AI Drafter 
TaxTMI 
TaxTMI 
2004 (3) TMI 817
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....y Sarin, Ashok Mathur, Dhruv Mehta, Mohit Chaudhary, Shalini Gupta, S. Udaya Kumar Sagar, Bina Madhavan, Prasanth P., R.C. Verma, Mukesh Verma, Manish Shanker, S.K. Dubey, A.K. Yadav, K.V. Mohan, Mohan Pandey, R.S. Suri, Vijay Panjwani, Indra Sawhney, Bharat Sangal, C.D. Singh, V.B. Saharya, Mahabir Singh, Shiv Pujan Singh, J.P. Dhanda, S.K. Sabharwal, Neeraj Kumar Sharma and A.D.N. Rao, Advs. and Party-in-Person, Raju Ramachandran, Additional Solicitor General and Neeraj Kumar Jain, Adv. for Kavita Wadia, Adv. for the appearing parties JUDGMENT Y.K. Sabharwal, J. 1. The main question to be examined in these matters is whether the mining activity in area upto 5 kilometers from the Delhi-Haryana border on the Haryana side of the ridge and also in the Aravalli hills causes environment degradation and what directions are required to be issued. The background in which the question has come up for consideration may first be noticed. 2. The Haryana Pollution Control Board (HPCB) was directed by orders of this Court dated 20th November, 1995 to inspect and ascertain the impact of mining operation on the Badkal Lake and Surajkund - ecologically sensitive area falling within the....
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....ronmental Management Plans (EMP) being formulated by the mine-owners should include land rejuvenation and afforestation programmes, and other measures necessary to protect the quality of the environment and human health. The mining operations should commence only after the approval of EMP by a designated authority. A time-bound action plan needs to be initiated for the implementation of the measures delineated in the Environmental Management Plans. (11) &(12)... (13) The question of lifting the ban on mining operations needs to be considered in conjunction with the implementation of stringent pollution control; land reclamation, green belt, and other Environmental Management measures so as to facilitate the availability of construction materials and employment opportunities for the workers along with the protection of environment and public health. (14) It is considered necessary to prepare a Regional Environmental Management Plan for urgent implementation to enable eco-friendly regional development in the area." 5. On consideration of the reports, this Court came to the conclusion that the mining activities in the vicinity of tourist resorts are bound....
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.... Ridge, inter alia, stating that in the larger interest of maintaining the ecological balance of the environment and protecting the Asola Bhatti Wildlife Sanctuary and the ridge located in Delhi and adjoining Haryana, it is necessary to stop mining. In the application, it has been averred that the Asola Bhatti Wildlife Sanctuary is located on the southern ridge which is one of the oldest mountain ranges of the world and represents the biogeographically outer layer of the Aravalli mountain range which is one of the most protected areas in the country. The sanctuary is significant as it is instrumental in protecting the green lung of National Capital of Delhi and acts as a carbon sink for the industrial and vehicular emissions of the country's capital which is witnessing rapid growth in its pollution level each year. The ridge, it is averred, is a potential shelter belt against advancing desertification and has been notified a wildlife sanctuary and reserve forest by the Government of National Capital Territory of Delhi. Regarding the mining activities, it is averred that for extraction of Badarpur (Silica sand), there is large scale mining activity on the Haryana side just adjac....
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.... the quality of environment and preventing, controlling and abetting environmental pollution. EPCA has also the power to deal with environment issues pertaining to National Capital Region which may be referred to it by the Central Government. The EPCA has jurisdiction over the National Capital Region as defined in Clause (f) of Section 2 of the National Capital Region Planning Board Act, 1985. The Districts of Gurgaon and Faridabad are part of the National Capital Region, under Section 2(f) read with the Schedule of the said Act. 12. The Chairman of the CPCB is a convener member of EPCA. EPCA made a surprise visit to the area to see the mining sites. The mining sites visited are located in the villages of Anangpur, Pali, Mohabatabad and Mangar, which fall within the notified area of 5 km radius from the Delhi border in the Faridabad district. EPCA also visited mining sites that are located outside the notified zone in Kot area, EPCA also held consultation with the officials of the Central Groundwater Board and obtained their opinion on this matter. On August 7, 2002, members of the EPCA visited the mining sites located within five km radius from Delhi border. The objectives of t....
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....groundwater and not surface water runoff collected in the pits. Even more serious violation noticed was configuration of water pipes laid out to draw water out of the pits to throw them over hills and let the water flow out. This is a grave misuse of precious ground water in an area where ground water is the only source of water for the local population - both urban and rural. EPCA members talked to local villagers who complained that water table in the area has gone down over a period of time and that the village is facing water shortage. While earlier ground water could be tracked at the depth of 30-35 ft. now deep bore wells have been dug to get drinking water, in addition, noise and dust pollution from the mining sites are a problem. Goodwill mine in Pali village : EPCA found similar violation of conditions and evidence of mining sites reaching the level of ground water in deep pits and pipes fitted to drain out water here as well. During the long drive to various mining sites, EPCA could not see any credible sign of green belt along the roads. Moreover, one important condition of NOCs is that "a safe distance should be maintained from the road to overburden dumps a....
