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TMI Blog2018 (1) TMI 1576X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed thereunder would not apply to the imported sand and also issued directions to close the sand quarry, etc. 2. The brief facts necessary for disposal of the appeal would run thus:- (i) The 1st respondent herein ( hereinafter referred to as the writ petitioner) has preferred a writ petition contending that the 1st respondent / writ petitioner is a Private Limited Company provided with Import and Export Code (IEC) bearing No.0412018128 issued by the Ministry of Commerce and industries, the Government of India, in terms of the provisions of Foreign Trade (Development and Regulation) Act. Since then, the writ petitioner was doing the business. (ii) In India, for the past 10 years, there is rapid development of infrastructure and the "natural sand" is one of the major and essential material. Already, the natural sand was exploited from the rivers to its maximum extend and consequently, the ecology is in peril. The deposit of natural sand has come down rapidly in the Indian rivers due to maximum exploitation. While its demands were very high and the price of the natural sand has incidentally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over the same to the Revenue Divisional Officer, Kanyakumari District, who in turn handed over the said lorries to the Assistant Director of Geology and Mines, Kanyakumari District. The Inspector of Police has also registered a case in Crime No.450 of 2017 under Mines and Minerals Act, 1957. It is further stated that the 1st appellant / the District Collector Thoothukudi District had instructed the V.O.Chidambaranar Port Trust, Tuticorin, not to allow any private person / Government Firms or any other agency to transport the imported sand from the Port Yard. (vi) On the basis of the instructions, the Port Trust has issued a communication dated 24.10.2017 to the clearing agent, stating that the Port will not permit to transport away the sand. Contending that the provisions of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter called as MMDR Act) and Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter called as MMCR Act) have no application to the imported sand and the appellants have no authority to prevent this imported sand being sold to their customers, and there is an interference with the fundamental right guaranteed under Article 19(1)(g) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the Rules 2011 mandate the registration of a dealer, obtaining required permission for transportation of the imported sand and also submission of the relevant records connected thereto. By such submission, the respondent in the writ petition sought dismissal of the writ petitioner's claim. 3. The Writ Court, after considering the rival submissions, allowed the writ petition and issued the following directions:- "(a) The State shall stop all sand mining/quarrying activities in the State of the Tamil Nadu within six months from today and shall not open any new sand quarries/mines in future; (b) The quarries of granites and other minerals, except, jelly, have to be periodically closed to maintain ecological balance; (c) The respondents shall forthwith issue appropriate directions to the authorities concerned enabling the importers to transport and sell the the imported river sand with appropriate directions to the importers to produce all the import related documents and maintain proper records reflecting the quantity imported, sold, stock in hand and other necessary particulars before the Mines and Commercial Taxes Departments respectively, to check evasion of taxes; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules of local enactments, i.e., under the GST laws; (l) The State shall be at liberty to bring in an enactment to regulate and handle such imported sand within the State, maintenance of records, etc; (m) The respondents 13 to 16 shall issue appropriate guidelines specifying the quality of sand and its usage so as to enable the importers to get appropriate sand with Certificate from the exporter/authorities in foreign soil, so that the life and property of the common public is not jeopardised and the natural wealth of the State is preserved; and (n) A copy of this order be marked to all the parties concerned forthwith for strict compliance/adherence." 4. Assailing the order of the learned Single Judge, the appellants have preferred this appeal, inter alia contending that the provisions of the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealer Rules 2011 are applicable and the definition of "sand" under Rule 38 (c) of the Tamil Nadu Minor Mineral Concession Rules, could be relied on, as both Rules were framed by drawing power under the MMRD Act. The State has powers to control the storage and transportation of imported sand also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Rules 2011. In this regard, the Learned Advocate General relied upon the decision in 2015 (11) SCC 513 (District Magistrate, Haridwar v. Harish Malhotra) to contend that the later enactment is "pari materia". 10. The Learned Advocate General further contended that Rules 1959 and Rules 2011 were made by the State, only in furtherance of the powers granted under Sections 15 and 23 (c) of the MMDR Act and since both the Rules were cognate and subordinate Legislation, the definition under one Rule can be relied on in another. 11. It is also contended that as per Section 4(1A) of the MMDR Act, and Rules 1959 were amended and Rules 2011 were enacted in furtherance of the introduction of Sub-section, 1A to Section 4 in 1999 and therefore the appellants are well within their powers to exercise their jurisdiction over the imported sand as well as Section 4 and 4(1A), which are to be read dis-jointly. Further the learned Advocate General contended that though the word "regulate" would not ordinarily mean to include "prohibit", it may, under certain circumstances include the power to suppress or prohibit and the scope the word "regulate", which must be derived from the object of the Legi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r fresh survey, site selection, boundary demarcation, sensitisation of the officials on the environmental impact of sand mining, CCTV monitoring, District Level Monitoring and State Level Monitoring by task force with provisions for appeal, the centralised control room, creation of legal room, liability of contractors, mine closure and plan and promotion of M-sand. The learned Advocate General also relied upon a judgment of the Supreme Court reported in 2016 10 SCC 165, AIR 1961 Supreme Court 232, AIR 1962 Supreme Court 1406 and 1985 2 SCC 116 and the Full Bench Judgment of the Kerala High Court in WP(C).No. 4484 of 2012 and sought to set aside the order of the learned Single Judge. In the course of arguments, the Learned Advocate General fairly submitted that Rules 38 (A), 38 (B) and 38(C) of Minor Mineral Concession Rules would not apply for imported sand. 16. Per contra, the learned Senior Counsel appearing for the 1st respondent / writ petitioner urged that the learned Single Judge has rightly appreciated the provisions, and the judgments including the Division Bench judgment, wherein Rules 38(A) and 38(C) where upheld and it was rightly held that the existing provisions incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gher, i.e., over 95%, it can be used purely for industrial purpose. 19. The learned Senior Counsel appearing for the first respondent / writ petitioner also contended that since the Central Government has permitted the import of sand, though the duty along with GST has been remitted, the State Government instead of encouraging importers and for obvious reasons, interfered with their lawful trade. Hence, the writ petitioner cannot be prevented from transporting and selling the sand, as it would violate the rights granted under Article 19(1)(g) of the Constitution of India. Further, it was also pointed out that the imported sand is an alternative sand, like M-sand, and by encouraging the import, the river-bed can be preserved, thereby, curtailing the hazardous illegal mining. The learned Senior Counsel further relied upon the judgments in AIR 2004 Madras 151 , 1995 (2) SCC 402, 2014 (9) SCC 657, 2003 (4) SCC 753and 2010 (13) SCC 1 and sought dismissal of the Writ Appeal and seeks for early release of sand, as the delay is causing severe hardship to the writ petitioner. 