RURAL LITIGATION AND ENTITLEMENT KENDRA & ORS. ETC. versus STATE OF UTTAR PRADESH & ORS. ETC.

Citation: [1987] 1 S.C.R. 641 · Decided: 18-12-1986 · Supreme Court of India · Bench: A.P. SEN · Disposal: Disposed off

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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RURAL LITIGATION AND ENTITLEMENT 
KENDRA & ORS. E'fC. 
v. 
STATE OF UTTAR PRADESH & ORS. ETC. 
DECEMBER 18, 1986 
[RANGANATH MISRA AND A.J.N. SEN, JJ.) 
A 
B 
·...f. 
Constitution of India, 1950:-
...., 
Artic/e 
5 I A (g)--Environment-Preservation 
of-Ecological 
balance keeping unaffected-Task-Government as also every citizen 
undertake. 
Mineral Regulations Act, 1948/ Minerals Concession Rules, 1949: 
Limestone-Quarrying of-Grant of mining /eases-Deposits not to 
be exploited at cost of ecology and environmental consideration. 
c 
A letter received from the Rural Litigation and Entitlement 
Kendra Dehradun was treated as a Writ fetition and notices issued. 
D 
The main allegations therein related to unauthorised and illegal mining 
operations carried on in the Mussoorie Hills and the area around 
adversely affecting the ecology orthe area and leading to, environmental 
disturbances. In July, 1983 this Court directed all fresh quarrying to he 
stopped. 
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E 
_-;<( 
I , 
On ll .8.1983 this Court "ppointed Bhargav Committee for 
inspecting all the mines except those belonging to the State of Uttar 
?radesh and the Union of India for determining whether the safety 
standards laid down in the Mines Act 1952 and the. Mines Rules were 
being observed or not and whether there was any danger of landslides 
or was any hazard to individuals, cattle or agricultural lands by carry-
ing on of mining operatioiis. Blasting operations in tbe area were also 
directed to he stopped. On the basis of the main report of the said 
Committee this Court on August 24, 1983 permitted removal of 
li~estone already quarried. The Committee directed closure of some of 
the mines and reported the defects appearing in other mines and called 
upon the mine owne..S to carry out rectifications. 
The Bhargav Committee classified the mines in A, B and C 
groups. So far as the mines in Group <.: were concerned, the Committee· 
recommended that they should he closed down. As regards the mines in 
Group A, the Committee opined that the quarrying could he carried on 
F 
G 
H 
without any environmental or ecole>gical hazard. The Committee also 
641 
642 
SUPREME COURT REPORTS 
[1987] l S.C.R. 
A 
recommended closure of B Group mines parmanently. The Union ... 
Government had also appointed a Working Group on mining of 
limestone quarries in Dehradun and Mussoorie area some time in, 1983 
which was also headed by Shri Bhargav who was heading the Commit-
tee appointed by this Court. The Working Group submitted its report 
in September, 1983. After a comparative analysis of the two reports, 
B 
the Court found that the Working Group had taken these very mines ,.. 
for their study and had divided the mines into two categories, namely, 
Class I and Class II. AU the mines then categorised as Class I were now 
included by the Bhargav Committee in Group A and the remaining 
mines now classified as Group B and C were in Class II. 
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c 
This Court had also appointed an Expert Committee headed by 
).._ 
Professor Valdia to consider the problems .of ecology and environment 
with reference to mining. Professor V aldia gave a separate report while ·-f 
the other two members gave a joint report. In its order of March 12, 
1985, this Court observed that it does not propose to rely on the report 
of Professor V aldia and it would not be safe to direct continuance or 
D 
discontinuance of mining operations in limestone quarries on the basis 
of Main Boundary Thrust. In 12th March, 1985 order this Court 
directed that the limestone quarries located in Sahasradhara Block and 
placed in Category II by the Working Group should be closed down, that 
the limestone quarries placed in Category II by the Working Group 
other than those which are placed in Category B and C by the Bhargav 
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E 
Committee should also be closed down save and except for the limestone 
quarries covered by the mining leases numbers 31, 36 and 37 for which 
the same direction should be given as would be given in regard to the 
limestone quarries classified as Category B in the Bhargav Committee -
Report, and that if there are any subsisting leases in respect of any of 
these limestone quarries they will forthwith come to an end and if any 
F 
suits or writ petitions for continuance expire on unexpired leases in 
respect of any of these limestone quarries are pending, they too will 
')..,, 
stand dismissed. 
I 
This Court also directed closing down of the mines in A Category 
located within the municip

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