petitioner, the
interventionists in this case and such other persons or
organisations as may be interested in maintenance and
preservation of healthy environment and ecological balance.
The Indian Bureau of Mines will provide secretarial
facilities to the Bandyopadhyay Committee. The report
submitted by the Bandyopadhyay Committee in each case will
be considered by the Court and a decision will then be taken
whether the limit stone quarry or quarries in respect of
which the report has been
179
made should be allowed to be operated or not. But until then
these lime stone quarries will not be allowed to be operated
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or worked and the District Authorities of Dehradun will take
prompt and active steps for the purpose of ensuring that
these lime stone quarries are not operated or worked and no
mining activity is carsied on even clandestinely. This order
made by us will supersode any stay or any other interim
order obtained by the lessee of any of these lime stone
quarries permitting him to carry on mining operations and
notwithstanding such stay order or other interim order or
subsisting lease, the lessees shall not be entitled to carry
on any mining activity whatsoever in any of these lime stone
quarries and shall desist from doing so. The lessees of
these limestone quarries will also not in the meanwhile be
permitted to rectify the defects pointed out in the orders
issued by the District Mining authority but they may include
the proposal for which rectification in the scheme or
schemes which they may submit to the Bandyopadhyay
Committee. We may however make it clear that non
rectification of the defects pursuant to the notices issued
by the District Mining authorities shall not be taken
advantage of by the State of Uttar Pradesh as a ground for
terminating the lease or leases.
We may point out that so far as the lime stone quarries
at Sl. Nos. 1 7 to 20 in category in the Bhargav Committee
Report are concerned we are informed that they have already
been closed down and no further direction therefore is
necessary to be given in regard to them save and except in
regard to removal of the lime stone, dolomite and marble
chips which may have already been mined and which may be
lying at the site for which we are giving separate
directions in one of the succeeding paragraphs in this
order.
The consequence of this Order made by us would be that
the lessees of lime stone quarries which have been directed
to be closed down permanently under this Order or which may
be directed to be closed down permanently after
consideration of the report of the Bandopadhyay Committee,
would be thrown out of business in which they have invested
large sums of money and expanded considerable time and
effort. This would undoubtedly cause hardship to the but It
is a price that has to be paid for protecting and
safeguarding the right of the people to live in healthy
environment with minimal H
180
disturbance of ecological balance and without avoidable
hazard to them and to their cattle, homes and agricultural
land and undue affectation of air, water and environment
However, in order to mitigate their hardship, we would
direct the Government of India and the State of Uttar
Pradesh that whenever any other area in the State of Uttar
Pradesh is thrown open for grant of lime stone or dolomite
quarrying, the lessees who are displaced as a result of this
order shall be afforded priority in grant of lease of such
area and intimation that such area is available for grant of
lease shall be given to the lessees who are displaced so
that they can apply for grant of lease of such area and on
the basis of such application, priority may be given to them
subject, of course, to their otherwise being found fit and
eligible. We have no doubt that while throwing open new
areas for grant of lease for lime stone or dolomite
quarrying, the Government of India and the State of Uttar
Pradesh will take into account the considerations to which
we have averted in this order.
We are conscious that as a result of this Order made by
us, the workmen employed in the lime stone quarries which
have been directed to be closed down permanently under this
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Order or which may be directed to be closed down permanently
after consideration of the report of the Bandopadhyay
Committee, will be thrown out of employment and even those
workmen who are employed in the lime stone quarries which
have been directed to be closed down temporarily pending
submission of scheme or schemes by the lessees and
consideration of such scheme or schemes by the Bandyopadhyay
Committee, will be without work for the time being. But the
lime stone quarries which have been or which may be directed
to be closed down permanently will have to be reclaimed and
afforestation and soil conservation programme will have to
be taken up in respect of such lime stone quarries and we
would therefore direct that immediate steps shall be given
for reclamation of the areas forming part of such limestone
quarries with the help of the already available Eco-Task
Force of the Department of Environment, Government of India
and the workmen who are thrown out of employment in
consequence of this Order shall, as far as practicable and
in the shortest possible time, be provided employment in the
afforestation and soil conservation programme to be taken up
in this area.