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....s from Delhi. 3. The present laws and regulations in the area We have assessed the current applicable laws and regulations in the area, which govern land use and mining so as to understand what efforts have been made by different agencies to ensure compliance. In May 1992, parts of the Aravalli range were declared ecologically sensitive under the Environment (Protection) Act. Under this notification, certain activities - including all new mining operations, including renewals of mining leases - are restricted and permission has to be sought from the Ministry of Environment and Forests. This notification is valid for reserved forests in the districts of Gurgaon in Haryana and Alwar in Rajasthan In August 1992, the Forest Department of Haryana had issued a notification under the Punjab Land Preservation Act 1900, banning the clearing and breaking up the land not under cultivation, quarrying of stone... in the Badkal area without prior permission of the forest department. This ban was for 30 years. Earlier it had already issued a similar notification for the Pali area for 25 years. In 1996, the Hon'ble Supreme Court banned all mining ac....
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....station . 2. 100 mts wide green belt outside mining lease boundary Definitely not done. EPCA did not see afforestation, plantation of dying and dead trees in one or two places. The sign boards were more prominent than the trees they were Supposed to show. 3. 100 mts Open peripheral area around stone crusher zone with green belt Not done 4. Green belt on either side side of the road between Surajkund and Radkal We saw large scale Construction on this road from schools to management colleges and housing colonies. 5 . Mining should commence only after the environmental management plan (EMP) is approved by a designated authority There is no evidence of an environmental management plan being adhered to in this region. Adherence to the conditions of the No-objection Certificate granted by CPCB for mining S. No. Directive Enforced or not 1. Mining to be done with approved mining plan No evidence 2. Excavated pit to be filled by fly ash or municipal solid waste in the bottom layers. Over burden should be used in the middle layer . Top soil on top layer and afforestation. layer and afforestation EPCA saw no evidence that this....
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....ivide follows the Delhi-Haryana border, except in the catchment of Bhuria Nala, 'the surface water divide may not be the groundwater divide in the strict sense due to secondary porosity and also flat topped nature of the hills.' It also states that the Aravalli hills are highly fractured, jointed and weathered making the major recharge zone for the surrounding areas. 2. On the impact on the groundwater reserves due to mining, the Board has found that its observation wells have shown an increase in groundwater levels in Anangpur, Mangar, after the mining has been stopped in May. therefore in spite of monsoon failure and continued abstraction of water, the observation wells have noted increased water levels within just 2 months of the mining being closed. The groundwater levels in a tube well monitored in Mewla Maharajpur during mid July and first week of August showed a rise of 0.18 metres, A higher rise - 0.71 to 0.78 metres was observed in the two tube wells near the Mangar mines and Pali mines in the two months since the mines were closed. This clearly points to the impact of mining on groundwater reserves. This fact was also confirmed in the in....
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....eserves of the areas. In times of such water stress and desperation, this water mining is nothing less than a gross act of wastage of a key resource. This time the stress has been further aggravated by the failure of monsoon. Notices have been issued in the nearby housing colonies stating that fail in groundwater table due to lack of rains is responsible for water shortage in the area this season. This only indicates how important it is to conserve ground water in the region, for long term sustainability of drinking water sources. Ground water is the only source of drinking water here." 15. On the basis of study and visit as well as the report of the Central Ground Water Board, EPCA made the following recommendations : "1. The ban on the mining activities and pumping of ground water in and from an area upto 5 kms. from the Delhi-Haryana border in the Haryana side of the ridge and also in the Aravalli Hill must be maintained. 2. Not only must further degradation be halted but, all efforts must be made to ensure that the local economy is rejuvenated, with the use of plantations and local water harvesting based opportunities. It is indeed sad to note the plight....
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..... It must also be noted that Gurgaon-Faridabad road is being proposed as the major bypass for the city of Delhi. The Hon'ble Court will note its directives on the air pollution case in this regard. It has been said to the court in that matter that the Government of Haryana is intending to widen the road and bids have even been issued to this effect. therefore it is all the more important that the mining activity along the road must not be allowed. The 5 kms. ban from the border of Delhi will take care of this requirement. 7. EPCA would also recommend that the mining area outside the 5 kms. area must be demarcated and regulated. In this context, EPCA would like to draw the attention of the court to the violations and gross disregard for regulations found in the present mines. It is not out of place to mention that these mines are owned by very powerful and highly placed individuals in the establishment. In a related case the High Court of Punjab and Haryana has directed on 20.4.2001 a CBI ENQUIRY on the basis of a public interest litigation filed by a journalist. In its order the Hon'ble Court maintained that its examination has found evidence that illegal mining op....
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....g of ground water during mining of Silica sand affects ground water regime of surrounding area. During the field visit, it was reported by local people that during the dewatering of mines there was decline in ground water levels and reduction in discharge in surrounding wells whereas after stoppage of pumping the rise in water levels and increase in discharge has been reported. In few observation wells on down stream side of mines rise in ground water levels has been observed in Anangpur, Manger and villages after stoppage of abstraction of ground water from deep mines. The ground water levels in a tube well monitored in Mewla Maharajpur during mid July 2002 and first week of August 2002 were 24.39 and 24.57 m. below ground level respectively, showing a rise of 0.18 m. Ground water levels in tube well located at female near Manger mine in second week of July 2002 and first week of August, 2002 were 51.70 and 49.99. m. below ground level respectively showing a rise of 0.71 m. Similarly, ground water level in a tube well at Indernagar in Delhi area near Pali mine in third week of June 2002 and first week of August 2002 were 59.68 and 58.90 m. below ground level respectively showing a....
