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K.S.RADHAKRISHNAN, CHANDRAMAULI KR.PRASAD
Deepak Kumar etc. – Appellant
Versus
State of Haryana – Respondent
The provided legal document does not explicitly state or indicate that the state government is not exempted from mining without any license.
The judgment focuses on regulating minor mineral mining through leases, permits, auctions, environmental clearances (even for areas <5 hectares), and compliance with MoEF recommendations and model rules under Section 15 of the Mines and Minerals (Development & Regulation) Act, 1957. It emphasizes that states/UTs grant such leases/permits/auctions only after environmental clearance (!) , frame rules (!) (!) (!) , and follow guidelines to prevent environmental harm [p_14 to p_19] (!) (!) .
However: - States issue mining leases/contracts even to their own agencies under exceptional circumstances (!) , implying such agencies require them. - No paragraph directly addresses exemptions for state governments themselves undertaking mining operations without a lease/license, nor declares they are "not exempted." Illegal mining complaints refer to general activities, not state-conducted mining (!) .
States are positioned as regulators granting/auctioning leases (!) (!) (!) (!) (!) , not as operators potentially exempt from licensing requirements.
ORDER
K. S. Radhakrishnan, J.
I.A. Nos. 12-13 of 2011 are allowed. SLP (C) Nos.12498-12499 of 2010 be detagged and be listed after two weeks. The Department of Mines and Geology, Government of Haryana issued an auction notice dated 3.6.2011 proposing to auction the extraction of minor mineral boulder, gravel and sand quarries of an area not exceeding 4.5 hectares in each case in the District of Panchkula, auction notices dated 8.8.2011 in the District of Panchkula, Ambala and Yamuna Nagar exceeding 5 hectares and above, quarrying minor mineral, road metal and masonary stone mines in the District of Bhiwani, stone, sand mines in the District of Mohindergarh, slate stone mines in the District of Rewari, and also in the Districts of Kurukshetra, Karnal, Faridabad and Palwal, with certain restrictions for quarrying in the river beds of Yamuna, Tangri, Markanda, Ghaggar, Krishnavati River basin, Dohan River basin etc. The validity of those auction notices is under challenge before us, apart from the complaint of illegal mining going on in the State of Rajasthan and Uttar Pradesh.
2. When the matter came up for hearing on 25.11.2011, we passed an order directing the CEC to make a local
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