JUDGMENT :

SANJAY KISHAN KAUL, J.

1. An ideological battle often rages between preservation of environment and economic development. Mining activity and the manner in which it is carried on has had its proponents and opponents. Its necessity as an input for economic development is recognised but mining activity throughout our country for minerals or sands has had a troubled history on account of large-scale violations. This has also resulted in a ban on mining activity in certain areas at certain times – not the ideal method, but leaving little option open because of the rampant misuse of the licences to mine. The present litigation, in a sense, flows from the concern to regulate mining activity in eco-sensitive areas.

The Factual Development:

2. The fact flow of the present case shows that what we are faced with today has its seeds in prior litigation and orders passed in the past in the interest of ecology, yet some persons who had succeeded in the initial battle to carry out mining activity are faced with the consequences of orders passed in other litigations. It is this conundrum, which would have to be resolved by this Court.

3. Mining leases granted to projects in the mineral rich district of Sonbhadra, carved out of the district Mirzapur in the State of Uttar Pradesh (for short ‘State of UP’) in 1989 is the starting point. The All India Kaimur People’s Front (for short ‘AIKPF’) filed an application before the National Green Tribunal, New Delhi (for short ‘NGT’), being O.A. No.429/2016, inter alia seeking directions for immediate prohibition of alleged illegal mining in the vicinity of Kaimur Wildlife Sanctuary located in Village Billi Markundi in Sonbhadra District. The area being ecologically sensitive and preservation of wildlife being the objective, the NGT issued notices in the matter.

4. In pursuance of this initial development, a Notification dated 20.3.2017 was issued by the Ministry of Environment, Forest and Climate Change (for short ‘MoEFCC’) declaring the “area in question” as an Eco-Sensitive Zone (for short ‘ESZ’) under sub-section (1) and clauses (v) and (xiv) of sub-section(2) and (3) of the Environment (Protection) Act, 1986 (hereinafter referred to as the ‘EPA’).

5. The State of UP set out the factual position about the grant of leases before the NGT in an affidavit filed in this behalf. Thirty-three leases were stated to be operational outside ESZ. The NGT called upon the State of UP to explain the position of these leases in view of the order it had passed on 4.5.2016 in T.N. Godavarman Thirumalpad v. Union of India and Ors., In M.A. No. 1166 and 1164 of 2015 decided on 4.5.2016 by way of which the NGT had directed the State of UP to cancel all mining leases and all other non-forestry activities on the areas notified under Section 4 of the Indian Forest Act, 1927 (hereinafter referred to as the ‘Forest Act’). In order to appreciate the ramifications, Section 4 of the Forest Act is extracted hereinunder:

“4. Notification by State Government.—(1) Whenever it has been decided to constitute any land a reserved forest, the State Government shall issue a notification in the Official Gazette—

(a) declaring that it has been decided to constitute such land a reserved forest;

(b) specifying, as nearly as possible, the situation and limits of such land; and

(c) appointing an officer (hereinafter called “the Forest Settlement-officer”) to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits or in or over any forest-produce, and to deal with the same as provided in this Chapter.

Explanation.—For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries.

(2) The officer appointed under clause (c) of sub-sect