MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD finally with the consent of learned counsel for the parties. In Public Interest Litigation Petition No.7114/2011, prayer has been made to the effect that respondents be directed to stop mining operations by way of heavy blasting material in Khasra No.1368/1, 1379/1380, 1381 and 1382, situated at Village Dabla, Tehsil Neem-Ka-Thana, District Sikar. Prayer has also been made to direct the respondents to remove encroachments from Khasra No.1389, 1390 and 1391 and from water harvesting structure. Prayer has also been made to stop the operations of crushers, which are situated at nearby village Dabla within the prescribed distance of 1.5 km. Further prayer has been made to restrain the respondents from destroying plantation, which has been made in 500 hectares.

(2.) PETITIONER has submitted that the State Government has allotted about 24-25 minings leases for excavation of masonry stones in the year 2007-08. Earlier, mine holders were excavating the masonry stones by making small holes, which were not causing loss to the public at large, but now allottees of mines are making big holes and are using heavy blasting material, which is not within the permissible limits and resulting in spreading of stones in large distance as well as making noise and air pollution, causing danger to the lives of villagers also, situated in nearby village. Financial aid has been provided by the Central Government for development of 'Charagah' land and water harvesting structures to the tune of Rs.24.50 lacs and in 500 hectares of land, plantation has been made, which is also nearby mining areas.

(3.) BEFORE proceeding further, it is worthwhile to mention here that in the present scenario, the ecological imbalances and the consequent environmental damage has become alarming due to reckless mining operations. Preservation of ecology, flora and fauna is necessary for human existence. There is great and urgent necessity to preserve ecology. There are complaints in Rajasthan that mining has become a menace. The scale of injustice occurring in Indian soil is catastrophic. In this scenario, in a large number of cases, the Apex Court intervened in the matter and issued directions from time to time in public interest to protect and preserve forest cover, ecology, environment, wildlife etc. from ill effects of mining. Development has to be sustainable and precautionary. In T.N. Godavarman Thirumulpad Vs. Union of India & Ors., ((2002) 10 SCC 606), the Apex Court has observed that at global level, the right to live is now recognized as a fundamental right to an environment adequate for health and well being of human beings. There is increase in awareness of the compelling need to restore the serious ecological imbalances introduced by the depredations inflicted on nature by man. There may be boundless progress scientifically which may ultimately lead to destruction of man's valued position in life. The Constitution has laid the foundation of Articles 48A and 51A for a jurisprudence of environmental protection. Today, the State and the citizen are under a fundamental obligation to protect and improve the environment including forests, lakes, rivers, wildlife and to have compassion for living creatures. Duty is cast upon the Government under Article 21 to protect the environment and the two salutary principles which govern the law of environment are :(i) the principles of sustainable development, and (ii) the precautionary principle.