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TMI Blog2004 (3) TMI 817X X X X Extracts X X X X X X X X Extracts X X X X ..... ohit Chaudhary, Shalini Gupta, S. Udaya Kumar Sagar, Bina Madhavan, Prasanth P., R.C. Verma, Mukesh Verma, Manish Shanker, S.K. Dubey, A.K. Yadav, K.V. Mohan, Mohan Pandey, R.S. Suri, Vijay Panjwani, Indra Sawhney, Bharat Sangal, C.D. Singh, V.B. Saharya, Mahabir Singh, Shiv Pujan Singh, J.P. Dhanda, S.K. Sabharwal, Neeraj Kumar Sharma and A.D.N. Rao, Advs. and Party-in-Person, Raju Ramachandran, Additional Solicitor General and Neeraj Kumar Jain, Adv. for Kavita Wadia, Adv. for the appearing parties JUDGMENT Y.K. Sabharwal, J. 1. The main question to be examined in these matters is whether the mining activity in area upto 5 kilometers from the Delhi-Haryana border on the Haryana side of the ridge and also in the Aravalli hills causes environment degradation and what directions are required to be issued. The background in which the question has come up for consideration may first be noticed. 2. The Haryana Pollution Control Board (HPCB) was directed by orders of this Court dated 20th November, 1995 to inspect and ascertain the impact of mining operation on the Badkal Lake and Surajkund - ecologically sensitive area falling within the State of Haryana. In the report that was su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclude land rejuvenation and afforestation programmes, and other measures necessary to protect the quality of the environment and human health. The mining operations should commence only after the approval of EMP by a designated authority. A time-bound action plan needs to be initiated for the implementation of the measures delineated in the Environmental Management Plans. (11) &(12)... (13) The question of lifting the ban on mining operations needs to be considered in conjunction with the implementation of stringent pollution control; land reclamation, green belt, and other Environmental Management measures so as to facilitate the availability of construction materials and employment opportunities for the workers along with the protection of environment and public health. (14) It is considered necessary to prepare a Regional Environmental Management Plan for urgent implementation to enable eco-friendly regional development in the area." 5. On consideration of the reports, this Court came to the conclusion that the mining activities in the vicinity of tourist resorts are bound to cast serious impact on the local ecology. The mining brings extensive alteration in the natural ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment and protecting the Asola Bhatti Wildlife Sanctuary and the ridge located in Delhi and adjoining Haryana, it is necessary to stop mining. In the application, it has been averred that the Asola Bhatti Wildlife Sanctuary is located on the southern ridge which is one of the oldest mountain ranges of the world and represents the biogeographically outer layer of the Aravalli mountain range which is one of the most protected areas in the country. The sanctuary is significant as it is instrumental in protecting the green lung of National Capital of Delhi and acts as a carbon sink for the industrial and vehicular emissions of the country's capital which is witnessing rapid growth in its pollution level each year. The ridge, it is averred, is a potential shelter belt against advancing desertification and has been notified a wildlife sanctuary and reserve forest by the Government of National Capital Territory of Delhi. Regarding the mining activities, it is averred that for extraction of Badarpur (Silica sand), there is large scale mining activity on the Haryana side just adjacent to the wildlife sanctuary of the ridge which activities threaten the sanctuaries habitat and also pumpi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wer to deal with environment issues pertaining to National Capital Region which may be referred to it by the Central Government. The EPCA has jurisdiction over the National Capital Region as defined in Clause (f) of Section 2 of the National Capital Region Planning Board Act, 1985. The Districts of Gurgaon and Faridabad are part of the National Capital Region, under Section 2(f) read with the Schedule of the said Act. 12. The Chairman of the CPCB is a convener member of EPCA. EPCA made a surprise visit to the area to see the mining sites. The mining sites visited are located in the villages of Anangpur, Pali, Mohabatabad and Mangar, which fall within the notified area of 5 km radius from the Delhi border in the Faridabad district. EPCA also visited mining sites that are located outside the notified zone in Kot area, EPCA also held consultation with the officials of the Central Groundwater Board and obtained their opinion on this matter. On August 7, 2002, members of the EPCA visited the mining sites located within five km radius from Delhi border. The objectives of the visit, as per EPCA, were as follows: 1. Assessment of the level of compliance with the conditions laid down in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over hills and let the water flow out. This is a grave misuse of precious ground water in an area where ground water is the only source of water for the local population - both urban and rural. EPCA members talked to local villagers who complained that water table in the area has gone down over a period of time and that the village is facing water shortage. While earlier ground water could be tracked at the depth of 30-35 ft. now deep bore wells have been dug to get drinking water, in addition, noise and dust pollution from the mining sites are a problem. Goodwill mine in Pali village : EPCA found similar violation of conditions and evidence of mining sites reaching the level of ground water in deep pits and pipes fitted to drain out water here as well. During the long drive to various mining sites, EPCA could not see any credible sign of green belt along the