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Full Case Details
This case has been argued at great length before us not only because a large number of
lessees of lime stone quarries are involved and each of them has painstakingly and
exhaustively canvassed his factual as well as legal points of view but also because this is the
first case of its kind in the country involving issues relating to environment and ecological
balance and the questions arising for consideration are of grave moment and of significance
not only to the people residing in the Mussoorie Hill range forming part of the Himalayas but
also in their implications to the welfare of the generality of people living in the country. It
brings into sharp focus the conflict between development and conservation and serves to
emphasise the need for reconciling the two in the larger interest of the country. But since
having regard to the voluminous material placed before us and the momentous issues raised
for decision, it is not possible for us to prepare a full and detailed judgment immediately and
at the same time, on account of interim order made by us, mining operations carried out
through blasting have been stopped and the ends of justice require that the lessees of lime
stone quarries should know, without any unnecessary delay, as to where they stand in regard
to their lime stone quarries we propose to pass our order on the writ petitions. The reasons for
the order will be set out in the judgment to follow later.
- We had by an Order dated August 11, 1983 appointed a Committee consisting of Shri
D.N. Bhargav, Controller General, Indian Bureau of Mines, Nagpur, Shri M.S. Kahlon,
Director General of Mines Safety and Col. P. Mishra, Head of the Indian Photo Interpretation
Institute (National Remote Sensing Agency) for the purpose of inspecting the lime stone
quarries mentioned in the writ petition as also in the list submitted by the Government of
Uttar Pradesh. This Committee which we shall hereinafter for the sake of convenience refer to
as the Bhargav Committee, submitted three reports after inspecting most of the lime stone
quarries and it divided the lime stone quarries into three groups. The lime stone quarries
comprised in category A were those where in the opinion of the Bhargav Committee the
adverse impact of the mining operations was relatively less pronounced; category B
comprised those lime stone quarries where in the opinion of the Bhargav Committee the
adverse impact of mining operations was relatively more pronounced and category C covered
those lime stone quarries which had been directed to be closed down by the Bhargav
Committee under the orders made by us on account of deficiencies regarding safety and
hazards of more serious nature. - It seems that the Government of India also appointed a Working Group on Mining of
Lime Stone Quarries in Dehradun-Mussoorie area, some time in 1983. The Working Group
was also headed by the same Shri D.N. Bhargav who was a member of the Bhargav
Committee appointed by us. There were five other members of the Working Group along with
Shri D.N. Bhargav and one of them was Dr. S. Mudgal who was at the relevant time Director
in the Department of Environment, Government of India and who placed the Report of the
Working Group before the Court along with his affidavit. The Working Group in its Report
submitted in September 1983 made a review of lime stone quarry leases for continuance or
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discontinuance of mining operations and after a detailed consideration of various aspects
recommended that the lime stone quarries should be divided into two categories, namely
category 1 and category 2; category 1 comprising lime stone quarries considered suitable for
continuance of mining operations and category 2 comprising lime stone quarries which were
considered unsuitable for further mining. - It is interesting to note that the lime stone quarries comprised in category A of the
Bhargav Committee Report were the same lime stone quarries which were classified in
category 1 by the Working Group and the lime stone quarries in categories B and C of the
Bhargav Committee Report were classified in category 2 of the Report of the Working Group.
It will thus be seen that both the Bhargav Committee and the Working Group were unanimous
in their view that the lime stone quarries classified in category A by the Bhargav Committee
Report and category 1 by the Working Group were suitable for continuance of mining
operations. So far as the lime stone quarries in category C of the Bhargav Committee Report
are concerned, they were regarded by both the Bhargav Committee and the Working Group
as unsuitable for continuance of mining operations and both were of the view that they should
be closed down. The only difference between the Bhargav Committee and the Working Group
was in regard to lime stone quarries classified in category B. The Bhargav Committee Report
took the view that these lime stone quarries need not be closed down, but it did observe that
the adverse impact of mining operations in these lime stone quarries was more pronounced,
while the Working Group definitely took the view that these lime stone quarries were not
suitable for further mining. - We shall also examine in detail the question as to whether lime stone deposits act as
aquifers or not. But there can be no gainsaying that lime stone quarrying and excavation of
the lime stone deposits do seem to affect the perennial water springs. This environmental
disturbance has however to be weighed in the balance against the need of lime stone
quarrying for industrial purposes in the country and we have taken this aspect into account
while making this order. - We are clearly of the view that so far as the lime stone quarries classified in category C
in the Bhargav Committee Report are concerned which have already been closed down under
the directions of the Bhargav Committee, 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 shall stand terminated
without any liability against the State of Uttar Pradesh. If there are any suits or writ petitions
for continuance of expired or unexpired leases in respect of any of these lime stone quarries
pending, they will stand dismissed. - We would also give the same direction in regard to the lime stone quarries in the
Sahasradhara Block even though they are placed in category B by the Bhargav Committee. So
far as these lime stone quarries in Sahasradhara Block are concerned, we agree with the