20. The learned Senior Counsel appearing for the proposed 7th respondent, is sailing along with the writ petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect the environment and the balance of demand for sand by liberalising the imports. Hence, the learned Senior Counsel sought dismissal of the writ appeal. 23. We have heard the rival submissions and perused the materials available on record. 24. After hearing the parties, this Court finds that the following questions arise for consideration:- (1) Whether the writ petitioner is liable to register and seek permits forstorage, transportation and sale of imported sand from outside india as per the MMDR Act, 1957, TNMMR 1959 and Tamil Nadu Prevention of Illegal Mining, Transportation and storage of Minerals and Mineral Dealers Rules 2011? (2) Whether the directions issued by the writ court exercising its powers under Article 226 of the Constitution of India needs interference? (3) Whether this Court has a legal obligation/mandate to preserve ecology, i.e Sand, Forests, Water, Air, etc for the present and for future generations as guaranteed under Article 21 of the Constitution of India by issuing appropriate directions? 25. At this juncture, it would be appropriate to refer herein the relevant provisions of MMDR ACT and Rules 2011:- "Section 3(e):- "3(e). 'minor minerals' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r authority who has been empowered under sub-section (4), Section 21 of the Act." Rule 7:- "7. Conditions.-The registration certificate shall be granted in Form 'D' subject to the following conditions:- (i) 'All trades in minerals should be registered as dealers. However in the case of Mineral Dealers who deal exclusively with imported minerals of a variety not available in Tamil Nadu, no inspection of the Units outside the State from which the minerals are secured will be done. The mineral traders however should file quarterly statement of their minerals imported into the State and produce proof of payment of any entry tax or other tax leviable by the State of Tamil Nadu whenever called upon to do so. (ii) The grantee of registration shall maintain the details of minerals purchased and stocked and details of mineral transported from the stockyard and the balance of mineral available in the stockyard in Form 'E'. If the grantee of registration having more than one stockyard, each stockyard shall be registered separately and From 'E' shall be maintained separately for each stock yard. The stockyards are liable for verification at any time by the authority or authorised offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions throws lime-light on the issue that revolved around for consideration before this Court and thus, the following could be culled out for better appreciation: The Mines and Minerals (Development and Regulation) Act, 1957 deals with reconnaissance, prospecting and mining operations within the country of India. The scope and object of the act is spelled out in Section 4 extracted above. The Act does not contemplate or deal with imports. Section 13 of the Act enables the Central Government to make rules and exercising the power, the Minor Concession Rules, 1960 were framed. Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957, enables the State Government, by notification in the Official Gazette, to make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for the purposes connected therewith. Similarly, by virtue of Section 23-C of the Mines and Minerals (Development and Regulation) Act, 1957, the State Government may, by notification in the Official Gazette, make rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith. 23. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g and sale of sand would apply only to the sand purchased from Public Works Department or licencee. 27. A conjoint reading of Rule 38-C with other Rules andAppendixes will reveal that it deals with issuance of transport permit to the licencee by the Public Works Department or when the licencee effects a sale and when a sale slip is to be duly authenticated by the Taluk Head Quarters Deputy Tahsildar. A thorough scrutiny of various Forms in APPENDIX XII, XVII, XVIII, XIX, XX and XXII would illustrate that the restrictions in Rule 38C are applicable only to the sand quarried within the State and purchased from the Public Works Department and a licencee, as all the Forms contained columns only demanding the place, survey number, etc., where the sand was quarried and stored. The Explanation to the Rules also makes it very clear that 'stockyard' means the place where the licencee stores the sand purchased from the Public Works Department and 'sale slip' is to authenticate that the sand from such stockyard has been sold. ... 31. Further, as per the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011, the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, this court is in complete consonance with the findings of the Learned Single Judge that the provisions of Sections 15 and 23C do not empower the States to deal with imported sand. Also, the Judgments of the Division Bench upholding the validity of Rules 38A and 38C will in no way affect the contentions of the writ petitioner as held by the Learned Single Judge. 29. It is pertinent to mention here though it was contended by the appellants in the writ petition that Rule 38C would empower the appellants to exercise their authority over imported sand also, now a stand is taken that the definition of 'sand' in explanation to Rule 38C must be read into 2011 rules as both originate from the MMDR Act, 1959 and are to be considered as Pari materia. The following judgments were also relied upon by the Learned Advocate General:- (i) District Magistrate, Haridwar v. Harish Malhotra [(2015) 11 SCC 513]:- "12. Notification No. 145/XXVII(5)Entertainment Tax/2005 dated 17-8-2005 does not apply to the respondent as it seeks to tax "exhibition by means of video". The respondent's activities are not covered by the aforementioned expression. For the definition of the said expression the U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority of any Department of the Central Government or State Government or a Local Authority. It appears that for about ten years prior to 1973-74 bonus was paid to the employees of the Delhi Development Authority but it was stopped thereafter on the advice of the Ministry of Law. The employees questioned the stoppage of the payment of bonus by filing Civil Writ Petition 1139 of 1979 in the Delhi High Court. The High Court allowed the writ petition and the Union of India and the Delhi Development Authority have preferred this appeal, after obtaining special leave of this Court under, Article 136 of the Constitution. The expression "local authority" is not defined in the Payment of Bonus Act. One must, therefore, turn to the General Clauses Act to ascertain the meaning of the expression. Section 3(31) defines Local Authority as follows: "'Local Authority'" shall mean a Municipal Committee, District Board, Body of Port Commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund." "Local fund" is again not defined in the General Clauses Act. Though the expression appears to have received treatm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CC OnLine SC 586 at page 689 "52. An argument raised by the appellants herein is the issue relating to the "doctrine of pari materia". It is contended that since the ESI Act does not define the term "shop", the said definition may be ascertained in the light of the definitions under the relevant Shops and Commercial Establishments Act as enacted by the respective State Legislatures, since the purpose and object of both the enactments are one and the same. 53. For the above purpose, it would be necessary to look into the concept of "doctrine of pari materia" and further ascertain whether the given statutes are in fact pari materia with the ESI Act. It is settled law that two statutes are said to be in pari materia with each other when they deal with the same subjectmatter. The rationale behind this rule is based on the interpretative assumption that words employed in legislations are used in an identical sense. However, this assumption is rebuttable by the context of the statutes. According to Sutherland in Statutes and Statutory Construction, Vol. 2, 3rd Edn.: "Statutes are considered to be in pari materia to pertain to the same subject-matter when they relate to the same pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. It is settled law that the words used in a particular statute cannot be used to interpret the same word in a different statute especially in light of the fact that the two statutes are not pari materia with each other and have a wholly different scheme from one another. .... 