roads. Moreover, one important condition of NOCs is that "a safe distance should be maintained from the road to overburden dumps and the mine pits in accordance with the directions/notifications of the department of environment, Haryana and bureau of mines." But EPCA noticed mining sites very close to the roads and also ve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts have been made by different agencies to ensure compliance. In May 1992, parts of the Aravalli range were declared ecologically sensitive under the Environment (Protection) Act. Under this notification, certain activities - including all new mining operations, including renewals of mining leases - are restricted and permission has to be sought from the Ministry of Environment and Forests. This notification is valid for reserved forests in the districts of Gurgaon in Haryana and Alwar in Rajasthan In August 1992, the Forest Department of Haryana had issued a notification under the Punjab Land Preservation Act 1900, banning the clearing and breaking up the land not under cultivation, quarrying of stone... in the Badkal area without prior permission of the forest department. This ban was for 30 years. Earlier it had already issued a similar notification for the Pali area for 25 years. In 1996, the Hon'ble Supreme Court banned all mining activity within 2 kms of the Badkal and Surajkund tourist resorts. In the same order, it ordered that mining leases within the area from 2 km to 5 km radius shall not be renewed without obtaining no-objection certificates from the Haryan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ea around stone crusher zone with green belt Not done 4. Green belt on either side side of the road between Surajkund and Radkal We saw large scale Construction on this road from schools to management colleges and housing colonies. 5 . Mining should commence only after the environmental management plan (EMP) is approved by a designated authority There is no evidence of an environmental management plan being adhered to in this region. Adherence to the conditions of the No-objection Certificate granted by CPCB for mining S. No. Directive Enforced or not 1. Mining to be done with approved mining plan No evidence 2. Excavated pit to be filled by fly ash or municipal solid waste in the bottom layers. Over burden should be used in the middle layer . Top soil on top layer and afforestation. layer and afforestation EPCA saw no evidence that this recommendation had even been attempted to be followed. All abandoned mines were left open arid degraded. The entire region was pockmarked with deep holes and overburdens 3. No discharge of effluent or groundwater outside lease premises. Must take measures for rainwater harvesting and reuse of water so as not to affect the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impact on the groundwater reserves due to mining, the Board has found that its observation wells have shown an increase in groundwater levels in Anangpur, Mangar, after the mining has been stopped in May. therefore in spite of monsoon failure and continued abstraction of water, the observation wells have noted increased water levels within just 2 months of the mining being closed. The groundwater levels in a tube well monitored in Mewla Maharajpur during mid July and first week of August showed a rise of 0.18 metres, A higher rise - 0.71 to 0.78 metres was observed in the two tube wells near the Mangar mines and Pali mines in the two months since the mines were closed. This clearly points to the impact of mining on groundwater reserves. This fact was also confirmed in the interviews done by EPCA at site. 3. CGWB also notes that contrary to what has been claimed, the mined water is not being pumped into abandoned pits to recharge the groundwater. Instead the groundwater pumped is discharged into the surrounding nalas, leading to "wastage" of groundwater. For instance, in the case of Anangpur mines, the water was pumped into the Bhuria Nala and in the case of Pali, the gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erve ground water in the region, for long term sustainability of drinking water sources. Ground water is the only source of drinking water here." 15. On the basis of study and visit as well as the report of the Central Ground Water Board, EPCA made the following recommendations : "1. The ban on the mining activities and pumping of ground water in and from an area upto 5 kms. from the Delhi-Haryana border in the Haryana side of the ridge and also in the Aravalli Hill must be maintained. 2. Not only must further degradation be halted but, all efforts must be made to ensure that the local economy is rejuvenated, with the use of plantations and local water harvesting based opportunities. It is indeed sad to note the plight of people living in these hills who are caught between losing their water dependent livelihood and between losing their only desperate livelihood to break stones in the quarries. It is essential that the Government of Haryana seriously implements programmes to enhance the land based livelihood of people -- agriculture, animal care and forestry. Local people must not be thrown into making false choices, which may secure their present but will destroy their future ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake care of this requirement. 