M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr M. C. Mehta - environmentalist lawyer - has filed this public interest petition under Article 32 of the Constitution of India seeking a direction to the Haryana Pollution Control Board (the Board) to control the pollution caused by the stone crushers, pulverisers and mine operators in the Faridabad- balabgarh area. We are in the process of monitoring the petition. The core question which we propose to deal with in this order is whether - to preserve environment and control pollution - the mining operations should be stopped within the radius of five kilometres (kms) from the tourist resorts of Badkal Lake and Surajkund in the State of Haryana.

(2.) This court by order dated 20-1 1-1995 directed the Board to inspect and ascertain the impact of mining operations on the ecologically sensitive area of badkal Lake and Surajkund. The inspection was done by a team of the Board comprising Dr B. Sengupta, Senior Scientist, Shri Lalit Kapoor, Senior environmental Engineer, Shri R. C. Kataria, Environmental Engineer and Dr J. Moitra, Scientist 'b'. The inspection report of the Board was placed before this court along with an affidavit filed by Dr S. P. Chakrabarti, Member secretary of the Board. In the affidavit, regarding the mining activities, it is stated as under:

(3.) We have heard the learned counsel for the mine-operators at length.