KINKRI DEVI Vs. STATE

JUDGEMENT

(1.) The petitioners have instituted the present petition seeking the reliefs, inter alia, that the mining lease for the excavation of limestone from Khasra No. 2107/1979/1 situate in village Sangrah, Tehsil Renuka, District Sirmaur, granted in favour of the third respondent by the first respondent (State of Himachal Pradesh) be ordered to be cancelled, that the third respondent be restrained from operating the mines covered by the lease in such a manner as to pose danger to the adjoining lands, water resources, pastures, forests, wildlife, ecology, environment and inhabitants of the illaqua, that a Commission be appointed to assess the damage caused to the environment, ecology, natural resources, inhabitants of the illaqua and the right-holders of village Sangrah as a result of the uncontrolled quarrying of the limestone by the third respondent and the respondents be directed to pay compensation for such damage, that the State Government be directed to prepare a scheme for treating the land, water resources, pastures, forests, wildlife, ecology and environment and for repairing the damage et al.

(2.) The petition, which is in the nature of a social action litigation, was instituted on March 31, 1987 and it was notified for preliminary hearing on April 8, 1987. The learned counsel for the petitioners was permitted on that day to place on record an article published in the daily edition dated April 6, 1987 of the "Indian Express" under the heading "Progress or People's Nightmare" which purports to highlight the damage caused to the Shivalik hills in the Sirmaur District which are being "ruthlessly blasted for extracting limestone" and the danger and hazards faced by the inhabitants and the disturbance to the environment and ecology as a consequence thereof. The article is stated to have been based on an investigative exercise undertaken by a team of journalists who visited a number of mining sites in the District. Notice was ordered to issue to the respondents on the same day and it was made returnable on April 28, 1987. The respondents were directed to file separate affidavits-in-reply to the petition and to deal also with the contents of the newspaper article in their affidavits. The first respondent was also directed to place on record the affidavits of the following officers specifically dealing with the allegations made and the grievances ventilated in the petition and the facts disclosed in the newspaper report insofar as they concerned the respective field of operation of each of them : 1. The Conservator of Forests, Sirmaur District at Nahan. 2. The Conservator of Forests (Soil Conservation), Shimla.

(3.) The Conservator of Forests (Wildlife), Shimla.