7. EPCA would also recommend that the mining area outside the 5 kms. area must be demarcated and regulated. In this context, EPCA would like to draw the attention of the court to the violations and gross disregard for regulations found in the present mines. It is not out of place to mention that these mines are owned by very powerful and highly placed individuals in the establishment. In a related case the High Court of Punjab and Haryana has directed on 20.4.2001 a CBI ENQUIRY on the basis of a public interest litigation filed by a journalist. In its order the Hon'ble Court maintained that its examination has found evidence that illegal mining operations are going on in the area. The Hon'ble Court also noted the bias of the State Government to shield the offenders and has said that because there is prima facie evidence of the involvement of a 'person who holds the high position of the cabinet minister in the state', the enquiry should be done by CBI. This enquiry is still ongoing. During the examination of the case, EPCA Was told of other persons involved in the mining activity who are highly influential and part of the ruling poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... water from deep mines. The ground water levels in a tube well monitored in Mewla Maharajpur during mid July 2002 and first week of August 2002 were 24.39 and 24.57 m. below ground level respectively, showing a rise of 0.18 m. Ground water levels in tube well located at female near Manger mine in second week of July 2002 and first week of August, 2002 were 51.70 and 49.99. m. below ground level respectively showing a rise of 0.71 m. Similarly, ground water level in a tube well at Indernagar in Delhi area near Pali mine in third week of June 2002 and first week of August 2002 were 59.68 and 58.90 m. below ground level respectively showing a rise of 0.78 m. The stoppage of dewatering of mines has resulted in rise of ground water levels in surrounding areas. 4. It has been observed that drainage pattern of the area has been modified due to haphazard mining and dumping of waste material which has bearing on natural path of ground water flow in the area. 5. It is claimed that abandoned pits act as recharge pits and in some cases the pumped ground water is put in these pits so there may not be substantial modification in the conditions of ground water regime. All the ground water pum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted to associate such other organizations or persons as it may deem fit and proper for the purpose of inspection. EPCA 2nd Report and Recommendations 18. In terms of the aforesaid order, 26 mines were inspected and report dated 21st October, 2002 was submitted. The observations made as a request of inspection in regard to each mine are as follows : "The numbers indicated in parenthesis are serial number of mines given in the list of mines furnished by Kailash Vasudev, senior advocate to the Hon'ble Supreme Court that was forwarded to EPCA. 1. (No. 9) Name of Mine/Area : New Anangpur Silica Sand Mines M/s S.P. Sethi, Location : Village New Anangpur, Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 186.52 hec. Mineral Extracted : Silica Sand Mines Status of Mining : Above groundwater level Whether groundwater is extracted : No. Status of environmental clearances : No clearance given. No environmental management plan. This mine is located very close to the Delhi border (in close proximity to the Asola sanctuary). EPCA members were shown two pits, which were not being worked currently. There was no groundwater exploitation see ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ine/Area: Mewla maharajpur Silica sand mines, M/s K.C. Ahuja & Co. Location: Village Mewla Maharajpur Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 162.905 hec. Mineral Extracted : Silica sand, China clay, ordinary sand, stone road material (RM) and masonry stone (MS) Status : surface mining from the rocks Whether ground water is extracted : No. Status of environmental clearances: No clearance given. No environmental management plan. One pit seen, Mostly stone being quarried. Some water seen. No evidence of tree plantation seen in the area. But mine pits are a joining road. 6. (19) Name of Mine/Area: M/s. Ramkrishna Purni Devi. Location: Village Badkal Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 369.4 hec. (Of this 121 hec. Falls within 2 km of Badkal Tourist Complex where mining has been banned) Mineral Extracted : Silica sand, ordinary sand, road metal, masonry stone and minor mineral Status: mining above groundwater table Whether ground water is extracted : No. Status of environmental clearances: No clearance given. No environmental management plan. EPCA members saw one pit lo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Land on lease/Actual area under mining activity: 296 hec. Mineral Extracted : Silica sand, ordinary sand, road metal and masonry stone. Status: Below groundwater table Whether ground water is extracted : Yes. Status of environmental clearances: No clearance given. No environmental management plan. Deep mining pits with large water bodies could be seen. The mine is also contiguous to the other mines so the amount of water that is being exploited is massive and uncontrolled. Huge amounts of overburden were also seen in the area. In this mine some efforts have been made to create plantations and the trees, unlike those seen in other areas, were more mature. This mine is adjoining the main bypass of Faridabad-Gurgaon, which is being tendered for a four-lane highway. 11. (22) Name of Mine/Area: M/s. Maruti Minerals. Location: Plot No. 1 Village Manger, Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 63.225 hec. Mineral Extracted : Silica sand, China clay, ordinary sand, road metal and masonry stone. Status: above groundwater. Whether ground water is extracted : No. Status of environmental clearances: clearance given. No environ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... water collection. But at a distance seen another pit with large amount of groundwater collected. This mine is being worked and clearly water must have been pumped from the mine. Deep pits seen. But mine is near Delhi bypass of Faridabad-Gurgaon road. 15. (10) Name of Mine/Area: M/s. Faridabad Gurgaon Minerals. Location: Plot No. 5 Village Manger, Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 33,0375 hec. Mineral Extracted : Ordinary sand, road metal and masonry stone Status: Below groundwater table Whether ground water is extracted : Yes. Status of environmental clearances: No clearance given. No environmental management plan. Exposed groundwater could be seen. This mine was also been worked. Deep pits seen in this mine. 16. (24) Name of Mine/Area: M/s. Patram Mines and Minerals Pvt. Ltd. Location: Plot No. 11, Village Manger, Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 126.75 hec. Mineral Extracted : Silica sand and stone Status: Above groundwater table. Whether ground water is extracted : No. Status of environmental clearances: No clearance given. No environmental management pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter levels. 