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....e areas. 8. therefore, it is observed that dewatering of mines in Aravalli hills has affected ground water regime of the mine area as well as buffer zone resulting in depletion of ground water resources." 17. When the aforesaid report came up for consideration, some of the mine owners submitted that their mines had not been inspected by Bhure Lal Committee. Particulars of the mines that were stated to have not been inspected were filed on 23rd September, 2002. Bhure Lal Committee was requested to carry out the inspection of the said areas/mines. The Committee was also permitted to associate such other organizations or persons as it may deem fit and proper for the purpose of inspection. EPCA 2nd Report and Recommendations 18. In terms of the aforesaid order, 26 mines were inspected and report dated 21st October, 2002 was submitted. The observations made as a request of inspection in regard to each mine are as follows : "The numbers indicated in parenthesis are serial number of mines given in the list of mines furnished by Kailash Vasudev, senior advocate to the Hon'ble Supreme Court that was forwarded to EPCA. 1. (No. 9) Name of Mine/....
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....into a huge groundwater lake, Groundwater is fully exposed. Extensive overburden could be seen near the pits. It was very evident that no major efforts were made to create plantation in the area. Some new and young saplings could be seen along side the paths leading to the pits. Clearly these were planted very recently. 4. (8) Name of Mine/Area: Anangpur Silica sand mines, M/s. Rajdhani Minerals Corporation. Location: Village Anangpur Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity. 188.47 hec. Mineral Extracted : Silica sand, China clay, ordinary sand, stone RM and MS Status: seen one closed pit. Did not see any water. Status of environmental clearances: NOC granted by State Pollution Control Board. . (7) Name of Mine/Area: Mewla maharajpur Silica sand mines, M/s K.C. Ahuja & Co. Location: Village Mewla Maharajpur Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 162.905 hec. Mineral Extracted : Silica sand, China clay, ordinary sand, stone road material (RM) and masonry stone (MS) Status : surface minin....
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.... roadside. This mine is adjoining the main Delhi bypass of Faridabad-Gurgaon, which is being tendered for a four-lane highway. 9. (17) Name of Mine/Area: M/s. Sheeshpal Singh Location: Village Pali, Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 127.95 hec. Mineral Extracted : Silica, China, clay, sand, quartzite Status: Below groundwater table. Whether ground water is extracted : Yes. Status of environmental clearances: No clearance given. No environmental management plan. Large lake of ground water could be seen at the site. The lake apparently covers a few contiguous mining pits. No efforts to create plantation in the area except a few young saplings which seemed to have been planted very recently. Huge overburden could be seen near the pits. This mine is adjoining the main Delhi bypass of Faridabad-Gurgaon, which is being tendered for a four lane highway. 10. (20) Name of Mine/Area: M/s. Ram Chandar Location: Village Gothra, Mohatabad, Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 296 hec. Miner....
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....bove groundwater table Whether ground water is extracted : No. Status of environmental clearances: Clearance given. No environmental management plan. Observed surface stone mining. No water seen. New lease and so the mines have not reached groundwater levels as yet. But mine near Delhi bypass of Faridabad-Gurgaon road. 13. (25) Name of Mine/Area: M/s. Ashok Minerals industry Location: Plot No. 7, Village Manger, Distt. Faridabad: Total Area of Land on lease/Actual area under mining activity: 67.00 hec. Status: Above groundwater table Whether ground water is extracted: No. Status of environmental clearances: No clearance given. No environmental management plan. Observed surface stone mining. No water seen. New lease and so the mines have not reached groundwater levels as yet. But mine is on the Delhi bypass of Faridabad-Gurgaon road. 14. (23) Name of Mine/Area: M/s. Jaikrishan Impex Pvt. Ltd. Location: Plot No. 2 & 3, Village Manger, Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 44.785 hec and 56.4375 hec. Mineral E....
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..../Actual area under mining activity: 82.20 hec. Mineral Extracted : Silica/Ord. Sand, china clay stone (road metal and masonry) Status: Below groundwater table Whether ground water is extracted : Yes. Status of environmental clearances: NOC given by State Pollution Control Board in 1999 for renewal of lease. No environmental management plan. Pit with little water seen. Being worked. Large amount of overburden was seen close to mine. 1 hec of plantation created near mine. 19. (3) Name of Mine/Area: Pali Silica Sand Mines, M/s. P.K. Sethi Location: Pali, Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 162 hec. Mineral Extracted : Sand china clay, stone (road and masonry) Status: Above groundwater table Whether ground water is extracted : No. Status of environmental clearances: No clearance given. No environmental management plan. Pit with no water seen. Being worked. Large amount of overburden was seen close to mine. 20. (5) Name of Mine/Area: Pali Silica Sand Mines, M/s. Lucky Minerals Location: Villa....
