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1987 Supreme(SC) 790

RANGANATH MISRA AND M.M. DUTT, JJ.
Writ Petns. Nos. 8209 and 8821 of 1983 (With W. P. Nos. 959 / 87, 1770 / 86 and 876 of 1987), D/- 19-10-1987.
Rural Litigation and Entitlement Kendra, Petitioners
Versus
State of U.P., Respondent.

Advocates:
A.D.SANGAR, A.SUBBA RAO, C.M.NAYAR, C.P.LAL, CHANDAN RAMAMURTHI, D.M.Nargolkar, DEVI DITTA MAL, Harjinder Singh, INDRA MAKWANA, K.K.JAIN, K.R.NAMBIAR, KAPIL SIBAL, L.M.SINGHVI, M.A.KRISHNAMURTHY, M.G.RAMA CHANDRA RAO, M.K.RAMAMURTHY, M.KARANJAVALA, P.K.JAIN, P.N.MISHRA, P.P.JUNEJA, PARIJAT SINHA, PRAMOD DAYAL, R.B.MAHATO, R.RAMACHANDRAN, RAJINDER SACHAR, RISHI KESH, S.A.SYED, S.C.GUPTA, S.M.Puri, S.S.Khanduja, Shri Narain, SUDHANSHU ATREYA, SUSHIL JAIN, TAPAS RAY

Headnote:

Mines Act, 1952 - Quarries - Lime Stone Quarries - Quarries Closed Down - Quarries in that area were classified into three categories being A, B and C - Category C in Bhargav Committee Report are concerned which have already been closed down under directions of the Bhargav Committee should not be allowed to be operated - Category B quarries of Bhargav Committee Report, this Court held that such lime stone quarries should not be allowed to be operated and should be closed down forthwith - Similarly B category stone quarries in report of working group other than mining leases were directed also to be closed down finally - A category lime stone quarries of Bhargav Committee report, judgment classified stone quarries into two groups - Those which were located within Mussoorie municipal limits and others which were not so located - Whether lime stone quarry or quarries in respect of which report has been made should be allowed to be operated or not - Whether other indigenous sources are available to meet such requirement – Held, Court is of view that stone quarrying in Doon Valley area should generally be stopped and reasons thereof court shall provide in due course - At same time it would be difficult to overlook economic and defence interests of country - There is material on record that for production of sophisticated defence armaments it is necessary to utilise this high grade lime stone - As we have already pointed out, question of foreign exchange is also involved - This aspect of matter had not been considered by Court earlier and even Union of India has not placed exact material relevant to come to a conclusion by taking into consideration requisite material - Court expects Union of India to balance these tuo aspects and place on record its stand not as a party to litigation but as a protector of environment in discharge of its statutory and social obligation for purpose of consideration of Court by way of assisting Court in disposing of matters in issue - If Court comes to conclusion that minimum requirement of lime stone will be permitted to be lifted from some of these lime stone quarries, it shall be for Court to indicate as to which of quarries shall be operated for that limited purpose – Court make it clear that whichever quarries may be permitted to be worked out game shall be subjected to strict control and regulations and would have to undertake acceptance of obligation to maintain green cover of area by diverting a major portion of its profits - Court intends to constitute a superintending body for effective control of environment and ecology in area by appointing a committee of experts, public authorities, residents and such other persons as may be approved by Court - In due course court shall advert to that aspect – Order accordingly.

ORDER: - A three-Judge Bench consisting of one of us by judgment dated March 12, 1985, reported in (1985) 2 SCC 431: (AIR 1985 SC 652) made a detailed order regarding the working of the lime stone quarries in the Dehradun-Mussorrie belt. The quarries in that area were classified into three categories being A, B and C. In regard to the C grade quarries, this Court ordered (at p. 654 of AIR) :-

"We are 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 operation, such stay order will stand dissolved and 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. If there are any suits or writ petitions for continuation of expired or unexpired leases in respect of any of these lime stone quarries pending, they will stand dismissed."

Thus in regard to the C grade quarries, the dispute has ended.

2. Coming to category B quarries of the Bhargav Committee Report, this Court held that such lime stone quarries should not be allowed to be operated and should be closed down forthwith. Similarly the B category stone quarries in the report of the working group other than mining leases Nos. 31, 36 and 37 were directed also to be closed down finally and this Court further directed (at p. 655 of AIR) :-

"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."

In regard to the remaining B category lime stone quarries, in paragraph 10 of the judgment this Court dealt with the question at length; the lessees were directed to submit schemes to the Committee and the Committee was directed to examine such schemes at length and make a full report to the Court. This Court indicated (at p 656 of AIR) :-

"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 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 these 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 stone quarries are not operated or worked and no mining activity is carried on even clandestinely. This order made by us will supersede 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 a 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 Court took note of the fact that Sl. Nos. 17 to 20 in category B of the Bhargav Committee report had already closed down and, therefore, no direction was necessary to be given in regard to them save and except in regard to removal of the lime stone or marble chips already gathered.

3. In regard to the A category lime stone quarries of the Bhargav Committee report, the judgment classified the stone quarries into two groups - those which were located within the Mussoorie municipal limits and the others which were not so located. In regard to the stone quarries of the A category within the municipal limits the same direction as given in respect of the B category stone quarries referred to above was given. In regard to the remaining A category stone quar














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