21. (6) Name of Mine/Area: Mohabatabad Silica sand mines, M/s. P.K. Sethi Location: Village Mohtabad, Distt. Faridabad. Total Area of Land on lease/Actual area under mining activity: 399.59 hec. Mineral Extracted : Sand, china clay, stone (road metal and masonry) Status: Above groundwater table Whether ground water is extracted : No. Status of environmental clearances: No clearance given. No environmental management plan. Shown pit where stone is being quarried. But area with lessee is very large over -- almost 400 hec. --and no idea if other mines in the area have reached water level as yet. 22. (14) Name of Mine/Area: M/s. Tejvir Singh and Co. Location: Village Bandhwari, Distt. Gurgaon. Total Area of Land on lease/Actual area under mining activity: 91.20 hec. Mineral Extracted : Silica Sand, Ord. Sand, china clay, quartz & stone mine. Status: Above groundwater table Whether ground water is extracted : No. Status of environmental clearances: Clearance given. No environmental management plan. Stone quarry. Very recent lease granted and clearance has only been done in April 2002. Large seemingly abandoned, pits seen on road. Labourer co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e report states that: "The key issue to examine is the impact of mining on the ground water regime in the region. It is evident from the inspection done by EPCA that ground water reserves are being exploited and destroyed, it must be stressed that it is not a matter of individual mines reaching ground water levels or not, the issue to examine is the water regime of the entire area." 20. The report further states that "during its inspection to the mines, Kartar Singh Badana, Minister of Cooperatives in the State and also a mine owner told EPCA members that the impact of ground water abstraction is minimal. He maintained that the miners were harvesting the water and not allowing it to flow to the Yamuna, where it would be lost to the State, A perusal of the reports of the ground water regime shows that this contention cannot be upheld." 21. It is also stated in the report that "the geology and geomorphology of the area comprises oldest exposed litho logy with upland units. The rock type is mainly quartzite and these rise 150-200 metres above ground level in the quartzite's the ground water aquifers occur in the weathered zones and interspaces within interconnected joints and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted that the mineral rights of the mines vests with the State Government....The surface rights of villages Badkhal, Pali, Gothra, Mohabtabad, Anangpur, Mewla Maharajpur are with municipal corporation, Faridabad, and Manager revenue estate are with gram panchayat.' 26. Sensitivity of this region is further accentuated by its close proximity to the reserved forests of Asola sanctuary located at the border of Delhi and Haryana and other ecologically sensitive areas like Surajkund and Badkhal lake. 27. Even in Gurgaon, the CGWB report indicates that the ground water scenario is grim. According to CGWB, the 'ground water development of Gurgaon block is 124 per cent, indicating that the entire block in which Gurgaon town is situated is over exploited.' The ground water levels are also falling dangerously according to the report of CGWB which recommends strict regulatory measures for ground water use. 28. The EPCA, white reaffirming the recommendations that had been made in its earlier report dated 9th August, 2002, made the following recommendations: "The overall assessment of the environmental impact of the mining activities in the area especially its implication for g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sure of mining activity and for making the order dated 6th May, 2002 absolute by prohibiting all mining activities and pumping of ground water in and from an area upto 5 kms. from Delhi-Haryana Border in the Haryana side of the Ridge and also in the Aravalli Hills. Notifications Regarding Mining on Aravalli Hills 30. The notification dated 7th May, 1992 issued by the Ministry of Environment and Forest, Government of India under Section 3(2)(v) of the EP Act read with Rule 5 of the Rules made under the said Act has considerable bearing on the aspect of mining in Aravalli Hills. The notification, inter alia, bans all new mining operations including renewals of mining leases and sets out the procedure for taking prior permission before undertaking such an activity. The notification, in so far as material for the present purposes, reads : "S.O.319(E) - Whereas a Notification under Section 3(1) and Section 3(2)(v) of the Environment (Protection) Act, 1986 (29 of 1986) inviting objections against restricting certain activities in specified area of Aravalli Range which are pausing Environmental Degradation in the Region was published in the Gazette of India Part II-Section 3 Sub-secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nistry of Environment and Forests, Paryavaran Bhavan, CGO Complex, Lodi Road, New Delhi. XXX XXXX XXXX 3.(b)(ii) Exorability classification of the proposed land. 5.(a) Water balance at site surface and ground water availability and demand. XXX XXX XXX 12.(a) Environmental Impact Assessment Report: (b) Environmental Management Plan : prepared as per Guidelines of MEF issued from time to time. (c) Detailed Feasibility Report. (d) Proposal for diversion of forest land under Forest (Conservation) Act, 1980 including benefit cost analysis. 