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2006 Supreme(SC) 236

Y. K. SABHARWAL, C. K. THAKKER
M. C. Mehta – Appellant
Versus
Union of India – Respondent


JUDGMENT

Y.K. Sabharwal, CJI.—The question for consideration at this stage is whether the mining activity carried out in Villages Khori Jamalpur and Sirohi in District Faridabad in Haryana are in violation of the orders passed by this Court on 6th May, 2002. According to the State Government and leaseholders, the mining activity is carried on in an area measuring 75.05 hectares in Khori Jamalpur and 50.568 hectares in Sirohi, totaling 125.618 hectares and it is neither in violation of the orders of this Court nor of law. On the other hand, the petitioner and learned Amicus Curiae, submit that the mining activity is in violation of the order dated 6th May, 2002 and in any case, the mining activity results in degradation of environment.

2. On 6th May, 2002 this Court directed the Government of Haryana to ‘stop all mining activities and pumping of ground water in and from an area upto 5 kms. from the Delhi-Haryana border in the Haryana side of the ridge and also in the Aravalli hills. The mining activity in question does not fall within the limit of 5 kms. According to the petitioner, the limit of 5 kms. is not applicable in respect of mining in Aravalli hills in Haryana. For deciding t





















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