HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Reserved on : 26.08.2020 Pronounced on: 30.09.2020 LPA No. 53/2020(Jammu)

(EMG-LPA No.2/2020)

EMG-CM No.4/2020 (Through Video Conferencing from Jammu)

Rakesh Kumar Choudhary .....Appellant Through :- Mr. Vikram Sharma, Advocate (On Video Conference from his residence at Jammu)

Mr. Sunil Sethi, Sr. Advocate with Mr. Ravi Abrol, Advocate (On Video Conference from their residence at Jammu)

V/s Union Territory of J&K and Others .....Respondent(s)

Through :- Mr. F. A. Natnoo, AAG (On Video Conferencing from the High Court at Jammu)

LPA No. 56/2020 (Jammu)

(EMG-LPA no.5/2020)

EMG-CM no.13/2020 (for interim relief)

(Through Video Conferencing)

.....Appellants Chaman Lal Through :- Mr. P. N. Raina, Sr. Advocate with Mr. J. A. Hamal, Advocate.

(On Video Conferencing from office)

V/s State of J&K (Now Union Territory of J&K) & Others .....Respondent(s)

Through :- Mr. F. A. Natnoo, AAG (On Video Conferencing from the High Court at Jammu)

LPA No.61/2020 (Srinagar)

CM Nos.1978 & 1977/2020 (Through Video Conferencing from Srinagar)

M/s Usman Construction and others .....Appellant Through :- Mr. Altaf Naik, Senior Advocate (On Video Conferencing from High Court at Srinagar)

V/s Union Territory of J&K and Others .....Respondent(s)

Through :- Mr. F. A. Natnoo, AAG (On Video Conferencing from High Court at Jammu)

LPA No.62/2020 (Srinagar)

CM Nos.1979, 1980 & 1981/2020 (Through Video Conferencing from Srinagar)

M/s Mohammad Ashore and others .....Appellant Through :- Mr. Hakim Suhail Ishtiaq, Advocate (On video conference from High Court at Srinagar)

V/s Commissioner/Secretary to Government and Another .....Respondent(s)

Through :- Mr. F. A. Natnoo, AAG (On Video Conferencing from High Court at Jammu)

LPA no.63/2020(Srinagar)

CM Nos.1982, 1983 & 1984/2020 (Through Video Conferencing from Srinagar)

Mohammad Farooq Lone & Others .....Appellants Through :- Mr. Hakim Suhail Ishtiaq, Advocate (On video conference from High Court at Srinagar)

V/s Union Territory of J&K & Others .....Respondent(s)

Through :- Mr. F. A. Natnoo, AAG (On Video Conferencing from High Court at Jammu)

LPA No.64/2020 (Srinagar)

CM Nos.1936, 1937 & 1938/2020 (Through Video Conferencing from Srinagar)

Vikar Ahmad Dar …...Appellants Through:- Mr. Z. A. Shah, Sr. Advocate (On video conferencing from High Court at Srinagar)

v/s State of J&K and others …..Respondent(s)

Through:- Mr. F. A. Natnoo, AAG (On video Conferencing from High Court at Jammu)

LPA No. 58/2020 (Jammu)

(EMG-LPA No.7/2020) EMG-CM Nos.16/2020 (Through Video Conferencing from Jammu)

Nagar Singh …...Appellants Through:- Mr. Abhinav Sharma, Advocate (On video conferencing from his office at Jammu)

v/s State of J&K and others …..Respondent(s)

Through:- Mr. F. A. Natnoo, AAG (On video Conferencing from High Court at Jammu)

LPA No. 77/2020 (Srinagar)

CM No.2361/2020 (Through Video Conferencing from Srinagar)

Shahnawaz Ahmad Bhat & anr. …...Appellants Through:- Mr. Vivek Sharma, Advocate (On video conferencing)

v/s Union Territory of J&K and others …..Respondent(s)

Through:- Mr. F. A. Natnoo, AAG (On video Conferencing from High Court at Jammu)

Coram:

HON9BLE THE CHIEF JUSTICE (On Video Conference from High Court at Srinagar)

HON9BLE MR. JUSTICE SANJAY DHAR, JUDGE (On Video Conference from High Court at Srinagar)

JUDGMENT

Per Gita Mittal, CJ.

6. Rivers, Forests, Minerals and such other resources constitute a nation's natural wealth. These resources are not to be frittered away and exhausted by any one generation. Every generation owes a duty to all succeeding generations to develop and conserve the natural resources of the nation in the best possible way. It is in the interest of mankind. It is in the interest of the Nation. It is recognised by Parliament. Parliament has declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals. It has enacted the Mines and Minerals (Regulation and Development) Act, 1957.=

(Ref: (1981) 2 SCC 205, State o