13. Recommendations of the State Pollution Control Board and/or the State Department of Environment and Forests." 31. The aforesaid notification, restricting mining activities in Aravalli range is relevant for mining operation in Gurgaon district wherein part of Aravalli hills range exist. 32. The powers vested in the Central Government in terms of the aforesaid notification dated 7th May, 1992 wore delegated to the State Governments concerned; namely, Rajasthan and Haryana by issue of notification dated November 29, 1999 by the Central Government, Ministry of Environment and Forest. The said notification reads thus: MINISTRY OF E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y person desirous of undertaking any of the activities mentioned in the Notification No. 319(E)dated 7th May, 1992 shall submit an application to the Secretary, Department of Environment of the Government of Haryana/Rajasthan, as the case may be. The applicant shall also furnish environment impact statement and an environment management plan and such other information as may be prescribed by such State Governments. The application after due scrutiny shall be placed before the Expert Committee for its recommendations. Based on the recommendations of the Expert Committee, the Department of Environment in the State Government concerned shall take a final decision and convey the same to the applicant within three months from the date of receipt of application or when further information has been asked for from the applicant within three months from the date of receipt of such information. 4. The Ministry of Environment and Forests retains appellate power against rejection of any proposal and the National Environmental Appellate Authority constituted under the National Environment Appellate Authority Act, 1997 (22 of 1997) shall continue as an Appellate Authority against approval." 33 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eas all objections received have been duly considered; Now, therefore, in exercise of the powers conferred by Sub-section (1) and Clause (v) of Sub-section (2) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with Clause (d) of Sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby directs that on and from the date of publication of this notification in the Official Gazette expansion or modernization of any activity (if pollution load is to exceed the existing one) or a new project listed in Schedule I of this notification shall not be undertaken in any part of India unless it has been accorded environmental clearance by the Central Government in accordance with the procedure hereinafter specified in this notification. 2. Requirements and procedure for seeking environmental clearance of projects: 1.(a) Any person who desires to undertake any new project or the expansion or modernization of any existing industry or project listed in Schedule I shall submit an application to the Secretary, Ministry of Environment and Forests, New Delhi. The application shall be made in the proforma specified in Schedule II of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ports, the recommendation and the conditions, subject to which environmental clearance is given, shall be made available subject to the public interest to the concerned parties or environmental groups on request. Comments of the public may be solicited, if so decided by Impact Assessment Agency, within thirty days of receipt of proposal, in public hearings arranged for the purpose after giving thirty days notice of such hearings in at least two newspapers. Public shall be provided access, subject to the public interest, to the summary of the reports/Environmental Management Plans at the Headquarters of the Impact Assessment Agency. The assessment shall be completed within a period of ninety days from receipt of the requisite documents and data from the project authorities and completion of public hearing where required, and decision conveyed within thirty days thereafter. The clearance granted shall be valid for a period of five years for commencement of the construction or operation. No construction work preliminary or otherwise, relating to the setting up of the project may be undertaken till the environmental and/or site clearance is obtained. IV. In order to enable th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ix) Environmental Health (x) Subject Area Specialists. (xi) Representatives of NGOs/Persons Concerned With Environmental Issues. 2. The Chairman will be an outstanding and experienced ecologist or environmentalist or technical professional with wide managerial experience. 3. The representative of IAA will act as Member-Secretary. 4. Chairman and members will serve in their individual capacities except those specifically nominated as representatives. 5. The membership of a Committee shall not exceed 15. EXPLANATORY NOTE REGARDS THE IMPACT ASSESSMENT NOTIFICATION DATED 27TH JANUARY, 1994 1 to 3. 4. Public Hearing Public hearings could be called for in case of projects involving large displacement or having severe environmental ramifications. 5 to 7. ... 8. Exemption for projects already initiated For projects listed in Schedule-I to the notification in respect of which the required land has been acquired and all relevant clearances of the State Government including NOC from the respective State Pollution Control Boards have been obtained before 27th January, 1994, a project proponent will not be required to seek environmental clearance from the IAA. However, those ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no applicability to the mining activity. Central Empowered Committee (CEO) - its Suggestions 38. The notification dated 27th January, 1994 is mandatory. The compliance of the notification before commencement of any mining operation is essential and cannot be dispensed with. The MOEF has not so far conducted Environment impact Assessment in respect of any of the mining lease under the notification dated 27th January, 1994. 