There are several applications before us for removal of
lime
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stone, dolomite and marble chips mined from the quarries and
lying at the site and these applications also are being
disposed of by this Order. So far as lime stone quarries
classified as category in the Bhargav Committee Report and
for category 1 in the Working Group Report and falling
outside the city limits of Mussorrie are concerned, we have
permitted the lessees of these lime stone quarries to carry
on mining operations and hence they must be allowed to
remove whatever minerals are lying at the site of these lime
stone quarries without any restriction whatsoever, save and
except those prescribed by any statutes, rules or
regulations and subject to payment of royalty. So far as the
other lime stone quarries are concerned, whether comprised
in category of Bhargav Committee Report or category 1 of the
Working Group Report and falling within the city limits of
Mussorrie or falling within category or category of the
Bhargav Committee Report or category 2 of the Working Group
Report, there is a serious dispute between the lessees of
these lime stone quarries on the hand and the petitioners
and the state of Utter Pradesh on the other as to what is
the exact quantity of minerals mined by the lessees and
lying at the site. We had made an order on 15th December
1983 requiring the District Magistrate Dehradun to depute
some officer either of his Department or of the Mining
Department to visit the site of these lime stone quarries
for the purpose of assessing the exact quantity of lime
stone lying there and to report in this connection. The
District Magistrate, Dehradun deputed the Sub-Divisional
Magistrates of Mussoorie and Tehsildar (Quarry) Dehradun to
inspect the 20 stone quarries comprised in category of the
Bhargav Committee Report which had been ordered to be closed
down under the directions of the Bhargav Committee and an
affidavit was filed on behalf of the District Magistrate
Dehradun, by Kedar Singh Arya, Tehsildar (Quarry) Dehradun,
annexing a chart showing the details of the minerals mined
by the lessees of those lime stone quarries and lying at the
site. Thereafter, when again the case came up for hearing
before us an 5th January 1984, we, in order to allay any
apprehensions on the part of the lessees that the District
Authorities had not done their job correctly in assessing
the quantity of minerals lying at the site, appointed a
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Committee of two officers, namely, Shri D. Bandophadyay and
Director of Geology (Mines) Lucknow for the purpose of
visiting the time stone quarries which had been directed to
be closed down and to assess the quantity of minerals lying
on the site of those limestone quarries
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after giving notice to the concerned lessees as also to the
District Magistrate Dehradun and the representatives of the
petitioners. Pursuant to this order made by us, Shri D,
Bandhopadhyay and the Director of Guology (Mines) Lucknow
visited the lime stone quarries comprised in category of the
Bhargav Committee Report and directed to be closed down and
assessed the quantity of minerals lying at the site of each
of these lime stone quarries. The quantity of minerals lying
at the site, a cording to Shri D. Bandopadhyay and the
Director of Geology (Mines), was very much less than what
was claimed by the lessees and it does appear that though
these lime stone quarries were directed to be closed down,
illegal mining was being carried on clandestinely, because
otherwise it is difficult to understand how the figures of
the quantity of the minerals lying at the site as assessed
in December. 1983 by the District Authorities became
inflated when Shri D. Bandophadyay and Director of Geology
(Mines) made their assessment in January 1984 and thereafter
the figures again got inflated if the quantity now claimed
by the lessees as lying on the site is correct. We do not,
however, propose to go into the question as to what was the
precise quantity of minerals mined by the lessees of these
limestone quarries and lying at the site at the time when
these lime stone quarries were closed down under the
directions of the Bhargav Committee. We would permit the
lessees of these lime stone quarries to remove whatever
minerals are found lying at the site or its vicinity
provided and of course such minerals are covered by their
respective leases or quarry permits. Such removal will be
carried out and completed by the lessees within four weeks
from the date of this Order and it shall be done ill the
presence of an officer not below the rank of Deputy
Collector to be nominated by the District Magistrate,
Dehradun, a gazetted officer from the Mines Department
nominated by the Director of Mines and a public spirit
individual in Dehradun, other than Mr. Avdesh Koushal, to be
nominated by Shri D. Bandopadhyay. These nomination shall be
made within one week from today and they may be changed
from time to time depending on the exigencies of the
situation. Notice of intended removal of minerals lying at
the site shall be given by the lessees to the District
Magistrate Dehradun, Director of Mines Dehradun and the
person nominated by Shri D. Bandophadyay. No part of the
minerals lying at the site shall be removed by the lessees
except in the presence of the above mentioned three persons.
The lessees will on the expiry of the period of four weeks
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submit a report to this Court setting out the precise
quantities of minerals removed by them from the site
pursuant to this Order made by us. The lessees shall not be
entitled to remove any minerals after the expiration of the
period of four weeks.
Before we close we wish to express our sense of
appreciation for the very commendable assistance rendered to
us by Shri Pramod Dayal, learned advocate appearing on
behalf of some of the lessees. He undertook the
responsibility of arranging the various affidavits and
written submissions in a proper and systematic manner and we
must confess that but for the extremely able assistance
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rendered by him, it would not have been possible for us to
complete the hearing of this case satisfactorily and to pass
this order within such a short time. We would direct that
the Government of India and the State of Uttar Pradesh
should each pay a sum of Rs. 5,000 to Shri Pramod Dayal for
the work done by him. We may point out that this payment to
Shri Pramod Dayal is not in lieu of costs but is an
additional remuneration which we are directing to be paid in
recognition of the very valuable assistance rendered by him
to the Court.
M.L.A.
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