Report made by the Working Group and we direct that these lime stone quarries should not be
allowed to be operated and should be closed down forthwith. We 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
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Bhargav Committee should also not be allowed to be operated and should be closed down
save and except for the lime stone quarries covered by mining leases Nos. 31, 36 and 37 for
which we would give the same direction as we are giving in the succeeding paragraphs in
regard to the lime stone quarries classified as category B in the Bhargav Committee Report. - So far as the lime stone quarries classified as category A in the Bhargav Committee
Report and/or category 1 in the Working Group Report are concerned, we would divide them
into two classes, one class consisting of those lime stone quarries which are within the city
limits of Mussoorie and the other consisting of those which are outside the city limits. We
take the view that the lime stone quarries falling within category A of the Bhargav Committee
Report and/or category 1 of the Working Group Report and falling outside the city limits of
Mussoorie, should be allowed to be operated subject of course to the observance of the
requirements of the Mines Act, 1952, the Metalliferous Mines Regulations, 1961 and other
relevant statutes, rules and regulations. Of course when we say this, we must make it clear
that we are not holding that if the leases in respect of these lime stone quarries have expired
and suits or writ petitions for renewal of the leases are pending in the courts, such leases
should be automatically renewed. It will be for the appropriate courts to decide whether such
leases should be renewed or not having regard to the law and facts of each case. So far as the
lime stone quarries classified in category A in the Bhargav Committee Report and category 1
in the Working Group Report and falling within the city limits of Mussoorie are concerned,
we would give the same direction which we are giving in the next succeeding paragraph in
regard to the lime stone quarries classified as category B in the Bhargav Committee Report. - The consequence of this Order made by us would be that the lessees of lime stone
quarries which have been directed to be closed down permanently under this Order or which
may be directed to be closed down permanently after consideration of the Report of the
Bandyopadhyay Committee, would be thrown out of business in which they have invested
large sums of money and expended considerable time and effort. This would undoubtedly
cause hardship to them, but it is a price that has to be paid for protecting and safeguarding the
right of the people to live in healthy environment with minimal disturbance of ecological
balance and without avoidable hazard to them and to their cattle, homes and agricultural land
and undue affectation of air, water and environment. However, in order to mitigate their
hardship, we would direct the Government of India and the State of Uttar Pradesh that
whenever any other area in the State of Uttar Pradesh is thrown open for grant of lime stone
or dolomite quarrying, the lessees who are displaced as a result of this order shall be afforded
priority in grant of lease of such area and intimation that such area is available for grant of
lease shall be given to the lessees who are displaced so that they can apply for grant of lease
of such area and on the basis of such application, priority may be given to them subject, of
course, to their otherwise being found fit and eligible. We have no doubt that while throwing
open new areas for grant of lease for lime stone or dolomite quarrying, the Government of
India and the State of Uttar Pradesh will take into account the considerations to which we
have adverted in this order. - We are conscious that as a result of this Order made by us, the workmen employed in
the lime stone quarries which have been directed to be closed down permanently under this
Order or which may be directed to be closed down permanently after consideration of the
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Report of the Bandyopadhyay Committee, will be thrown out of employment. But the lime
stone quarries which have been or which may be directed to be closed down permanently will
have to be reclaimed and afforestation and soil conservation programme will have to be taken
up in respect of such lime stone quarries and we would therefore direct that immediate steps
shall be taken for reclamation of the areas forming part of such lime stone quarries with the
help of the already available Eco-Task Force of the Department of Environment, Government
of India and the workmen who are thrown out of employment in consequence of this Order
shall, as far as practicable and in the shortest possible time, be provided employment in the
afforestation and soil conservation programme to be taken up in this area. - There are several applications before us for removal of lime stone, dolomite and
marble chips mined from the quarries and lying at the site and these applications also are
being disposed of by this Order. So far as lime stone quarries classified as category A in the
Bhargav Committee Report and/or category 1 in the Working Group Report and falling
outside the city limits of Mussoorie are concerned, we have permitted the lessees of these
lime stone quarries to carry on mining operations and hence they must be allowed to remove
whatever minerals are lying at the site of these lime stone quarries without any restriction
whatsoever, save and except those prescribed by any statutes, rules or regulations and subject
to payment of royalty. We do not, however, propose to go into the question as to what was the
precise quantity of minerals mined by the lessees of these lime stone quarries and lying at the
site at the time when these lime stone quarries were closed down under the directions of the
Bhargav Committee. We would permit the lessees of these lime stone quarries to remove
whatever minerals are found lying at the site or its vicinity, provided of course such minerals
are covered by their respective leases and/or quarry permits. - Such removal will be carried out and completed by the lessees within four weeks from
the date of this Order and it shall be done in the presence of an officer not below the rank of
Deputy Collector to be nominated by the District Magistrate, Dehradun, a gazetted officer
from the Mines Department nominated by the Director of Mines and a public spirited
individual in Dehradun,
