TARUN BHARAT SANGH ALWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Tarun Bharat Sangh, a voluntary organisation interested inter alia in protection of environment, approached this Court complaining that widespread illegal mining activity was goving on in the area declared as Tiger Reserve in Alwar district of Rajasthan. In the interest of ecology, environment and rule of law, it said, the activity should stop.

(2.) The petitioners case (supra) is that the area wherein the illegal mining is going on has been declared as a tiger reserve under Rajasthan Wild Animals and Birds Protection Act, 1951, as a sanctuary and a National Park under Wild Life (Protection) Act, 1972, and as protected forest under the Rajasthan Forest Act, 1953. These various notifications, said the petitioner, prohibit all or any mining activity and yet the Government of Rajasthan had granted hundred of licences for mining marble, dolomite and other minerals in late 1980s, contrary to law.

(3.) After issuing notices to the Government of Rajasthan and the mine-owners (which expression is used in this order to denote lessees and licencees under the leases and licences granted by the State of Rajasthan, this court gave certain directions on October 11, 1991. An interlocutory direction was issued to the effect that "no mining operation of whatever nature shall be carried on in the protected area". A Committee under the chairmanship of Sri M. L. Jain, J., former Judge of the Rajasthan High Court was appointed to ensure due observance of the various Acts and Notifications issued thereunder with respect to the said protected area. In particular, the committee was asked to demarcate the area declared as protected forest under the notification dated January 1, 1975 issued by the Rajasthan Government under S. 29 of the Rajasthan Forest Act. This demarcation was felt necessary in view of the ambiguity prevailing with respect to the precise boundaries of the protected forest declared as such under the notification aforesaid. Petitioners case (supra) was that no mining lease/licence can be granted within the protected forest except with the prior permission of the Government of India - Section 2 of the Forest (Conservation) Act, 1980 and Rule 4(6) of Rajasthan Minor Mineral Concession Rules) - and that no such permission was obtained in fact.