RURAL LITIGATION & ENTITLEMENT KENDRA versus STATE OF U.P.

Citation: [1988] SUPP. 2 S.C.R. 690 · Decided: 30-08-1988 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Disposed off

Judgment (excerpt)

A 
RURAL LITIGATION,& ENTITLEMENT KENDRA 
v. 
STATE OF U.P. 
AUGUST 30, 1988 
B 
[RANGANATH MISRA AND.MURARI MOHON DUTT, JJ.] 
c 
Constitution of India, 1950: Article 32-Limestone quarries-
Dehradun Mussoorie belt-Public interest litigation against pollution-
High Powered Committee to. be set up to look after re-afforestation, 
mining activities and bring about natural normalcy in the Doon Valley. 
Forest (Conservation) Act 1980: Limestone quarries in Doon 
Valley-Continuance of mining activity-lmpermissibitity of. 
Public Interest Litigation·: Procedural laws apply but every 
technicality. in procedural laws not available in matters of grave public 
D importance. 
A letter-petition, and an application, containing allegations of 
unauthorised and illegal mining in the Mussoorie-Dehradun belt, 
affecting adversely the ecology and envlronmental order of the area, 
were directed to be registrered as writ petitions under public interest 
IE 
litigation. Apart from the Governments of the Union and of Uttar 
Pradesh, several governmental agencies and mining lessees appeared in 
the proceedings. A number of committees and working groups were set 
up both by the Court and the Central Government to look into the 
various aspects of the problem, their reports received and several com-
prehensive interlocutory directions issued. 
F 
One of the Committees, referred to as the Bhargava Committee, 
classified the mines into three groups, being A, B, C. On the basis of the 
recommendations of the Bhargava Committee" Report and other mate-
rial, the Court directed, by its order dated-12th March, 1985, that C 
category mines of the Bhargava Committee Report should be closed 
G down permanently. Similar order was made in regard to B category 
mines situated in the shasradhara block. The Court further directed A 
category mines located within the Mussoorie municipal limits and the 
remaining B category mines to submit their mining scheme for scrutiny 
of the Bandyopadhyay Committee. The Court, however, allowed A 
category mines located outside the city limits to operate. 
H 
690 
RURAL LITIGATION v. STATE OF U.P. 
69! 
Some of the mlnes which were ordered to be closed down had 
A 
earlier been refused renewal of their mlning licences. These mines, 
however, continued to operate under the orders of various courts which 
had granted extensio.n of their leases pending the final. orders of the 
courts. This Court, in its order dated 12th March, 1985 had therefore, 
directed that if any mining lessee of a mine, which had been ordered to 
be closed down, was running under the first grant or under Court's B, 
orders after its expiry, it would not be entitled to take advantage of that 
position. 
In its order dated 16th December, 1986 this Court recognised the 
need to strike a balance between preservation and utilisation of de· 
posits, and urged the Government to take a policy decision in the mat· 
C 
ter. The Government thereupon set up another committee to examine 
the working of the limestone mining operations in the Doon valley. This 
Committee inspected six mines which were operating. Three of these 
mines were operating under valid mining leases and the other three, 
whose leases had expired in December 1982, were operating under or· 
ders of different courts. 
D 
Keeping in view the reports of the committee and the submissions 
at the Bar, the Court passed further orders. 
On behalf of the lessees it was contended: ( 1) decision of this 
Court dated 12th March, 1985 was final in certain aspects including the 
E 
release of the A category mines outside the city limits from ihe proceed· 
ings, and in view of such finality it is not open to this Court in the same 
proceedings at a later stage to direct differently in regard to what has 
been decided earlier; (2) during the pendency of these writ petitions, 
the Environment Protection Act of 1986 has come into force and since 
that Statute and the Rules made thereunder provide detailed procedure 
F 
to deal with the situations that arise ii) these cases, this Could should no 
more deal with the matter and leave it to be looked into by the au• 
thorities under the Act, and (3) there would be a total stalemate in the 
manufacture of drugs and sugar, as also steel, in case mining activity is 
stopped. 
G 
Disposing of the writ petition, this Court, 
HELD: (1) "Forest" was initially a State subject covered by En· 
try 19 in List II of the Seventh Schedule. In 1976, under the 42nd ~mend· 
ment 

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