69. In the matters regarding Royal Western India Turf Club Ltd., it is brought to our notice by Shri J.P. Cama, learned counsel, that there are other issues involved as well. Therefore, we now send back the matters i.e. CAs Nos. 49, 1575 of 2006, 3421 and 3422 of 2012 insofar as Royal Western India Turf Club Ltd. to an appropriate two-Judge Bench of this Court for adjudication and decision on the issues not addressed herein." (iv) Kanta Devi v. Union of India, (2003) 4 SCC 753 : 2003 SCC (L&S) 592 at page 757 :- "8. According to Rule 7(b), the appointing authority is the Commandant and since the DIG is of higher rank, there is no illegality in the order passed by him in passing the order of dismissal. Just because the IG's approval is required for the purpose of appointment or promotion, the position of the Commandant as the appointing authority is not changed and the IG does not become the appoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction is introduced under a particular section, it has to be read in conjunction with the object of the section. Section 4 states that no operations shall be permitted in any area except under and in accordance with the terms and conditions of permit or licence or lease granted under the Act. Therefore, the transportation and storage referred in the Sub-section 1A can only apply to the mined or quarried mineral under the reconnaissance permit or prospecting licence or mining lease. Further, as rightly held by the Learned Single Judge that Section 15 empowers the State to make rules for regulating the grant of quarrying lease and Section 23C deals with measures to prevent illegal mining, transportation and storage of minerals, it does not deal with import from another country. 32. Insofar as the Kerala and Goa Rules and the Foreign Trade Policy are concerned, the same are not applicable as the Tamil Nadu Rules do not contain such specific provisions regarding import from foreign country and more so in the light of the fact that the Act, itself does not deal with imported minerals from another country. What is not available in the statute, cannot be created by drawing inference from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "regulate" "Article 301, with which Part XIII commences, contains the crucial words, "shall be free" and provides the key to the solution of the problems posed by the whole part. The freedom declared by this Article is not an absolute freedom from all legislation." (iv) State of Tamil Nadu v. M/s. Hind Stone [(1981) 2 SCC 205]. "The impugned rule contravened Articles 301 and 303 of the Constitution of India is equally without force. The restrictions freedom from which is guaranteed by Article 301 would be such restrictions as directly and immediately restrict or impede the free flow or movement of trade, and regulatory measures or measures imposing compensatory taxes for the use of trading facilities do not come within the purview of restrictions contemplated by Article 301.They are excluded from the purview of the provisions of Part XIII of the Constitution for the simple reason that they do not hamper, trade, commerce or intercourse but rather facilitate them." 34. There is no quarrel over the ratio laid down in the above judgments. The answer to this contention is found in paragraphs 33 and 38 of the judgment of the Learned Single Judge, wherein the right of the State to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it can be used only for industrial purposes. It was also contended that it is not clear whether the export was carried out with the knowledge of the Malaysian Government or not and without subject to any test by the state, the imported sand cannot be permitted to be used for construction activities. The said contention, in the opinion of this Court, cannot be countenanced. As rightly contended by the learned counsels for the contesting respondents, the certificate of analysis and phytosanitary certificate have been issued by the Government of Malaysia, which find place in the typed set of papers filed by the appellants themselves. Therefore, it cannot be contended that the import was made without the knowledge of the Malaysian Government. Also from the guidelines issued by the Ministry of Natural Resources and Environment of Department of Irrigation and Drainage Malaysia as placed by the respondents, it is evident that the rivers in Malaysia are covered with sand blocking the passage and the Government itself has been encouraging the dredging activity and such sand are sold. 39. Insofar as the contention that the sand imported with 81.6% of silica is not fit for construction, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions issued are in the nature of legislative directions and the Courts do not have such powers to issue such directions. The Judgement of the Apex Court in 2017 5 SCC 163 (State of U.P. v. Subhash Chandra Jaiswal) in support of his contention that the High Court must not travel beyond the scope of the petition and should not issue directions which are in the sphere of policy. "23. Some of the directions, as we perceive, are in the sphere of policy. A court cannot take steps for framing a policy. As is evincible, the directions issued by the High Court and the queries made by it related to various spheres which, we are constrained to think, the High Court should not have gone into. It had a very limited lis before it. Be it stated, the directions may definitely show some anxiety on the part of the learned Judges, but it is to be remembered that directions are not issued solely out of concern. They have to be founded on certain legally justifiable principles that have roots in the laws of the country. In this regard, we may fruitfully refer to the following passage from State of U.P. v. Anil Kumar Sharma [State of U.P. v. Anil Kumar Sharma, (2015) 6 SCC 716 : (2015) 3 SCC (Cri) 36 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain profession. Even today, the State contributes a lot to the country's agricultural contribution. However, the percentage is depleting every year as the State is dependent on water from neighbouring States. Even, when there is significant rain, the same is of no use as the State has not taken appropriate steps for several decades, despite the continuing dispute and demand for water from neighbouring States. The importance of preservation of rivers and the river beds and their direct impact on the underground water table and agricultural activity, is paramount. The removal of excess sand from the river beds causes erosion of the river banks and ultimately, affects the riparian habitats in many ways. The depletion will cause deepening of the rivers and thereby, it would also affect the aquatic habitat. The effects of the sand mining will affect the ecological balance, in such a way that the same cannot be retrieved forever. 39. Here, it is necessary to point out that as per the report filed before the Honourable Division Bench of this Court, about 1,00,14.239 MT of sand has been illegally mined in 2013-14 alone in Kanyakumari, Tirunelveli and Tuticorin Regions. The Rio Declaratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sts from such ultrahazardous pursuits of economic gains. Jurists, technologists and other experts in economics, environmentology, futurology, sociology and public health, etc. should identify areas of common concern and help in evolving proper criteria which may receive judicial recognition and legal sanction.? 230. In Pritam Pal v. High Court of M.P. [1993 Supp (1) SCC 529 : 1993 SCC (Cri) 356] , the maxim saluspopuli (est) suprema lex, i.e. welfare of the people is the supreme law, was again emphasised upon, though in a different context. 