39. Before the order dated 6th May, 2002 was passed, the lease holders had not made any application before the Ministry for grant of EIA. The applications were filed during the pendency of these matters under the order of this Court. The EIA applications of the lease holders are lying with CEC. CEC was constituted in terms of notification dated 17th September, 2002, issued by the Government of India, Ministry of Environment and Forest in exercise of power conferred by Section 3(3) of the EP Act for the purposes of monitoring and ensuring compliance of the order of this Court covering the subject matter of forest and wildlife and related issues arising out of the said order and one of the functions of the Committee in terms of the notification is to monitor the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mining (bench mining) the mining operations are carried on unscientifically with the sole aim to make maximum profits which has resulted in number of fatal accidents involving labourers, hazards to the adjoining population, indiscriminate scattering of the over burden, wasteful manner of mining with complete disregard to mineral conservation aspect, rendering reclamation of mined area impossible. Further it points out that several mining leases have been granted in areas where plantations were undertaken with the financial assistance provided by international donor agencies. Mining activities are permitted in a manner which is destroying the ground water table and also the deep aquifers thereby causing irreparable damage to the critical ground water reserves. There is no effective mechanism to ensure compliance of various conditions stipulated while granting statutory approvals. No deterrent action was taken against mines even in those cases where during monitoring serious violations and non compliance of conditions were found. The CEC has made the following suggestions : "i) For major mineral mines above 5 hectare in Faridabad district, mining activity may be allowed to be unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g activity may be allowed without obtaining 'No Objection Certificate' from the Central Groundwater Board to ensure that the water table and the underground aquifers are not adversely affected; x) before allowing resumption of mining activity in any approved mining lease, the status of compliance of the conditions of the approved Mining Plans, approved Environmental Management Plans, environmental clearances and other statutory conditions/clearances may be ascertained. Suitable and adequate compensation/penalty for non-compliance of stipulations may be recovered, otherwise such stipulations would remain only on paper; xi) in respect of forest area, including areas notified under Section 4 and 5, net present value of the land leased out for mining may be recovered as per the Hon'ble Supreme Court order dated 30.10.2002 in I.A. No. 566 in Writ Petition (Civil) No. 202/95 (forest matter); xii) a suitable system of securing adequate bank guarantee, bank deposit or other personal guarantee from the mine owner may be worked out to ensure compliance of all statutory and other conditions; xiii) after considering the annual approved rate of mining and mineral deposits in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Plan; e. observance of mines safety Rules and Regulations; f. damage to the plantations raised under externally aided projects (foreign funding); g. damage if any to the water table/underground aquifers ; and h. compliance of environmental clearance stipulations; The Inspection Team(s) may submit the reports to the State Government and the Ministry of Environment & Forest (MOEF) with copies to the Central Empowered Committee (CEC) for their comments and for carrying out verification, if found necessary. (iii) suitable penalties for non-compliance/violation of various conditions as found by the above Inspection Team(s) or by the CEC may be imposed. Norms for quantifying the penalties for violation of various conditions may be formulated by the State Government with the concurrence of the CEC. No mine may be allowed to resume mining activity without first paying the penalty imposed on it. (iv) mining activity may completely be prohibited in area where plantations have been undertaken with the foreign assistance/funding (externally aided projects). Mining leases already granted/approved in all such areas may be cancelled; (v) year wise requirement of funds for imple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l laws and non-compliance of the statutory norms. This Court has repeatedly said that the right to live is a fundamental right under Article 21 of the Constitution and it includes the right to enjoyment of pollution-free water and air for full enjoyment of life. (See Subhash Kumar v. State of Bihar [1991]1SCR5 ). 46. Further, by 42nd Constitutional Amendment. Article 48A was inserted in the Constitution in Part IV stipulating that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Article 51A, inter alia, provides that it shall be the duty of every citizen of India to protect and improve the natural environment including forest, lakes, rivers and wildlife and to have compassion for living creatures. Article 47 which provides that it shall be the duty of the State to raise the level of nutrition and the standard of living and to improve public health is also relevant in this connection. The most vital necessities, namely, air, water and soil, having regard to right of life under Article 21 cannot be permitted to be misused and polluted so as to reduce the quality of life of others. Having regard to the right of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestioned, the regulatory authorities have to show that the said authorities acted in the manner enjoined upon them. Where the regulatory authorities, either connive or act negligently by not taking prompt action to prevent, avoid or control the damage to environment, natural resources and peoples' life, health and property, the principles of accountability for restoration and compensation have to be applied. 