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....mental clearances: Clearance given. No environmental management plan. Stone quarry Recent lease and clearance of January 2002. No plantation seen. The mine is on the main Delhi bypass - Gurgaon-Faridabad road, which is being developed as a four-lane bypass. 24 (16) Name of Mine/Area: Mr. Ashok Gupta Location: Plot No. 3, Village Behrampur, Distt. Gurgaon. Total Area of Land on lease/Actual area under mining activity: 94.05 hec. Mineral Extracted : Silica sand quartzites. Status: Above groundwater table Whether ground water is extracted : No. Status of environmental clearances: No clearance given. No environmental management plan. Stone quarry. Recent lease. No plantation seen. But near village. As this mine is near the five km radius, other mines with crushers and blasting seen at close distance. (11B-22) Name of Mine/Area: M/s. Maruti Minerals Location: Village Haidpur, Distt. Gurgaon. Total Area of Land on lease/Actual area under mining activity: 18.125 hec. Mineral Extracted: Stone Status: Above groundwater table Whether ground water is extracted: No. ....
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....rom the confined aquifer. 22. The mines inspected by EPCA were below 150 feet (45 metres) and on checking it was found that most mines were further operating at 20-100 feet (6-30 metres) below water levels. This means that the mines are abstracting water from the confined aquifer. As annual rainfall mostly replenishes the unconfined or top aquifer levels, the mining activity is destroying a non-renewable resource. EPCA saw deep and extensive pits of mines with vast water bodies -- stretching at times to a kilometer and more. EPCA also saw evidence of pumps and pipes being used to drain out the ground water so that mining could continue. therefore, the miners are mining for silica, but also in the process mining and destroying the ground water reserves of the areas. 23. The NOC given by the Central Pollution Control Board includes an explicit condition regarding ground water: "That the mine owner will ensure that there is no discharge of effluent or ground water outside lease premises. They must take measures for rain water harvesting and reuse of water so as not to affect the ground water table in the areas. Most importantly, it stipulates that there should be no min....
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....August 9, 2002. EPCA is concerned that if mining is allowed to continue in this area, it will have serious implications for the groundwater reserve which is the only source of drinking water in the area. EPCA has also noticed uncontrolled construction activities that will expand urban habitation considerably in future. Unless immediate measures are taken to conserve and augment water resources in the area acute survival crisis is expected. Interviews with local villagers in the vicinity of mines confirm that water shortage is already a serious problem in the region. The extent of degradation in and around mines is the evidence of failure to enforce basic rules for ecological safeguards. Recent attempts at planting trees are cosmetic. Exposed ground water lakes observed in mining sites only reconfirms the worst fears. If mining could not be stopped in so many pits even after reaching groundwater level there is no guarantee that even some of those mines still at the surface level will abide by the stipulated norms when they reach the water table." Submissions for Confirming or varying Order dated 6th May, 2002 29. Having regard to the ground realities as refle....
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....ercise of the powers conferred by Sub-section (1) and Clause (v) of Sub-section (2), of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with Rule 5 of the Environment (Protection) Rules, 1988 the Central Government hereby prohibits the carrying on the following process and operations, except with its prior permission, in the areas specified in the Table appended to this Notification : (i) ..... (ii) (a) All new mining operations including renewals of mining leases (b) Existing mining leases in sanctuaries/national Park and areas covered under Project Tiger and/or (c) Mining is being done without permission of the competent authority (iii) Cutting of trees; (iv) Construction of any clusters of dwelling units, farmhouses, sheds, community centers, information centers and any other activity connected with such construction (including roads a part of any infrastructure relating thereto); (v) ...... 2. Any person who desires to undertake any of the above mentioned processes or operations in the said areas, shall submit an application to the Secretary, Ministry of Environment and Forests, New D....
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.... NOTIFICATION New Delhi, the 29th November, 1999 S.O.1189(E).- In exercise of the powers conferred by Section 23 of the Environment (Protection) Act, 1986 (29 of 1986), (hereinafter referred to as the said Act), read with Sub-rule (4) of Rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby delegates the powers conferred on it to take measures for protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution, to be exercised also by the State Governments as notified in the Notification of the Government of India in the Ministry of Environment and Forests S.O. NO. 319(E) dated 7th May, 1992 subject to certain conditions which are as follows : (i) the State Governments concerned, namely, Haryana and Rajasthan shall constitute an Expert Committee for each state as per the composition given in the Schedule-I annexed to this Notification; (ii) each State Government shall also constitute a Monitoring Committee, under the chairmanship of the District Collector concerned (Gurgaon in Haryana and Alwar in Rajasthan) as given in the Schedule-II annexed to this Notification whic....
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....approval." 33. Schedule I and II of the notification sets out the composition of the Expert Committee and of the Monitoring Committee. Some controversy and confusion in respect of constitution of committees insofar as it relates to appointment of an expert from non-government organization, was brought to our notice but the delegation in favour of State Governments having been withdrawn now, it is not necessary to examine this aspect. The Central Government, in terms of notification dated 28th February, 2003, has withdrawn the delegation in favour of State Governments. Notification of 27th January, 1994 Regarding Environment Impact Assessment (EIA) 34. Another notification which is of considerable importance on aspect of mining is dated 27th January, 1994, as amended on 4th May, 1994. The notification has been issued by Ministry of Environment and Forest, Government of India, in exercise of powers conferred by Sub-section (1) and Clause (5) of Sub-section (2) of Section 3 of the EP Act read with Clause (d) of Sub-rule (3) of Rule 6 of the EP Rules stipulating that expansion or modernization of any activity (if the pollution load is to exceed the existing one), or a new proj....
