TARUN BHARAT SANGH ALWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By the order dated October 11, 199v, we issued certain directions in the matter of the constitution of a Committee to oversee the implementations of the directions contained in the order for the environmental protection and other related matters pertaining to the "sariska tiger Park" in Alwar District in the State of Rajasthan. An application has now been filed by the petitioner alleging certain violations of the order by the mine owners and praying for issue of certain consequential and incidental further directions. The averments and allegations of factcontained in the said application are contested. The respondents seek to traverse these allegations on affidavit. They may do so by the next date of hearing.

(2.) However, apart altogether from the allegations contained in the said application, we think that certain clarifications and directions are necessary in regard to the order dated 11/10/1991.

(3.) The first point which we should emphasise is that the order dated 11/10/1991 is not susceptible of the construction that irrespective of the statutory ban on the carrying on of any mining activity in the "sariska Tiger Park" under the relevant laws, the order suspends the operation of these provisions and permits such mining operators to go on till 31/12/1991. That is clearly a wrong reading of the intendment and spirit of the order. Wherever admittedly or indisputably mines are situate within the protected area, the order is not intended to permit continuance of any mining activities therein. The directions issued in paragraph 11 of the order dated 11/10/1991 were only to mitigate the possible hardship in certain problem cases in which the locations of the mining area whether they are outside or partly outside the protected area or not - are not determined or demarcated by the Committee constituted for that purpose. The Committee is required to do so before 15/12/1991. The significance of this demarcation is only in respect of such problem or borderline cases.