231. At this juncture, I must also refer to the other maxim salusreipublicae suprema lex, i.e. safety of the State is the supreme law and in case of any conflict, an individual must yield to the collective interest. But, it should not be done at the cost of safety. At all times and at all quarters, sincere efforts are to be made to maintain and sustain the safety of the people. That has been spoken by the ancients when the Kings ruled and the same reigns supreme in a democratic set-up. True it is, there are exceptions, but the exceptions are to remain in the realm of exceptions only and should not be brought into play either at the whim or f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oss caused to property. 241. I have already emphasised upon the concept of living with the borrowed time of the future generation which essentially means not to ignore the inter-generational interests. Needless to emphasise, the dire need of the present society has to be treated with urgency, but, the said urgency cannot be conferred with absolute supremacy over life. Ouster from land or deprivation of some benefit of different nature relatively would come within the compartment of smaller public interest or certain inconveniences. But when it touches the very atom of life, which is the dearest and noblest possession of every person, it becomes the obligation of the constitutional courts to see how the delicate balance has been struck and can remain in a continuum in a sustained position. To elaborate, unless adequate care, caution and monitoring at every stage is taken and there is constant vigil, life of some can be in danger. That will be totally shattering of the constitutional guarantee enshrined under Article 21 of the Constitution. It would be guillotining the human right, for when the candle of life gets extinguished, all rights of that person perish with it. Safety, secu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 002, very serious warning has been sounded that the turbulence created by dredging for sand at sea in Kerala could damage the fragile ecosystem along the coast. There also appeared a sub article about ravaged rivers. Though it is about Kerala rivers, it is as much relevant elsewhere and in particular in Tamil Nadu. The article depicts a very harrowing picture of the dangers of clandestine exploitation of river sand. In my view what is happening is not clandestine exploitation, but a bold unabashed robbery of nature's wealth. 20. Sand mining has an adverse and destructive impact. Its disastrous effect is unimaginable. It has "crippled the riverine ecology and depleted the ground water table resulting in a nascent desertification process". It has affected the stability of river banks leading to loss of whole chunks of land and making large areas flood prone. Drain channels to lakes, ponds, tanks irrigation are blocked since there is no more water. The river bed goes down far below the receive canals. It has been identified as the main reason for the water crisis. The potable nature of available drinking water is affected as the sweet water acquifers (recharger and purifier) are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lling, extracting many times the permitted amount of sand as enforcement agencies turn a blind eye. 23. Local political leaders anchor the whole operation acting as the conduit for the huge bribes fuelling the well oiled network. Many of the kingpins evade the long arm of the law by alternating between other illegal operations in the forest and liquor business. 24. Government is deprived of huge amounts by way of royalty. 25. There is no proper legal provision enacted by the Government to take action on illegal sand mining. Very often policies are dictated by short term considerations such as elections or partisan pressure. The rules are not scrupulously followed in the matter of grant of permit for sand quarrying. Government officials who are supposed to check illegal sand quarrying join hands with sand smugglers. 26. Articles 48-A and 51A emphasize protection andimprovement of the natural environment including forests, lakes, rivers, wildlife and other living creatures. The phrase used is `protect and improve' which implies that the phrase appears to contemplate affirmative governmental action to improve the quality of the environment and not just to preserve the envi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gone from bad to worse. The Hindu reported about the battles between the District administration and the sand mafia. The report referred to the collapse of Karanodai Highway Bridge on Chennai-Calcutta Highway and how the LakshmipuramAnicut across Araniar, on the northern outskirts of the city was washed away some years ago because its structure got weakened as a result of sand extraction around the Anicut. As on that day it required Rs. 3 or 4 crores to build a fresh Anicut. 31. The enormity of the problem suffocates us. Theapathetic and lukewarm approach of the powers that be baffles and pains us. Gide Andre lamented `Everything has been said already but nobody is listening. We must always begin again.' Scores of Judges have said before. Their directions have not been implemented. It is a sordid commentary on the state of affairs. Still I am issuing directions to the Government in the fond hope that they will be implemented and something good may come about. These are in addition to what has been directed to be done by P. SHANMUGHAM, J. in W.P.Nos.10632/92 etc. batch already referred to. 1. The Government shall constitute a high level committee consisting of scientists, g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad suggestions. There can be additions and elucidations to make the object more effective and result oriented. No stone should be left unturned to annihilate the pernicious practice of exploitation of natural resources jeopardising the long term interest of the people. 32. Under Articles 48-A and 51-A(g) it is the fundamental duty of every one of the citizens of this country to protect and improve the natural environment including forests, lakes, rivers, all other water resources and wild life and to have compassion for living creatures............". 46. Based on the directions of the Hon'ble Court, under similar circumstances, a High Level Committee was constituted and after inspecting all the river beds, submitted a report. The relevant findings on the depletion of the rivers are given below:- "2.2 OBSERVATIONS OF THE COMMITTEE 2.2.1 Araniyar, Kosasthalaiyar, Palar, Coovam and Vegavathi Rivers in Tiruvallur and Kancheepuram Districts The Kosasthalaiyar and Araniyar rivers flow mostly in Tiruvallur district. At the time of visit by the committee there were no existing quarry leases in these riverbeds. However, the committee visited the Koasasthalaiyar riverbed near Kara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bed. The local Public Works Department officials deposed before the committee that they are helpless and not able to do anything to stop the illicit removal of sand, as they do not have any powers to take action on such illegal activity. The local police are also reluctant to take action and advice to report the activity to the local Tahsildar and by the time action has been taken, irreparable damage has been caused. The local Tahsildar and Revenue Divisional Officer of the region explained that this illicit activity is carried out mostly during night time. They are unable to take effective steps in this regard. The committee also examined the damage caused to Aranvoyal Anaicut near the 12/4-km stone of the Poondi-Tiruvallur highway. It is reported that this anaicut had collapsed in 1986 and was repaired by the Public Works Department, which again got damaged in 1991. The main cause for this damage is illegal quarrying and over exploitation of sand from the Coovum riverbed. Due to constant removal of sand the Coovum riverbed has lost its sand potential and the quarrying has been shifted to the patta lands adjacent to the Coovum riverbanks, where large scale illicit quarrying w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her areas from exploitation thereby creating an artificial demand for