RURAL LITIGATION AND ENTITLEMENT KENDRA DEHRADUN & ORS. versus STATE OF U.P. & ORS.

Citation: [1985] 3 S.C.R. 169 · Decided: 12-03-1985 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Disposed off
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Judgment (excerpt)

RURAL LITIGATION AND ENTITLEMENT KENDRA 
DEHRADUN & ORS. 
A 
v. 
STATE OF U.P. & ORS. 
March 12, 1985 
[P.N. BHAGWATI AMARENDRA NAfH SEN AND RANGANATH 
-
MISRA, JJ .) 
Constitution of India, Arts.32 and 48A Environmental pollution - Lime-
stone deposits-quarrying and excavation of -
ascertainment of pollution-Court.J 
}urisdictiori to appoint Committees-Suggestion of remedial measUres by commit-
tees -Necssity of. 
The present Writ Petitions relate to the mining of lime stone quarries 
in Dehradun mining area.~ During the pendency of the Writ Petitions, the 
Court appointed a Committee known as Bhargav Committee for th~ purpose -
of inspecting the lime· stone quarries mentioned in the writ petitions. The 
Government of India had also appointed a Working Group headed by the 
same Sh. D.N. Bhargav who was a member of the Bhargav Committee 
appointed by the Court _on mining of lime stone quarries in Dehradun-
Mussooric area, some time in 1983 
After the hearing was over, the Court 
passed the following order on the Writ Petitions observing that the reas0ns 
for the order will be set out in the judgment to follow later. 
I. The Court is clearly of the vieW that so far as the lime stone quarries 
classified in category (c) in the Bhargav Committee Reoprt are concerned, which 
have already been closed down under the directions of the Bhargav Com-
mittee. should not be allowed to be operated. If the lessees of these lime 
stone quarries have obtained any stay order from any court permitting them 
to continue the mining operations, such stay order will stand dissolved and 
if there are any subsisting leases in respect of any of these lime stone quarries, 
they shaU stand terminated without any liability against the State of Uttar 
Pradesh. The lime stone quarries in Sahasradhara Block evea though they 
are placed in category (b) by the Bhargav Committee should also not be 
allowed to be operatcd~and should be closed down fourthwith. The Court 
would also direct, agreeing with the Report made by the Working Group 
that the lime stone quarries placed in category (2) by the Working Group 
other than those which are placed in categories (B) and (C) by the Bhargav 
Con1mittee should also not be allowed to be operated and should be closed 
down save and except for the Jime stonelquarries covered by mining leases 
Nos. 31, 36 and 37 for which tho Court would give the same direct!Pn as will 
be given in regard to the Jime stone quarries classified as category B in the 
B 
c 
D 
E 
F 
G 
H 
A 
B 
c 
D 
E 
F 
G 
H 
170 
SUPREME COURT REPORTS 
[1985] 3 S.C.R. 
Bhargav Committee Report. Jf there are subsisting leases in respect of any of 
these lime stone quarries they will forthwith come to an end and if any suits or 
writ petitions for continuance of expired or unexpired leases in respect of any 
of these lime stone quarries are pending, they too will stand dismissed. 
[175G-H; 176A] 
(2) So for as the lime stone quarries classified as category A in the Bhargav 
Committee Report and/or category 1 in the Working Group Report are con-
cerned, they are divided into two classes, one class consisting of those which 
are within the city limits of Mussorie and the other consisting of those 
which are outside the city limits. The Jime stone quarries falling within cate-
gory A of the Bhargav Committee Report and/or Category l of the Working 
Group Report and falling outside the city limits of rvrussoorie, should be allo~ 
wed to be operated ~ubject of corrse to the observance of the requirements of 
the 1,1ii1'.'.'; Act 1952, the Metalliferous Mines Regulations, 1961 and other 
relev~nt statutes, rules and regulations. Of course, it must be 
mdd~ clear 
that the Court is not holding that if the leases in respect of th:~e lime stone 
quanks have expired and suits or writ petitions for renewal of the leases are 
pending in the courts, such leases should be automatically ren~ wed. it will Ce 
for the appropriate courts to d('cide whether such leases shou 'd be renewed or 
not baving regard to the law and facts of each case. So far as the lime stone 
' quarries classified in category A in the Bhargav Committ.'~ Report and/or 
cat: gory 1 in the Working Group Report and falling within t'1e city limits of 
Mu'>~oorie are concerned, the Court would give the same direclion which is it 
giving in regard the lime stone quarrie3 
Committee Report. 
classified as categOry Bin the Bhargav 
[176P-H: 177A-Ci 
The Court does not propose to clear the lime st0
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