48. The development and the protection of environments are not enemies, if without degrading the environment or minimising adverse effects thereupon by applying stringent safeguards, it is possible to carry on development activity applying the principles of sustainable development, in that eventuality, the development has to go on because one cannot lose sight of the need for development of industries, irrigation resources and power projects etc. including the need to improve employment opportunities and the generation of revenue. A balance has to be struck. We may note that to stall fast the depletion of forest, series of orders have been passed by this Court in T.N. Godavarman's case regulating the felling of trees in all the forests in the country. Principle 15 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning lease. Section 18, inter alia, casts a duty upon the Central Government to take all such steps as may be necessary for the conservation and systematic development of minerals in India and for the protection of environment by preventing or controlling any pollution which may be caused by mining operations and for such purposes, the Central Government may, by notification in the official gazette, mate such rules as it thinks fit. 51. The Mineral Concession Rules, 1960 have been framed by the Central Government in exercise of the powers conferred by Section 13 of the MMRD Act, Chapter IV of these Rules relate to crane 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the mining plan by Government of India, Ministry of Mines would not absolve the lease holder from complying with the other provisions. 53. Rules 31 to 41 contained in Chapter V of the Mineral Conservation and Development Rules, 1983 framed under Section 18 of the MMRD Act deal with the measures required to be taken by the lessee for the protection of environment from any adverse effect of mining or irreversible consequences thereof. These Rules, inter alia, provide that every holder of a mining lease shall take all 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 beneficiation or metallurgical operations shall be stored in separate dumps which shall be properly secured to prevent escape of m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orests as revenue earning resource. The basic objectives of the policy, inter alia, are maintenance of environment stability through preservation and, where necessary, restoration of the ecological balance that has been adversely disturbed by serious depletion of the forests of the country and checking the soil erosion and water conservation and increasing substantially the forest/tree cover through massive afforestation and social forestry, programmes. It provides that the National goal should be to have a minimum of 1/3rd of the total and area of the country under forest or tree cover. In the hills and in mountains regions, the aim should be to maintain 2/3rd of the area under such cover in order to prevent erosion and land degradation and to ensure the stability of the fragile eco-system. It also provides that a massive need based end time bound programme of afforestation and tree planting, with particular emphasis on fuel wood and fodder development, on all degraded and denuded lands in the country, whether forest or non-forest land, is a national imperative. Mining in Forest Area 56. The question of permitting mining in the area where large scale of afforestation with foreig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st Report, 1999 issued by Forest Survey of India in relation to Haryana. It, inter alia, provides that large scale plantations were carried out under, Aravalli project since 1992. The document claims increase of the forest cover in the State as a result of plantation under the Aravalli project. It, inter alia, mentions that forest cover increase in Gurgaon and Faridabad is mainly due to plantation raised under the Aravalli project which was started in early 1990s. in these matters, neither the State nor the leaseholders can be permitted to turn round and now take a stand that the areas covered under the Aravalli project is not forest. The National Forestry Action Programme of December 2000 issued by the Ministry of Environment and Forest, Government giving project profile also makes detailed reference to the institution building and integrated national resource development in the Aravalli region, Haryana under the project implementing agency of Forest Department, Government of Haryana. The project profile, inter alia, states that the Central to such a policy is rehabilitation of common lands to meet the needs of the rural poor and to reduce soil and water erosion and the proposed p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Central Pollution Control Board to conduct a study of environmental problems of Aravalli hills and preparation of action plan for restoration of environmental quality in Gurgaon district, after extensive examination, has submitted to CPCB its final report in July 2003. CMPDI is a subsidiary of Coal India LIMITED (Government of India Enterprise). The report in respect of Aravalli range in Gurgaon district has been prepared by CMPDI with the following objectives. 1. To prepare status report of the pollution problems in the Aravalli Hills. 2. To prepare environmental management plan to abate various environmental problems. 3. To prepare action plan the restoration of environmental quality. 