sand which enables hiking of sand price. The committee feels that appropriate changes are to be made in the rules so that only genuine people are permitted to participate in the auction. In Villupuram district, only one lease is currently in operation in Malattar River. In the area leased out in Sithattur Thirukkai village extensive damage to the river bed is caused because of indiscriminate and unscientific method of quarrying. The boundaries of the lease are not properly demarcated, and so illicit operations are carried out in the area adjacent to the leasehold. Even though large areas of sand are available in the river bed, the District authorities are yet to take action to bring the areas for exploitation and the committee was told that the proposals are also available for bringing these areas for tender cum auction. In Villupuram and Cuddalore Districts illicit quarrying in the areas adjacent to lease hold areas is observed in all the places visited by the committee. Sand is continuously removed and sent to Chennai to meet the demand there. Generally the committee observed that in riverbed the removal of san ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ads in the leasehold area the lessees engage poclains and remove sand indiscriminately and illicitly from large areas. 2.2.4 Palar and Cheyyar Rivers in Tiruvannamalai and Vellore Districts The committee visited a lease area in Cheyyar River in Anapathur. Here also road formation is seen inside the riverbed and sand is being quarried by rathole mining, which will affect the flow of water and the environment. In Panamugai village in Palar river bed, quarry operations were seen in depth beyond three to four meters exposing the bed rock. In the riverbed in many places huge ponds are formed due to illicit and deep sand quarrying thereby obstructing the free flow of water. It is also observed that the lessee is quarrying in the riverbed in the adjacent Vellore district-taking lease in Tiruvanamalai district. In Vellore district near Perumugai village indiscriminate mining of sand was noticed in Palar River in the leased area. Since there is no flow of water in the Palar river, only large ponds of water are seen in the river bed which are standing examples for exposure of groundwater table. 2.2.5 Vaigai, Vaipar, Tamiraparani, Chitrar and Nambiyar River in Madurai, Sivagangai, Thoo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lic Works Department authorities to remove sand. Here water is seen flowing throughout the year. Such construction of road will only obstruct the free flow of water and sand collection in the river. In this riverbed also illicit removal and unscientific mining have made the river to appear as small ponds. Near Seevalaperi in the Chitrar River, a tributary of Tamirabarani River, indiscriminate quarrying has made the river appear as an undulated terrain with large pits. Sand has been removed to a depth of two to three meters. The river has also been widened due to indiscriminate sand removal in adjacent patta land to a depth of 3 meter. All these quarry operations are of illegal nature. Road has been formed within the riverbed for such illegal removal of sand. The committee also examined leasehold areas in Rajakalmangalam in Nambiyar riverbed. Here the District Collector has permitted the Koodangulam atomic power project authorities to remove 8500 lorry loads of sand for their construction work. Even in this area where government agencies have been permitted to quarry sand, sand quarrying is done in haphazard manner and this has resulted in formation of pits in the river up to a de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act Assessment Authority. 49. Recently, in a batch of writ petitions in WP (MD) No.4251 of 2017 & etc, the Madurai Bench of Madras High Court, by order dated 28.07.2017, constituted a Committee of Commissioners to inspect the quarries and report the details with regard to excavation of sands from the quarries. Accordingly, as directed by the Madurai Bench of Madras High Court, the Committee of Commissioners filed its report with conclusions, from which, it is ascertained as follows: * The team had found during the inspection that the entire river beds riddled with pits and ponds due to indiscriminate and chaotic sand mining continuously. The illegal mining beyond the permitted boundary and depth level has not only thrived, but also flourished inspite of rigorous rules to restrict illegal mining and due to failure of monitoring mechanisms. The large scale illegal mining could not have taken place without the knowledge of all concerned who were/are part of sand mining. The natural mineral, which is the public wealth has been looted and squandered without restraint illegally. * The irresistible conclusion of the commission is that in all the sand quarries inspected by the team, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticed by the agencies which grant permission for sand quarry. * Since the licensee is the Government, all the norms are violated with impunity and yet the quarrying operation is allowed to continue. It is also desirable to impose a long term ban of mining operation at the stretches of Kadambankurichi, Thottakurichi, Silaipillaiyarpudur, Manamedu and entire kollidam River to enable the replenishment as in all these quarry sites, the mother river Cauveri is weeping blood and she is being repeatedly violated by her own sons continuously. The above statement does not imply that the other sand mining sites are given clean chit for further sand mining. * The illegal mining starts from poclain operator. Without fixing of pucca permanent pillar boundaries, it may not be possible for the poclain operator to excavate within the limited extent. * So far, the lifting contractor has not performed any stipulated duty under the terms of contract including backfilling of pits wherever warranted which has caused severe ponding effect throughout the length and breadth of river Cauveri which is a major stumbling bottle neck for the free flow of water. Excess mining beyond the permitted depth ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke action against the perpetrators of illegal mining. d. The liberty to the State to enact law cannot be termed as a policy direction as such a direction was issued after holding that the existing laws are inadequate to deal with imported sand. 51. Insofar as the contention that the directions can be issued only by the Division Bench, this Court is not in consonance with same. The directions were issued by the Learned Single Judge in exercise of his power under Article 226 of the Constitution, which is wider even than the power of the Apex Court under Article 32. The law on this point is settled in many cases. This High Court under Article 226 of the constitution has wide powers to issue directions to not only protect the fundamental rights but also the constitutional rights. The directions issued are relating to and connected with the subject matter of lis before the court. Therefore, this Court is of the view that the learned Single Judge was well within the powers of the Court under Article 226 of the Constitution and the second question is answered in negative against the appellants. 52. Another ground that was raised is that the directions have been issued without giving o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally. Right to shelter, therefore, includes adequate living space, safe and decent structure, clean and decent surroundings, sufficient light, pure air and water, electricity, sanitation and other civic amenities like roads etc." (iv) (2003) 7 SCC 389 : 2003 SCC (Cri) 1642 at page 394: 'Environmental, ecological air and water pollution amount to violation of the right to life assured by Article 21 of the Constitution of India, 1950 (in short "the Constitution"). Hygienic environment is an integral facet of healthy life. Right to live with human dignity becomes illusory in the absence of humane and healthy environment." 54. The directive principles of the state policy are not mere guidelines. The decisions of the state are to be in consonance with the fundamental and constitutional rights. It is the duty of the state to ensure that the fundamental right to life guaranteed in the constitution is safeguarded. The maintenance of ecology by preserving the river and river beds go a long way in not only preserving them for future generations or inhabitants in the vicinity, but also will have a global impact. The mining of sand along the river-bed has drastic effects on the ecology. