JAI PRAKASH BADONI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitions, two in number, i.e. WPPIL Nos. 93 of 2015 and 95 of 2015 being connected, they are disposed of by a common judgment.

(2.) IN WPPIL No. 93 of 2015, the prayers sought are as follows:

(3.) BRIEFLY put, the case of the petitioner in WPPIL No. 93 of 2015 is as follows: The District Administration of Haridwar is doing mining activities by joining hands with the mining mafias and the riverbed island were damaged by the illegal mining in river Ganga. There is a reference to the judgment of this Court passed in WPPIL No. 38 of 2012. It is further contended that despite the same, mining activities were being carried out by the Garhwal Mandal Vikas Nigam and District Administration. A Contempt Petition No. 313 of 2012 was filed and it was found that in absence of E.I.A., mining activities were being carried out by the District Administration despite directions of this Court. There is a reference to the Principal Bench of National Green Tribunal. In short, there is a requirement of obtaining environmental clearance of the MoEF/SEIAA and licence from the competent authorities. There is reference to the directions of the Hon'ble Apex Court in the case of Deepak Kumar vs. State of Haryana. There is also reference to the spot inspection of the Expert Committee of respondent no. 1 and the status report, which contained several recommendations. The State Pollution Control Board has also issued directions to respondent nos. 7 & 8 to stop illegal mining at different sites of holy river Ganga at Haridwar. It is stated that despite the same, mining activities in the holy river Ganga are being done by removing island, boulders and by digging the riverbed through heavy machineries, and it is on these allegations that the petitioner has approached this Court seeking the reliefs. In WPPIL No. 95 of 2015, the prayer sought is as follows: