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2002 Supreme(SC) 1155
Supreme Court Of India
Y.K. SABHARWALAND H.K. SEMA, JJ.
IA No. 1785 in IA No. 22 in WP (C) No. 4677 of 1985 with IAs Nos. 1806,1815,1817-19,1822-25,1794 and 1795
M.C. MEHTA -Petitioner;
Versus
UNION OF INDIA AND OTHERS -Respondents.
With
Writ Petition (C) No. 410 of 2002
SOM PARKASH SETHI AND OTHERS -petitioners
Versus
COMMISSIONER AND SECRETARY TO GOVERNMENT OF HARYANA AND ANOTHER -Petitioners
With Writ Petition (C) No. 428 of 2002 with IAs No.2 and 3 and WP (C) No. 624 of 2002
SRI CHAND AND OTHERS -Petitioners
UNION OF INDIA AND OTHERS -Respondents.
IA No. 1785 in IA No. 22 in WP (C) No. 4677 of 1985 with IAs Nos. 1806, 1815,1817-19,1822-25,1794 and 1795, Writ Petitions (C) Nos. 410 and 428 of 2002, IAs No.2 and 3, WP (C) No. 624 of 2002 decided on November 25, 2002
Compliance with court orders and personal liability for violations
Headnote:
Mining - Environmental Impact Assessment - Court directs Ministry of Environment and Forests to deal with pending applications and stop illegal mining activities in specified areas
Fact of the Case:
The court directed the leaseholders to provide a list of applications for environment impact assessment. The Ministry of Environment and Forests was directed to deal with the applications and stop illegal mining activities in specified areas.
Finding of the Court:
The court found that despite previous orders, illegal mining activities were ongoing. It directed the concerned authorities to ensure compliance and be held personally liable for any violations.
Issues: Illegal mining activities, compliance with court orders, disbursement of royalty to villagers
Ratio Decidendi: The court emphasized the need for compliance with orders to stop illegal mining activities and the disbursement of royalty to villagers. It held the concerned authorities personally liable for any violations.
Final Decision: The court scheduled the next hearing to consider overburdening and the disbursement of royalty, and directed the State of Haryana to file an affidavit indicating when they intend to disburse the royalty.
ORDER
1. In terms of the order dated 31-1O-2002tt, counsel for the leaseholders were directed to give the list of applications which had been filed for obtaining environment impact assessment so that the Ministry of Environment and Forests can be put to notice to deal with those applications and to dispose of them within a period to be specified by this Court. Some counsel submit that they have filed those applications while others submit that they have with them the same in court. On behalf of the Union of India, Ministry of Environment and Forests, Dr. T. Chandini, Additional Director, has filed an affidavit dated 14-11-2002. That affidavit also states that the application covered by notification dated 27-1-1994 does not cover the district of Faridabad. Let the applications referred above be given to Mr A.D.N. Rao, Advocate, within one week. Mr Rao would in turn send those applications to the Central Empowered Committee.
2. The State of Haryana has filed an additional affidavit of its Commissioner and Secretary to Government of Haryana, Mines and Geology Department, Chandigarh - one Mr Manik Sonawane. The copies of the affidavit of Mr Manik Sonawane and Dr. T. Chandini can be collected from the respective counsel by those who wish to respond thereto. Mr Ranjit Kumar, learned amicus stated that he would also like to examine the aspect of delegation in respect of Gurgaon referred in the affidavit of the State of Haryana. Let him do so before the next date of hearing. Regarding the time-frame for considering the application, the Central Empowered Committee shall file its suggestions on or before the next date of hearing.
3. In terms of the order dated 6-5-2002*, the Chief Secretary, Government of Haryana was directed to stop all mining activities and pumping of groundwater in and from an area up to 5 km from the Delhi- Haryana border and also in the Aravalli hills. There are subsequent orders as well on the aspect of stopping mining activities in Aravalli hills. Mr Ranjit Kumar states that he has reliably learnt that despite these orders mining a activity is going on illegally. We wish to make it clear that the Deputy Commissioner and Inspector General of Police (Range) concerned shall ensure the compliance with these orders and in case of any violation thereof, they may be held personally liable. They may file affidavit of compliance before the next date of hearing.
4. The question of overburdening will also be considered on the next b date.
5. Regarding the disbursement of royalty to the villagers, the State of Haryana shall file within two weeks an affidavit indicating as to when they intend to disburse it.
6. Put up on 13-12-2002.