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....shall be made in the proforma specified in Schedule II of this notification and shall be accompanied by a project report which shall, inter alia, include an Environmental Impact Assessment Report/Environment Management Plan prepared in accordance with the guidelines issued by the Central Government in the Ministry of Environment and Forests from time to time. (b) Cases rejected due to submission of insufficient or inadequate data and plans may be reviewed as and when submitted with complete data and plans. Submission of incomplete data or plans for the second time would itself be a sufficient reason for the Impact Assessment Agency to reject the case summarily. II. In case of the following site specific projects: (a) mining; (b) to (d) ... (e) prospecting and exploration, of major minerals in areas above 500 ha., The project authorities will intimate the location of the project site to the Central Government in the Ministry of Environment and Forests while initiating any investigation and surveys. The Central Government in the Ministry of Environment and Forests will convey a decision regarding suitability or otherwise of the pr....
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....ise, relating to the setting up of the project may be undertaken till the environmental and/or site clearance is obtained. IV. In order to enable the Impact Assessment Agency to monitor effectively the implementation of the recommendations and conditions subject to which the environmental clearance has been given the project authorities concerned shall submit a half-yearly report to the Impact Assessment Agency. Subject to the public interest, the Impact Assessment Agency, shall make compliance reports publicly available. V. If no comments from the Impact Assessment Agency are received within the time limit, the project would be deemed to have been approved as proposed by project authorities. 3. Nothing contained in this Notification shall apply to : (a) any item falling under entry Nos. 3, 18 and 20 of the Schedule I to be located or proposed to be located in the areas covered by the Notifications S.O. No. 102(E) dated 1st February, 1989; S.O. 114(E) dated 20th February, 1991, S.O. No. 416(E) dated 20th June, 1991 and S.O. No. 319(E) dated 7th May, 1992. (b) any item falling under entry Nos. 1, 2, 3, 4, 5, 7, 9, 10, 12, 13, 14, 16, 17. 19, 21....
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....ated For projects listed in Schedule-I to the notification in respect of which the required land has been acquired and all relevant clearances of the State Government including NOC from the respective State Pollution Control Boards have been obtained before 27th January, 1994, a project proponent will not be required to seek environmental clearance from the IAA. However, those units who have not as yet commenced production will inform the IAA." 36. Reference may also be made to a notification issued by the Haryana Government on November 28, 2001 with a view to enforce the recommendations of NEERI contained in para 6.1 of its report so far as mining operations in the State of Haryana are concerned. In terms of the notification, the Designated Authority and the Monitoring Committee were directed to impose the conditions, mentioned in the notification while according environmental clearance. This notification, it seems, was issued in the purported attempt to comply with the directions of this Court as contained in the order dated 10th May, 1996 as reported in M.C. Mehta's case (supra). 37. We may also refer to the circular dated May 14, 2002 issued by the Ministry of Envi....
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....the Government of India, Ministry of Environment and Forest in exercise of power conferred by Section 3(3) of the EP Act for the purposes of monitoring and ensuring compliance of the order of this Court covering the subject matter of forest and wildlife and related issues arising out of the said order and one of the functions of the Committee in terms of the notification is to monitor the implementation of the orders of this Court and place reports of non-compliance before the Court including in respect of encroachment and removals, working plans, compensatory afforestation, plantations and other conservation issues. 40. In the order dated 31st October, 2002, this Court has observed that no mining activity can be carried out without remedial measures taking place and for this purpose, it is necessary that environment impact assessment is done and the applications dealt with before any mining activity can be permitted. It was also observed that the application of lease holders for environmental clearance can be disposed of them of within a period to be specified by this Court. In terms of order dated 25th November, 2002, the Central Empowered Committee was asked to file its sugge....
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....o ensure compliance of various conditions stipulated while granting statutory approvals. No deterrent action was taken against mines even in those cases where during monitoring serious violations and non compliance of conditions were found. The CEC has made the following suggestions : "i) For major mineral mines above 5 hectare in Faridabad district, mining activity may be allowed to be undertaken only after the required environmental clearances are accorded by the Ministry of Environment and Forest (MOEF); ii) the powers delegated to the State Government by notification dated 27.1.1997 to grant environmental clearances in respect of areas of Gurgaon district falling within Aravalli notification dated 7.5.1992 requires to be reconsidered as the presumptions on the basis of which powers were delegated to the State Government have been found to be incorrect; iii) mining activity may be allowed in respect of areas notified under Section 4 and 5 of the PLP Act, which for the purpose of FC Act are 'forest' even as per the State Government records, only after obtaining prior approval under the said Act from the MOEF; iv) all mining leases grant....
