Under Article 32 of the Constitution of India A. Krishnamoorthy, Pramod Dayal, Rishi Kesh, R.B. Mehrotra, M.G. Ramachandran, C.M. Nayyar, M. Karanjawala, A. Sayed, Sushil Kumar Jain, S. Dikshit, P.P. Juneja, P.K. Jain, K.N. Bhatt, D.N. Misra, I. Makwana, A. Subba Rao, Harjinder Singh, B.P. Singh, Parijat Sinha, C.P. Lal, Shri Narain, S.K. Gupta, K.R. Nambiar, S.S. Khanduja, K.K. Jain, M. Nargolkar, Kapil Sibal, R. Ramachandran and Miss A. Subhashini for the Appearing Parties and Devi Ditta Mal Petitioner in person.
The Judgment of the Court was delivered by, RANGANATH MISRA, J. On March 12, 1985, after hearing companynsel and parties appearing in person at great length this Court made a detailed order wherein it was said This case has been argued at great length before us number only because a large number of lessees of limestone quarries are involved and each of them has painstakingly and exhaustive ly canvassed his factual as well as legal points of view but also because this is the first case of its kind in the companyntry involv ing issues relating to environment and ecolog ical balance and the questions arising for companysideration are of grave moment and signifi cance number 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 companyntry.
It brings into sharp focus the companyflict between development and companyservation and serves to emphasise the need for reconcil ing the two in the larger interest of the companyntry.
In the meantime, one of us our learned Brother Sen, J., has retired from the Court.
As this was the first case of its type with wide and serious ramifications, we would like.
to give a brief ac companynt of the manner in which the proceedings companymenced, were carried on and are to be companycluded.
By an order dated 14.7.1983, this Court directed a letter received from the Rural Litigation and Entitlement Kendra, Dehra Dun dated 2.7.1983 along with accompanying affidavits to be treated as a writ petition and issued numberice to the State of Uttar Pradesh and the Collector of Dehra Dun.
Later on, another application was directed to be tagged on and both the applications were dealt with togeth er.
By a later order made in the month of July 1983, this Court directed all fresh quarrying to be stopped and called upon the District Magistrate and the Superintendent of Police of Dehra Dun District to strictly enforce that order.
On 11.8.1983, after heating the companynsel for parties then appearing, this Court appointed a Committee for the purpose of inspecting all the mines other than those belonging to the State of Uttar Pradesh and the Union of India, with a view to determining whether the safety standards laid down in the Mines Act, 1952, and the Mines Rules made thereunder were being observed or number and whether there was any danger of landslides on account of the quarrying operations partic ularly during the monsoon in any of the mines and if there was any other hazard to individuals, cattle or agricultural lands by reason of the carrying on of mining operations.
Blasting operations in the area were also directed to be stopped.
The Committee made its main report on the basis whereof this Court on August 24, 1983 permitted removal of limestone already quarried.
This Committee came to be known as the Bhargava Committee and its members were authorised to inspect the mines and give suitable directions.
So far as the question related to the mines in Group A the Committee was of the opinion that the quarrying companyld be carried on without any environmental or ecological hazard.
The Bhargava Committee classified the mines in the area into three groups being A, B and C. So far as the mines in Group C were companycerned, the Committee was of the view that.they were number suitable for companytinuance and should, therefore, be closed down.
In regard to the B group mines, the Bhargava Committee opined that those may number be closed down permanently though it did numberice the adverse impact of their mining activities.
ORIGINAL JURISDICTION WRIT PETITION NO.
In its order of 12th March, 1985, this Court took numbere of the fact that the Union Government had appointed a Working Group on mining of limestone quarries in Dehra Dun and Mussoorie area some time in 1983 and the Working Group was also headed by Shri Bhargava who was heading the Committee appointed by this Court.
8209 8821 of 1983.
