M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The question for consideration at this stage is whether the mining activity carried out in Villages Khori Jamalpur and Sirohi in District Faridabad in Haryana are in violation of the orders passed by this Court on 6th May, 2002. According to the State Government and lease-holders, the mining activity is carried on in an area measuring 75.05 hectares in Khori Jamalpur and 50.568 hectares in Sirohi, totalling 125.618 hectares and it is neither in violation of the orders of this Court nor of law. On the other hand, the petitioner and learned Amicus Curiae, submit that the mining activity is in violation of the order dated 6th May, 2002 and in any case, the mining activity results in degradation of environment.

(2.) On 6th May, 2002 this Court directed the Government of Haryana to stop all 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 hills. The mining activity in question does not fall within the limit of 5 kms. According to the petitioner, the limit of 5 kms. is not applicable in respect of mining in Aravalli hills in Haryana. For deciding this aspect, reference to other orders is also necessary.

(3.) An order dated 29th/30th October, 2002 was passed on considering Second Monitoring Report of the Central Empowered Committee (CEC) dated 28th October, 2002 in respect of mining in Aravalli hills. The report mentioned that Members of CEC on visiting the affected area, namely the forest areas in the Aravalli hills Kote and Alampur villages, found that mining operations are being carried out in the area which is forest area where plantation was made under the Aravalli Mining Programme funded by the Japan Government in early 1990s. In view of this report, order dated 29th/30th October, 2002 was passed prohibiting and banning all mining activities in the entire Aravalli hills. Further, in the order dated 31st October, 2002 it was observed that on the principle of sustainable development, no mining activity can be carried out without remedial measures taking place. It was further noted in that order that before any mining activity is permitted, it is necessary that the environment impact assessment is done and the application for the said purpose is dealt with.