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... streambed, producing braided flow or subsurface inter gravel flow in riffle areas, hindering movement of fishes between pools. Groundwater quantity * Whenever the stream bed is lowered the water table adjacent to the rivers are also get lowered. * Sand acts as cushion - absorb water and allow them flow laterally. * The ground water recharge in the adjacent area of the river course is mainly by the lateral flow of water from the river. This phenomenon is application to the river flowing in plains. Ecological Impact These impacts may have an effect on * the direct loss of stream reserve habitat, * disturbances of species attached to streambed deposits, * reduced light penetration, *reduced primary production, and reduced feeding opportunities. Salt Water intrusion * Excessive instream sand-and-gravel mining causes the degradation of rivers. * Depletion of sand in the streambed and along coastal areas causes the deepening of rivers and estuaries, and the enlargement of river mouths and coastal inlets. It may also lead to saline-water intrusion from the nearby sea. * Excessive instream sand mining is a threat to bridges, river banks and nearby struc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a right to expect certain lands and natural areas to retain their natural characteristic is finding its way into the law of the land. The need to protect the environment and ecology has been summed up by David B. Hunter (University of Michigan) in an article titled an ecological perspective on property: A call for judicial protection of the public's interest in environmentally critical resources published in Harvard Environmental law Review Vol. 12 1988 Page 311 in the following words: "Another major ecological tenet is that the world is finite. The earth can support only so many people and only so much human activity before limits are reached. The lesson was driven home by the oil crisis of the 1970's as well as by the pesticide scare of the 1960's. The current deterioration of the ozone layer is another vivid example of the complex, unpredictable and potentially catastrophic effects posed by our disregard of the environmental limits to economic growth. The absolute finiteness of the environment, when coupled with human dependency on the environment, leads to the unquestionable result that human activities will at some point be constrained. "[H]uman activity finds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s by the natural world. An understanding of the laws of nature must therefore inform all of our social institutions." 16.The ancient Roman Empire developed a legal theory known as the "Doctrine or the Public Trust. It was founded on the ideas that certain common properties such as rivers, sea- shore, forests and the air were held by Government in trusteeship for the free and unimpeded use of the general pubic. Our contemporary conceded about `the environment' bear a very close conceptual relationship to this legal doctrine. Under the Roman Law these resources were either owned by no one (res Nullious) or by every one in common (Res Communious). Under the English common law, however, the Sovereign could own these resources but the ownership was limited in nature, the Crown could not grant these properties to private owners if the effect was to interfere with the public interests in navigation or fishing. Resources that were suitable for these uses were deemed to be held in trust by the Crown for the benefit of the public Joseph L. Sax, Professor of Law, University of Michigan proponent of the Modern Public Trust Doctrine - in an erudite article "Public Trust Doctrine in natura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court in Illinois Central R.R. Company vs. Illinois 146 US 687 (1982). In the year 1869 the Illinois legislature made a substantial grant of submerged lands - a mile strip along the shores of Lake Michigan extending one mile out from the shoreline - to the Illinois Central Railroad. In 1873, the legislature changed its mind and repealed the 1869 grant. The State of Illinois sued to quit title. The court while accepting the stand of the State of Illinois' held that the title or the State in the land in dispute was a little different in character from that which the State held in lands intended for sails. It was different from the title which the United States held in public lands which were open to preemption and sale. It was a title held in trust - for the people of the State that they may enjoy the navigation of the water, carry on commerce over them, and have liberty of fishing their in free from obstruction or interference of private parties. The addiction of the general control of the State over lands in dispute was not consistent with the exercise of the trust which required the Government of the State to preserve such waters for the use of the public. According to Profe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a useful purpose as relatively undeveloped land, to the demands of private investors for building such a commercial facility. The court, faced with such a situation, could hardly have been expected to have treated the case as if it involved nothing but formal legal issues concerning the state's authority to change the use of the certain tract of land ..... would, like Illinois Central, was contented with the most overt sort of imposition on the public interest; commercial interests had obtained advantages which infringed directly on public uses and promoted private profits. But the Massachusetts court as also confronted a more pervasive, if more subtle, problem - that concerning projects which clearly have some public justification. Such cases arise when, for example, a highway department seeks to take a pace of parkland or to fill a wetland." 19.In Sacco vs. Development of Public Works 352 MASS 670, the Massachusetts Court restrained the Department of Public Works from filling a great pond as part of its plan to relocate part of State Highway. The Department purported to act under the legislative authority. The court found the statutory power inadequate and held as under:the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ins no fish but support a large population of brine shrimp which feed vast numbers of nesting and migrating birds. Islands in the take protect a large breeding colony of California guits, and the lake itself serves as a haven on the migration route for thousands of birds. Towers and spires of tura on the north and south shores are matters of geological interest and a tourist attraction. In 1940, the Division of Water Resources granted the Department of Water and Power of the city of Los Angeles a permit to appropriate virtually the entire flow of 4 of the 5 streams flowing into the lake. As a result of these diversions, the level of the lake dropped, the surface area diminished, the gulls were adbondoning the lake and the scenic beauty and the ecological values of the Mono Lake were imperiled. The plaintiffs environmentalist - using the public trust doctrine - filed a law suit against Los Angeles Water Diversions, the case eventually came to the California Supreme court, on a Federal Trial Judge's request for clarification of the States public trust doctrine. the Court explained the concept of public trust doctrine in the following words:- "By the law of nature these things a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ues is among the purposes of the public trust." The court summed up the powers of the state are trustee in the following words:- "Thus, the public trust is more than an affirmation of state power to use public property for public purposes. It is an affirmation of the duty of the state to protect the people's common heritage of streams, lakes, marshlands and tidelands, surrendering that right of protection only in rare cases when the abandonment of that right is consistent with the purposes of the trust...... The Supreme Court of California, inter alia, reached the following conclusion:- "The state has an affirmative duty to take the public trust into account in the planning and allocation of water resources, and to protect public trust uses whenever feasible. Just as the history of this state shows that appropriation may be necessary for efficient use of water despite unavoidable harm to public trust values, it demonstrates that an appropriative water rights system administered without consideration of the public trust may cause unnecessary and unjustified harm to trust interests. (See Johnson, 14 U.C.Davis LL. Rev.233, 230-257; Robie, Some Reflections on Environmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ludes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the sea- shore, running waters, airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership. 