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....t value of the land leased out for mining may be recovered as per the Hon'ble Supreme Court order dated 30.10.2002 in I.A. No. 566 in Writ Petition (Civil) No. 202/95 (forest matter); xii) a suitable system of securing adequate bank guarantee, bank deposit or other personal guarantee from the mine owner may be worked out to ensure compliance of all statutory and other conditions; xiii) after considering the annual approved rate of mining and mineral deposits in the area, optimum size of the mines may be determined in respect of approved mines to ensure optimum utilization of the mineral resources; xiv) presently, the over burden is not stacked as per approved Mining Plan, which makes it practically impossible to carry out any reclamation work. The over burden dumping may be allowed only at identified sites within the mining lease area as per approved Mainlining Plans; p>xv) for the purpose of afforestation, the funds may be recovered from the mine owners and deposited with the forest department for undertaking afforestation in a planned manner; xvi) the identification of the consultants for preparation of the EIA's should be done....
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....rious conditions as found by the above Inspection Team(s) or by the CEC may be imposed. Norms for quantifying the penalties for violation of various conditions may be formulated by the State Government with the concurrence of the CEC. No mine may be allowed to resume mining activity without first paying the penalty imposed on it. (iv) mining activity may completely be prohibited in area where plantations have been undertaken with the foreign assistance/funding (externally aided projects). Mining leases already granted/approved in all such areas may be cancelled; (v) year wise requirement of funds for implementation of various conditions under which mining has been approved may be computed for each mine. To ensure compliance of these conditions, adequate safeguards by way of bank guarantee, mortgage of immovable assets, pledge of movable assets, personnel guarantee of the lessee or others (supported by adequate assets) may be put in place; (vi) MOEF may examine the Environment Impact Assessment Report/Environment Management Plan of individual major mineral mines and proposals for approval under the FC Act, if the mining lease is in 'forest' as per ....
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....e country. Article 51A, inter alia, provides that it shall be the duty of every citizen of India to protect and improve the natural environment including forest, lakes, rivers and wildlife and to have compassion for living creatures. Article 47 which provides that it shall be the duty of the State to raise the level of nutrition and the standard of living and to improve public health is also relevant in this connection. The most vital necessities, namely, air, water and soil, having regard to right of life under Article 21 cannot be permitted to be misused and polluted so as to reduce the quality of life of others. Having regard to the right of the community at large it is permissible to encourage the participation of Amicus Curiae, the appointment of experts and the appointments of monitory committees. The approach of the Court has to be liberal towards ensuring social justice and protection of human rights. In M.C. Mehta v. Union of India [1988]1SCR279 , this Court held that life, public health and ecology has priority over unemployment and loss of revenue. The definition of 'sustainable development' which Brandt land gave more than 3 decades back still holds good. The ph....
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....verse effects thereupon by applying stringent safeguards, it is possible to carry on development activity applying the principles of sustainable development, in that eventuality, the development has to go on because one cannot lose sight of the need for development of industries, irrigation resources and power projects etc. including the need to improve employment opportunities and the generation of revenue. A balance has to be struck. We may note that to stall fast the depletion of forest, series of orders have been passed by this Court in T.N. Godavarman's case regulating the felling of trees in all the forests in the country. Principle 15 of Rio Conference of 1992 relating to the applicability of precautionary principle which stipulates that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for proposing effective measures to prevent environmental degradation is also required to be kept in view. In such matters, many a times, the option to be adopted is not very easy or in a straight jacket. If an activity is allowed to go ahead, there may be irreparable damage to the environment and if it is stopped, t....
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....the powers conferred by Section 13 of the MMRD Act, Chapter IV of these Rules relate to crane of mining leases in respect of land in which the minerals vest in the Government. Rule 22(4), inter alia, provides that on receipt of the communication from the State Government of the precise areas to be granted for mining purpose, the applicant shall submit a mining plan, within the period stipulated in the Rules, to the Central Government for its approval. The applicant, on approval of the mining plan by the Central Government, shall submit the same to the State Government to grant mining lease over that area. Rule 4A, inter alia, provides that notwithstanding anything contained in Sub-rule (4), the State Government shall be competent to approve mining plan of open cost mines (mines other than underground mines) in respect of now metallic or industrial minerals, named therein, one of it being Silica sand. The mining plan, as provided in Sub-rule (5) of Rule 22, shall, inter alia, incorporate the mineral reserves of the area and the plan of area showing, inter alia, water courses, limit of reserves and other forest areas and density of trees, if any, assessment of impact of mining activi....
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....precautions for the protection of environment and control of pollution while conducting mining operations in the area; shall, wherever top soil exists and is to be excavated for mining operations, remove it separately and utilize for restoration or rehabilitation of the land which is no longer required for mining operations. The holder is also required to take steps so that the overburden, waste rock, rejects and fines generated during prospecting and mining operations or tailings, slims, and fines produced during sizing salting and beneficiation or metallurgical operations shall be stored in separate dumps which shall be properly secured to prevent escape of material therefrom in harmful quantities which may cause degradation of environment. Wherever possible, the waste rock, overburden etc. shall be back-filled into the mines excavation with a view to restoring the land for its original use as far as possible and wherever it is not feasible during mining operation, the waste dumps shall be suitably terraced and stabilized through vegetation or otherwise. It is also required that the phased restoration, reclamation and rehabilitation of lands affected by mining operation shall be ....
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..../3rd of the total and area of the country under forest or tree cover. In the hills and in mountains regions, the aim should be to maintain 2/3rd of the area under such cover in order to prevent erosion and land degradation and to ensure the stability of the fragile eco-system. It also provides that a massive need based end time bound programme of afforestation and tree planting, with particular emphasis on fuel wood and fodder development, on all degraded and denuded lands in the country, whether forest or non-forest land, is a national imperative. Mining in Forest Area 56. The question of permitting mining in the area where large scale of afforestation with foreign funding has taken place is required to be examined keeping in view the National Forest Policy which also provides, that forest land or land, with tree cover should not be treated merely as a resource readily available to be utilized for various projects and programmes but as a national asset which requires to be properly safeguarded for providing sustained benefits to the entire community. Diversion of forest land for any non-forest purpose should be subject to the most careful examinations by specialists from the....
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....olders can be permitted to turn round and now take a stand that the areas covered under the Aravalli project is not forest. The National Forestry Action Programme of December 2000 issued by the Ministry of Environment and Forest, Government giving project profile also makes detailed reference to the institution building and integrated national resource development in the Aravalli region, Haryana under the project implementing agency of Forest Department, Government of Haryana. The project profile, inter alia, states that the Central to such a policy is rehabilitation of common lands to meet the needs of the rural poor and to reduce soil and water erosion and the proposed programme was envisaged to bring the benefit of integrated development of the Aravalli eco-system to the whole community, particularly, to the poorer sections. The project, it is stated; has been implemented in Aravalli hills situated in the five districts of Haryana including Gurgaon. One of the expected outcome of the project is the reduced soil erosion and improved water regime in the rehabilitated area will be drastically reduce and run-off leading to recharge of constantly depleting ground water resources. It ....
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....ort of the pollution problems in the Aravalli Hills. 2. To prepare environmental management plan to abate various environmental problems. 3. To prepare action plan the restoration of environmental quality. 61. The environmental problems in the Aravalli Range in Gurgaon district have been identified and remedial measures including the pollution control guidelines and action plan for various stakeholders have been suggested by CMPDI. It has been noticed that in large scale mining projects what is still required is a proposal on district level as to what will be mined, how it will be mined and with what method and many such areas of environmental concern which had not been adequately addressed keeping in view the environmental degradation of the Aravalli Hills. It has also been noticed that the Aravalli notification restricts process and operations under certain categories of the land in district. Though the records of such lands are available at every village level map, there is no record available in the district level in respect of these areas to undertake realistic appraisal and effective monitoring of mining and other projects at the macro level on such lands....
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....where waste material could be stocked, areas where plantation could be carried out, etc.etc. The planning should, inter alia, include environmental impact and concerns of activities of one sector on the other sectors in the district, e.g., afforestation should be planned not only with a view to increase vegetation on the hills but also to be supplement for fuel, fodder etc. in the district. All efforts should be made to preserve the ground water resources. Water shed management and rainwater harvesting to be implemented in the Aravalli hills regions on war footing. In the areas where mining deeper than the ground water label of the area is to be carried out, adequate provision of pollution control and consideration of water resources should be made. There should be frequent inspections of the mining operations to ensure that these are in line with the requirement for sustainable development. The inspections may be carried out at an interval of three months. There should be continual source of revenue from the mining operators to the fund, recommended to be created, for the eco-restoration of the Aravalli hills. The minimum period of lease should be 15-20 years. This will induce the....
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....ricts/areas where living standards is tower and understanding of people towards environmental impact is also poor. In the past, the mine operators took no note of environmental damage. In fact, they were not even conscious about it. The attitude of mining community is to ignore the environmental concerns. In majority of the cases, the environmental concerns are ignored for making quick profits the small mines (less than 5 hectares) and the mining of minor minerals which are no doubt small individually but have damaging characteristics when in clusters, e.g. the mines of granite, marble, slates, quartzite etc. (falling under minor minerals) are no less damaging than the others, especially when the processing is taken into consideration. The mining activities results in disturbance of land surface, altering drainage pattern and land use, besides the pollution problems, which may lead to the environmental problems of air, water and noise pollution and solid waste pollution. 64. It has been suggested that the short term and long term action plan for the restoration of environmental quality of the area shall be prepared separately. The action plan shall be prepared in such a way that....
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....he area, devising pragmatic approaches to facilitate eco-restoration of the Aravalli hills and offering broad framework to the industrial units to function under environmentally sustainable framework. The suggestions also include the enactment of rules for grant of mine leases to levy a separate charge for dump removal, ecological restoration in the area, the technology to be used for mining operations and post mining land use and mine decommissioning. As far as environmental protection in the Aravalli hills is concerned, planning and provisions must start from the stage of grant of mine lease and what all it should include have been set out. It has been, inter alia, suggested that the environmental framework shall include the framework for environmental clearance such as depth of cutting, area of plantation and the type of plantation, which are attributes related to closure planning as also framework for monitoring and for forestry besides air quality, land use pattern etc. in nutshell, it has been suggested that it is imperative on the part of the mine operators to carry out the mine operations in such a fashion that it has least impact on the ecology of the area. The pollution p....
