AJAY DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) In these three writ petitions since common question of law and facts are involved and also as agreed to by the Learned Counsel for the parties, they were heard together and are being decided by this common order.

(2.) Writ Petition No. 1574/2008 and Writ Petition No. 13329/2009 have been preferred as public interest litigations by one Ajay Dubey describing himself to be Secretary of Environment Friendly Organization- 'Prayatna', mainly with the grievance that number of mines/quarries are being operated illegally across the State of Madhya Pradesh without obtaining the statutory clearances which are mandatory in nature and, therefore, a direction has been sought to stop operation of all such mines which are being run notwithstanding the fact that closure orders have already been issued by the concerned authorities. It has also been inter alia prayed that a High Level Committee be constituted to enquire the matter pertaining to grant of permission for such mining operations.

(3.) In the other petition i.e. W.P. No. 13329/2009, the validity of sub-rules (1) and (2) of Rule 49 of M.P. Minor Mineral Rules, 1996 (hereinafter referred to as '1996 Rules') which gives exemption from taking environmental clearance under Environment (Protection) Act, 1986, Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 for excavation of sand and 'bajri' is challenged on the ground inter alia that it confers unfettered, unguided and uncanallised powers on the Director to grant exemption from obtaining environmental clearances to any particular mine for special consideration and, thus, the same being in violation of sections 13, 15(1 A) and 18 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'MMDR Act') and Mineral Conservation and Development Rules, 1988 (hereinafter referred to as '1988 Rules') is ultra vires besides being discriminatory as it is violative of Article 14 of the Constitution of India. It is therefore inter alia prayed that the State-respondents be directed to ensure that no mining activity in respect of excavation of sand and 'bajri' should be allowed to be undertaken without seeking prior clearance under the provisions of Environment (Protection) Act, 1986, Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974 and Environmental Impact Assessment (in short 'EIA') Notification dated 14-9-2006 and other allied statutory provisions relating to environment.