SEEMAJAN KALYAN SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this public interest litigation, the petitioner has prayed for a direction to the respondents that ten kilometer of area from international border line (India and Pakistan) should be declared as no mining/commercial/industrial zone. Consequently, it is prayed that the permission for said mining lease already granted should be cancelled. Further prayer made is that the decision to shut down Border Intelligence Chowkis be reversed.

(2.) Learned counsel for the petitioner vehemently contended that the mining operations in sensitive border zone is a serious threat to the security of the State. He submitted that even the Union of India is also of the opinion that there should be no mining in these sensitive areas. However, miner minerals being the State subject, the State Government has not put any restriction on mining. Counsel further submitted that Union of India has discontinued the border vigilance posts which was also hazardous to the safety of the State.

(3.) In our opinion, these are sensitive policy matters. What should be the buffer zone for permitting mining operations and other commercial operations near the international border, cannot be subject matter of decision by the High Court in a writ petition. Whether to continue with the check posts and in what manner, is equally a decision of policy to be taken by the appropriate authorities, who are responsible and entrusted with the task of safety and security of the State and its citizens. We do not see any dearth of power with Union of India in taking such policy decision, as may be found necessary and implementing them. Certainly, this Court would not venture into such sensitive policy decision. This petition is dismissed.