PRESIDENT ADDIVASI EKTA PARISHAD Vs. STATE

JUDGEMENT

(1.) AS per the orders passed yesterday, Mr. Rakesh Verma, Secretary, Department of Mines, is present in Court. He showed his inability to give comprehensive report within the time available at his disposal. He apprised the Court that there are 23000 mine owners in the State and most of the miners have been issued notice for submitting eco-friendly mining plan. Those who have not been issued the notices, will be issued shortly. Since he is in the process of getting feedback from the miners, the action plan put forward by the State Government is yet to be fully made operational. He needs a two weeks' period to come to the grip of the matter. In view of the vast dimensions of the question involved, we think it appropriate that the time prayed for be allowed. The report be submitted by 5. 1. 2004. It is expected that as required by the Mining Department, the miners will submit their eco-friendly plans accordingly.

(2.) THE Pollution Control Board submits that 83 files are complete as regards Green Marbles, 3 as regards Serpentine Chips and 5 as regards Soapstone. THE consent as required by the Act has been issued to them. We think that such miners to whom such consent letters have been issued by the Board may be permitted to operate for a period of three months hence, and in these three months, after watching their performance, necessary extension will be considered to be granted. In the meanwhile, those who will be granted consent letters hence forth by the Pollution Control Board, they will approach the Secretary, Department of Mines with consent letters. After examining the requisites, Secretary, Department of Mines, will issue necessary orders in accordance with law for operating the mines.

(3.) LEARNED counsel Mr. Joshi, Amicus Curiae, informs the Court that affidavits filed and the reports made by the Mining Engineer in regard to overburden are sketchy. They don't inform the exact operation taken with regard to the mining waste and overburden. We would have taken a stringent attitude towards the nature of the affidavit filed. Mining Engineer should have been careful before making the report on the sketchy affidavits. Even the report is also telegraphic. That being the position, this effort on the part of the engineers is not appreciated and now they should report afresh on each segment separately. This should be done by the next date of hearing. They should give a statistical report in this regard.