RAMESH KUMAR AWASTHI Vs. STATE OF H.P.

JUDGEMENT

(1.) ALL these cases are being disposed of by one judgment since common question of facts and law are involved in these writ petitions.

(2.) ALL the petitioners had obtained leases granting them concessions to extract minor minerals from certain areas in the river/stream beds. This Court in CWP No. 188 of 2001, titled Jagjit Singh vs. State of Himachal Pradesh, directed the State of Himachal Pradesh to formulate a policy to regulate the grant of mining leases in the river/stream beds. This order was passed with the object of ensuring that exploitation of minor minerals is done in such a manner that the ecology and environment is not adversely affected. Pursuant to the directions issued by this Court, River/Stream Bed Mining Policy Guidelines for the State of Himachal Pradesh were notified on 28.2.2004. In the policy itself one of the concerns mentioned was that over exploitation and extraction of the minerals at a pace which is much higher than the pace at which nature could replenish the extracted minerals was causing a conflict between the need to preserve the environment on the one hand and requirement of minerals especially sand, bazari etc., which are required for construction, on the other. Taking into consideration the relevant legislations on the subject and keeping in view the need of development and conservation, the policy was framed.

(3.) THIS clause clearly lays down the general conditions subject to which mining can be done in river/stream beds. These conditions admit of no exception.