(1) MR M.C. Mehta - environmentalist lawyer - has filed this public interest petition under Article 32 of the Constitution of India seeking a direction to the Haryana Pollution Control Board (the Board) to control the pollution caused by the stone crushers, pulverisers and mine operators in the Faridabad- Balabgarh area. We are in the process of monitoring the petition. The core question which we propose to deal with in this order is whether - to preserve environment and control pollution - the mining operations should be stopped within the radius of five kilometres (kms) from the tourist resorts of Badkal Lake and Surajkund in the State of Haryana.

(2) THIS court by order dated 20-1 1-1995 directed the Board to inspect and ascertain the impact of mining operations on the ecologically sensitive area of Badkal Lake and Surajkund. The inspection was done by a team of the Board comprising Dr B. Sengupta, Senior Scientist, Shri Lalit Kapoor, Senior Environmental Engineer, Shri R.C. Kataria, Environmental Engineer and Dr J. Moitra, Scientist B. The inspection report of the Board was placed before this Court along with an affidavit filed by Dr S.P. Chakrabarti, Member secretary of the Board. In the affidavit, regarding the mining activities, it is stated as under:

"FOR the purpose of mining, explosives are being used for rock blasting. Because of unscientific mining operation, overburden materials (topsoil and murum remain) were observed to be lying haphazardly. Deep mining for extracting silica sand lumps is causing ecological disaster as these mines lie unreclaimed and abandoned. As a matter of fact mining site reveals total lack of environmental planning."

THE report contains the following recommendations regarding the mining activities in the area: "Mining

AT present, manual as well as semi-mechanised mining of hard stone, weathered soft stone and coarse sand in 33 mining areas leased by the State Government of Haryana is operative. Explosives are used for rock blasting. Recommendations

(1 Environmental Management Plan (EMP) shall be prepared by mine leaseholders for their mines and actual mining operation made operative after obtaining approval from the State Department of Environment or Haryana State Pollution Control Board. The Environmental Management Plan (EMP) should be implemented following a time-bound action plan. Land reclamation and afforestation programmes shall also be included in the EMP and must be implemented strictly by the implementing authorities.

(2 Mining activities should be stopped within a radius of 5 kms from Badkal Lake and Surajkund (tourist place).

(3 At present mining activities are going on without obtaining consent as required under the Air (Prevention and Control of Pollution) Act, 1981, from the Haryana State Pollution Control Board. Mine leaseholders shall take appropriate steps to obtain consent from the State Pollution Control Board failing which the State Pollution Board shall take necessary action in this regard.

(4 The mine-owners should adhere strictly to Mine Safety Plan and install all necessary devices.

(5 The overburden along with topsoil should be properly preserved for use at the time of reclamation of abandoned mine.

(6 Use of explosives in the mines should be regulated as per the Explosives Act, 1884 and after obtaining approval from the competent authorities."

THIS court on 21/3/1996 noticed the statement of Mr Gopal Subramaniam, the learned counsel appearing for the State of Haryana in the following words:

"MR Gopal Subramaniam states that the mining work has stopped within the radius of 5 kms of Badkal Lake and Surajkund. We appreciate the gesture of the Haryana government. Mr Subramaniam states that the steps to provide green belt in that area are also in progress. He shall place on record the positive steps which are in contemplation."

MR Shanti Bhushan, Mr G.L. Sanghi and Mr R.S. Suri, the learned counsel appearing