28.We are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open land sin their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasing complex society, find it necessary to encroach to some extent open lands heretofore considered in-violate to change. The resolution of this conflict in any given case is for the legislature and not the courts. If there is a law made by Parliament or the State Legislatures the courts can serve as an instrument of determining legislative intent in the exercise of its powers of judicial review under the Constitution. Bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is environmentally benign. "The Polluter Pays" principle has been held to be a sound principle by this Court in Indian Council for Enviro-Legal Action vs. Union of India JT 1996 (2) 196. The Court observed, "We are of the opinion that any principle evolved in this behalf should be simple, practical and suited to the conditions obtaining in this country". The Court ruled that "Once the activity carried on is hazardous or inherently dangerous, the person carrying on such activity is liable to make good the loss caused to any other person by his activity irrespective of the fact whether he took reasonable care while carrying on his activity. The rule is premised upon the very nature of the activity carried on". Consequently the polluting industries are "absolutely liable to compensate for the harm caused by them to villagers in the affected area, to the soil and to the underground water and hence, they are bound to take all necessary measures to remove sludge and other pollutants lying in the affected areas". The "Polluter Pays" principle as interpreted by this Court means that the absolute liability for harm to the environment extends not only to compensate the victims of poll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39; which Brundtland gave more than 3 decades back still holds good. The phrase covers the development that meets the needs of the present without compromising the ability of the future generation to meet their own needs. In Narmada Bachao Andolan v. Union of India & Ors. [(2000) 10 SCC 664], this Court observed that sustainable development means the type or extent of development that can take place and which can be sustained by nature/ecology with or without mitigation. In these matters, the required standard now is that the risk of harm to the environment or to human health is to be decided in public interest, according to a "reasonable person's " test. [See Chairman Barton : The Status of the Precautionary Principle in Australia : (Vol. 22) (1998) (Harv. Envtt. Law Review, p. 509 at p. 549-A) as in AP Pollution Control Board vs. Prof. M.V. Nayuder (Retd) & Ors. [(1999) 2 SCC 718]. 47.The mining operation is hazardous in nature. It impairs ecology and people's right of natural resources. The entire process of setting up and functioning of mining operation require utmost good faith and honesty on the part of the intending entrepreneur. For carrying on any mining activit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercise of the powers conferred by Section 13 of the MMRD Act. Chapter IV of these Rules relate to grant of mining leases in respect of land in which the minerals vest in the Government. Rule 22(4), inter alia, provides that on receipt of the communication from the State Government of the precise areas to be granted for mining purpose, the applicant shall submit a mining plan, within the period stipulated in the Rules, to the Central Government for its approval. The applicant, on approval of the mining plan by the Central Government, shall submit the same to the State Government to grant mining lease over that area. Rule 4A, inter alia, provides that notwithstanding anything contained in Sub- rule(4), the State Government shall be competent to approve mining plan of open cost mines (mines other than underground mines) in respect of now metallic or industrial minerals, named therein, one of it being Silica sand. The mining plan, as provided in sub-rule (5) of Rule 22, shall, inter alia, incorporate the mineral reserves of the area and the plan of area showing, inter alia, water courses, limit of reserves and other forest areas and density of trees, if any, assessment of impact of m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... possible precautions for the protection of environment and control of pollution while conducting mining operations in the area; shall, wherever top soil exists and is to be excavated for mining operations, remove it separately and utilize for restoration or rehabilitation of the land which is no longer required for mining operations. The holder is also required to take steps so that the overburden, waste rock, rejects and fines generated during prospecting and mining operations or tailings, slims and fines produced during sizing salting and benefication or metallurgical operations shall be stored in separate dumps which shall be properly secured to prevent escape of material therefrom in harmful quantities which may cause degradation of environment. Wherever possible, the waste rock, overburden etc. shall be back-filled into the mines excavation with a view to restoring the land for its original use as far as possible and wherever it is not feasible during mining operation, the waste dumps shall be suitably tarraced and stabilized through vegetation or otherwise. It is also required that the phased restoration, reclamation and rehabilitation of lands affected by mining operation sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. It was held that our legal system based on English common law includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of these resources. The State as a trustee is under a legal duty to protect these natural resources. Summing up the Court said : "We are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary to encroach to some extent upon open lands heretofore considered inviolate to change. The resolution of this conflict in any given case is for the legislature and not the courts. If there is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nimize pressure on existing forests. 2.2 The principal aim of Forest Policy must be to ensure environmental stability and maintenance of ecological balance including atmospheric equilibrium which are vital for sustenance of all life forms, human, animal and plant. The derivation of direct economic benefit must be subordinated to this principal aim." "79.... Moreover, any threat to the ecology can lead to violation of right of enjoyment of healthy life guaranteed under Article 21 which is required to be protected. The Constitution of India enjoins upon this Court a duty to protect environments." "85.Reference may also be made to report of the Planning Commission (Chapter IX) relating to forest environments in Tenth Five Year Plan (2002- 2007) which has taken note of the fact that sustainability is not an option but imperative since without it environmental deterioration and economic decline will be feeding each other leading to poverty, pollution, poor health, political upheaval and unrest. Environment cuts across all sectors of development. The rapid increase in green house gases in the atmosphere, land degradation, deteriorating conditions of fragile eco systems, defor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Frenchman told villagers of a prudent African solution of digging well, many villagers agreed but others argued that it will bring people from other villages and they would bring their cattle and that would increase the pressure on the already precious water. The Frenchman told the villagers that why not explain to them that the well is only for your own village and they can dig their own. It was then said that 'water is not only ours, but is gift of nature from God and must be shared.' Ultimately, they concluded that it was wiser not to dig the well at all. The moral of the story is that we are trustees of natural resources which belong to all including future generation as well. The public trust doctrine has to be used to protect the right of this as also future generation." (iv) Goa Foundation v. Union of India (UOI) and others (2014 6 SCC 590): "41. This Court in exercise of its power under Article 32 of the Constitution can direct the State to prohibit mining activities in an area adjacent to a National Park or a Wildlife Sanctuary for the purpose of protecting the flora, fauna and wildlife habitat of the National Park/Wildlife Sanctuary because these constitute p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the leakages and evasion of revenue will, to a large extent, be prevented." "66. We are of the considered opinion that it is for the State Government to decide as a matter of policy in what manner the leases of these mineral resources would be granted, but this decision has to be taken in accordance with the provisions of the MMDR Act and the Rules made thereunder and in consonance with the constitutional provisions and the decision taken by the State of Goa to grant a mining lease in a particular manner or to a particular party can be examined by way of judicial review by the Court. To quote the opinion of four Judges out of five Judges expressed by D.K. Jain J. in Natural Resources Allocation, In Re, Special Reference No.1 of 2012 (supra): "Alienation of natural resources is a policy decision, and the means adopted for the same are thus, executive prerogatives. However, when such a policy decision is not backed by a social or welfare purpose, and precious and scarce natural resources are alienated for commercial pursuits of profit maximising private entrepreneurs, adoption of means other than those that are competitive and maximise revenue may be arbitrary and face ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . If these illegal activities are not stopped by the State and the police authorities of the State, it will cause serious repercussions as mentioned hereinabove. It will not only change the river hydrology but also will deplete the ground water levels. (vi) Lafarge Umiam Mining Pvt. Ltd. V. Union of India (UOI) and others (2011 7 SCC 338): "19. Universal human dependence on the use of environmentalresources for the most basic needs renders it impossible to refrain from altering environment. As a result, environmental conflicts are ineradicable and environmental protection is always a matter of degree, inescapably requiring choices as to the appropriate level of environmental protection and the risks which are to be regulated. This aspect is recognized by the concept of "sustainable development". It is equally well-settled by the decision of this Court in the case of Narmada Bachao Andolan v. Union of India and Others [(2000) 10 SCC 664] that environment has different facets and care of the environment is an on-going process. These concepts rule out the formulation of across-the-board principle as it would depend on the facts of each case whether diversion in a given case should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported in (2011) 1 All ER 476 (paras 14 to 16)." (vii) M.C.Mehta v. Union of India (UOI) and others (2009 6 SCC 142): "7.....On account of extensive mining on a disproportionate scale without taking remedial measures has resulted irreversible changes in the environment at Aravalli. It is in the aforestated background that any mining activity came to be banned under Order dated 29/30.10.2002. Even as far back as 2002, the environmental problems in the Aravalli range in Gurgaon district came to be identified. Remedial measures including pollution control guidelines and action plan for various stakeholders came to be suggested by CMPDI. Though guidelines for mining operations came to be issued by the State Government, the compliance was not there. Moreover, there was no mechanism to upgrade the mining technologies to minimize the impact due to mining in the eco-sensitive zones. CMPDI also noticed that in the Aravalli Hills a large number of activities, operations of stone crushers and deforestation had caused environmental degradation even in 2002 which is clear from para 63 of the above judgment in M.C. Mehta case (supra) and the tragedy is that despite all warnings, the mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 were enacted to implement the decisions taken in United Nations Conference on Human Environment in 1972 at Stockholm. These environment and forests statutes interact with mining regulations under Mines and Minerals (Development and Regulation) Act, 1957; Mineral Concession Rules, 1960; Mineral Conservation and Development Rules, 1988. On account of depletion of the forest cover, we have the Forest (Conservation) Act, 1980, which was enacted to regulate the diversion of forest area for non-forest purposes. Similarly, under the EP Act, 1986 we have several notifications, including Environment Impact Assessment Notification 1994. At the same time, mining comes under the purview of large number of mining statutes which are required to be implemented inter alia by State Forest Departments, State Pollution Control Boards, Forest Advisory Committee(s), MoEF etc. The grant of mining leases (major and minor minerals both, including quarry leases, quarry permits, short term permits etc.) inside forest areas coming under the purview of Section 2(ii) of Forest (Conservation) Act, 1980. Itapplies to mining leases. It is important to note that in order to operate mining inside the forest area, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It may be noted that there are two steps to be taken in the method of reclamation, namely, technical reclamation and biological reclamation. The most important aspect of the above guideline is making of a Rehabilitation Plan. Conclusion: 21. None of the above provisions have been complied with. In the circumstance, by the present order, we hereby suspend all mining operations in the Aravalli Hill Range falling in the State of Haryana within the area of approximately 448 sq. kms. in the Districts of Faridabad and Gurgaon including Mewat till Reclamation Plan duly certified by State of Haryana, MoEF and CEC is prepared in accordance with the above statutory provisions contained in various enactments enumerated above as well as in terms of the Rules framed thereunder and the Guidelines. The said Plan shall state what steps are needed to be taken to rehabilitate (including reclamation) followed by Status Reports on steps taken by the Authorities pursuant to the said Plan." (viii) Association For Environment Protection Versus State Of Kerala, AIR 2013 SC 2500: "4. Although, the Constitution of India, which was enforced on 26.1.1950 did not contain any express provision for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o protect the natural resources. These resources meant for public use cannot be converted into private ownership. We are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary to encroach to some extent upon open lands heretofore considered inviolate to change. The resolution of this conflict in any given case is for the legislature and not the courts. If there is a law made by Parliament or the State Legislatures the courts can serve as an instrument of determining legislative intent in the exercise of its powers of judicial review under the Constitution. But in the absence of any legislation, the executive acting under the doctrine of public trust cannot abdicate the natural resources and convert them into private ownership, or for commercial use. The aesthetic use and the pristine glory of the natural resources, the environment and the ecosystems of our country cannot be permi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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