T N GODAVARMAN THIRUMULKPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) We have pursued the report of the committee constituted by this court's order dated 7/1/1998. The report given after visiting the site discloses an alarming situation of lawlessness requiring urgent drastic action to stop the illegal activities in the area in question. Shri I. K. Dalela, director of Geology and Mining, government of Uttar Pradesh, is present in the court. In response to our query as to when did he come to know for the first time of the illegal mining activities in that area, he told us that it was only on Saturday, the 10/01/1998 that he came to know of this fact for the first time when the committee constituted by the court visited the site. He also tells us that he has been in this office for the last 5 years. These facts to be taken into account while fixing the responsibility of the persons responsible for commission of the illegalities and for conniving with the same. In view of the magnitude of the problem and the inaction of the authorities so far, the fact that the Director of Geology and mining is even now most casual in his approach towards the problem, as is evident from his demeanor in court before' us, we have no option except to require the personal presence of some of the senior most officers of the State government before we issue further directions in the matter.

(2.) In these circumstances, we direct that the Chief secretary of the government of U. P. should remain personally present in the court tomorrow (14.1.98. Thecounsel for the State of U. P. would ensure the presence of the Chief secretary by taking such steps as are necessary to inform him of this order.

(3.) The Director, Geology and Mining would also remain personally present in court.