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....th May, 2002. Before concluding this aspect, we may note that assuming there was any ambiguity about the applicability of order dated 6th May, 2002 to mining in Aravalli Range, it is clarified that the said order would be applicable in all the (SIC) hill range in Gurgaon district. Applicability of notification dated 27th January, 1994 72. The notification has been reproduced in the earlier part of the judgment. It, inter alia, applies to mining projects (major minerals) with leases of more than 5 hectares. It can neither be disputed nor has been disputed that the notification is mandatory. It, inter alia, provides that on and from the date of its publication in official Gazette expansion or modernization of any activity (if pollution load is to exceed the existing one) or a new project listed in Schedule A of this notification shall not be undertaken in any part of India unless it has been accorded environmental clearance by the Central Government in accordance with the procedure specified therein. The contention urged on behalf of the lease holders is that the leases in question do not relate to expansion or modernization of any activity as postulated by the notification. Fu....
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....te for renewal of lease was granted stipulating that the applicant Som Prakash Sethi in respect of mining activity at village Anangpur, district Faridabad shall also seeking environmental clearance of its mining project in compliance with this notification without even mentioning any time limit for it and admittedly till date that had not been done. None bothered to find out whether conditions in the order has been compiled or not. Further the letter dated 25th January, 2003, sent to Principal Secretary of Central Empowered Committee by Director Mines and Ecology, Haryana shows how the State Government has been circumventing the legal requirements and permitting mining. In that letter, it has been stated that pending approval of the environmental plan, the mining lessees undertook the mining operation of the minor mineral on issue of short term permit, in cases where the fresh mining leases were granted and in case of renewal of mining leases, the mining activities were going on. This is despite conditions in the judgment dated 10th May, 1996 by this Court that the Director Mining and Ecology Haryana would be responsible for mining in the State of Haryana. 75. Be that as it may ....
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....ifest in 1980. Act in the facts and circumstances of these cases. The primary duty was to the community and that duty took precedence, in our opinion, in these cases. The obligation to the society must predominate over the obligation to the individuals." 76. In Rural Litigation and Entitlement Kendra v. state of U.P. 1988(2)SCALE493 , agreeing with views expressed in Ambica Quarry Workers, it was held that the FC Act applies to renewals as well and even if there was a provision for renewal in the lease agreement on exercise of lessee's option, the requirement of the Act had to be satisfied before such renewal could be granted, in State of M.P. and Ors. v. Krishnadas Tikaram 1994(4)SCALE523 , these two decisions were relied upon and it was held that even the renewal of lease cannot be granted without the prior concurrence of the Central Government. It is settled law that the grant of renewal is a fresh grant and must be consistent with law. 77. We are unable to accept the contention that the notification dated 27th January, 1994 would not apply to leases which come up for consideration for renewal after issue of the notification. The notification mandates that the mining o....
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....Government may, by special order; temporarily regulate, restrict or prohibit the quarrying of any stone or the burning of any lime at places where such stone or lime had ordinarily been so quarried or burnt prior to the publication of the notification under Section 3. In respect of some mining areas notifications have been issued under Section 4 and in respect of some notifications have been issued both under Sections 4 and 5. The submission is that invoking of Sections 3, 4 and 5 is only to conserve sub-soil water and prevention of the area from erosion of land and is not to create any forest. It has been pointed out that in cases where the notifications have been issued, only felling of trees had been prohibited and not quarrying of stone. 81. It cannot be disputed that the State Forest Department has been treating and showing the aforesaid areas as 'forest'. The contention urged on behalf of the State Government is that it was on account of erroneous view point of Forest Department. In fact and law, such area is not 'forest' and mining is not prohibited and, therefore the question of seeking permission under Section 2 of the FC Act does not arise. 82. In th....
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....water level is touched, the Monitoring Committee shall carve out that area and it was agreed on behalf of the leaseholders that they would co-operate and not undertake any mining in such an area. Non-payment of royalty to the villagers 85. A controversy has been raised about non-payment of royalty by the leaseholders to villagers on whose behalf it was contended that the order dated 6th May, 2002 prohibiting mining should not be varied till the leaseholders discharge their liability to pay royalty to the villagers. On the other hand, mine leaseholders dispute the claim put-forth on behalf of the villagers and it has been submitted that no amount is payable by them and the villagers can make their claim, if any, from the State Government. The dispute of this nature cannot be properly adjudicated in these proceedings. We leave it open to be adjudicated before appropriate forum in accordance with law. Leases in respect of minor mineral 86. Though notification dated 27th January, 1994 is not applicable to minor minerals, but having regard to what we have discussed above in regard to degradation of environment and the required standard about the risk of harm to the environme....
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.... period of 10 weeks. Monitoring Committee 92. With a view to monitor the overall eco-restoration efforts in the Aravalli Hills and to provide technical support to the implementing organizations and also to monitor implementation of recommendations contained in reports referred herein, it is necessary to constitute a Monitoring Committee. The heads of the following departments would be members of the Monitoring Committee : 1. Regional Officer of State Pollution Control Board. 2. Forest Department 3. District Administration 4. Department of Mining & Geology 5. Irrigation Department 6. Regional Officer of CGWB 7. Agriculture Department 8. District industry Department. 9. Chairman - CPCB. 93. Besides above, MOEF is directed to appoint an officer from Central Ground Water Board to be a member of the Monitoring Committee. The following persons as representatives of public shall also be members of the said Committee: 1. Prof. Dilip Biswas, Ex Chairman, CPCB. 2. Mr. Valmiki Thapar, 3. Mr. Bhure Lal. 94. The MOEF would act as a nodal agency of the Monitoring Committee. The....