DEEPAK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) I.A. Nos. 12-13 of 2011 are allowed. SLP (C) Nos.12498- 12499 of 2010 be detagged and be listed after two weeks. The Department of Mines and Geology, Government of Haryana issued an auction notice dated 3.6.2011 proposing to auction the extraction of minor mineral boulder, gravel and sand quarries of an area not exceeding 4.5 hectares in each case in the District of Panchkula, auction notices dated 8.8.2011 in the District of Panchkula, Ambala and YamunaNagar exceeding 5 hectares and above, quarrying minor mineral, road metal and masonary stone mines in the District of Bhiwani, stone, sand mines in the District of Mohindergarh, slate stone mines in the District of Rewari, and also in the Districts of Kurukshetra, Karnal, Faridabad and Palwal, with certain restrictions for quarrying in the river beds of Yamuna, Tangri, Markanda, Ghaggar, Krishnavati River basin, Dohan River basin etc. The validity of those auction notices is under challenge before us, apart from the complaint of illegal mining going on in the State of Rajasthan and Uttar Pradesh.

(2.) When the matter came up for hearing on 25.11.2011, we passed an order directing the CEC to make a local inspection with intimation to MoEF, State of U.P., Rajasthan and Haryana with regard to the alleged illegal mining going on in the States of Uttar Pradesh, Rajasthan and also with regard to the areas identified for mining in the State of Haryana and submit a report. We also directed the CEC to examine whether there has been an attempt to flout EIA Notification dated 14.9.2006 by breaking the homogeneous area into pieces of less than 5 hectares. CEC was also 2directed to examine whether the activities going on in that area have any adverse environmental impact.

(3.) CEC, in response to our order, submitted a detailed report on 4.1.2012. However, the report is silent with regard to the disturbing trend of serious illegal and unrestricted upstream, in-stream and flood plain sand mining activities and the prevailing degree of degradation of the sites and the environment, especially on the river beds mentioned earlier. Report of CEC however states that the auction notice also refer to mining leases of less than 5 hectares and hence no environmental clearance need be obtained as per the MoEF notification dated 14.9.2006. No light is also thrown on the question whether there has been, in fact, an attempt to flout the notification dated 14.9.2006 by breaking the homogeneous area into pieces of less than 5 hectares and the possible environmental or ecological impact on quarrying of minor minerals.