61. The environmental problems in the Aravalli Range in Gurgaon district have been identified and remedial measures including the pollution control guidelines and action plan for various stakeholders have been suggested by CMPDI. It has been noticed that in large scale mining projects what is still required is a proposal on district level as to what will be mined, how it will be mined and with what method and many such areas of environmental concern which had not been adequately add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ogical restoration of Aravalli Hills in the district. The master plan should indicate the proposed eco-restoration plan to compensate the environmental degradation by the proposed activities in the master plan. Rehabilitation programmes for the abandoned mines areas either to convert these to water reservoirs and eco-parks or reclamation by filling by rural waste, urban waste or fly ash. The master plan should be detailed to show the areas where overburden could be dumped, areas where waste material could be stocked, areas where plantation could be carried out, etc.etc. The planning should, inter alia, include environmental impact and concerns of activities of one sector on the other sectors in the district, e.g., afforestation should be planned not only with a view to increase vegetation on the hills but also to be supplement for fuel, fodder etc. in the district. All efforts should be made to preserve the ground water resources. Water shed management and rainwater harvesting to be implemented in the Aravalli hills regions on war footing. In the areas where mining deeper than the ground water label of the area is to be carried out, adequate provision of pollution control and consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due consideration should also be given to protect the chain. All the developmental activities should, therefore, be planned in a coherent manner and there should be integrated approach for sustainable development. 63. CMPDI has noticed that in the Aravalli Hills, a large number of activities, operations of stone crushers and deforestation besides other activities are causing environmental degradation. These mines are usually located in the clusters in remote mineral rich districts/areas where living standards is tower and understanding of people towards environmental impact is also poor. In the past, the mine operators took no note of environmental damage. In fact, they were not even conscious about it. The attitude of mining community is to ignore the environmental concerns. In majority of the cases, the environmental concerns are ignored for making quick profits the small mines (less than 5 hectares) and the mining of minor minerals which are no doubt small individually but have damaging characteristics when in clusters, e.g. the mines of granite, marble, slates, quartzite etc. (falling under minor minerals) are no less damaging than the others, especially when the processing i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , noise level, overburden etc. have been noticed and it has been pointed out that the opening of new projects will further affect some of the environmental attributes. 68. The report notices that the environmental degradation has taken place due to mining activities. The existing crusher units are also not functioning on the environmental sound systems. The situation warrants closer look on various components of the systems affecting the environmental attributes in the area, devising pragmatic approaches to facilitate eco-restoration of the Aravalli hills and offering broad framework to the industrial units to function under environmentally sustainable framework. The suggestions also include the enactment of rules for grant of mine leases to levy a separate charge for dump removal, ecological restoration in the area, the technology to be used for mining operations and post mining land use and mine decommissioning. As far as environmental protection in the Aravalli hills is concerned, planning and provisions must start from the stage of grant of mine lease and what all it should include have been set out. It has been, inter alia, suggested that the environmental framework shall inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ine operations and also the suggestions of MOEF to permit mining subject to the mine lease holders, undertaking to comply with such conditions which remain to be complied, but, having regard to the enormous degradation of the environment, in our view, the safer and the proper course is to first constitute a Monitoring Committee, get a report from it and only thereafter consider, on individual mine to mine basis, lifting of ban imposed in terms of order dated 6th May, 2002. Before concluding this aspect, we may note that assuming there was any ambiguity about the applicability of order dated 6th May, 2002 to mining in Aravalli Range, it is clarified that the said order would be applicable in all the (SIC) hill range in Gurgaon district. Applicability of notification dated 27th January, 1994 72. The notification has been reproduced in the earlier part of the judgment. It, inter alia, applies to mining projects (major minerals) with leases of more than 5 hectares. It can neither be disputed nor has been disputed that the notification is mandatory. It, inter alia, provides that on and from the date of its publication in official Gazette expansion or modernization of any activity (if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dies relating to environmental impact had been taken into consideration and that there was no obligation to obtain the statutory clearance under 1994 notification. 74. In the present case, regarding the manner of grant of no objection certificate from environmental angle for proposed mining activity, by way of illustration, we may refer to the order dated 18th January, 1999 issued by Haryana State Pollution Control Board whereby no objection certificate for renewal of lease was granted stipulating that the applicant Som Prakash Sethi in respect of mining activity at village Anangpur, district Faridabad shall also seeking environmental clearance of its mining project in compliance with this notification without even mentioning any time limit for it and admittedly till date that had not been done. None bothered to find out whether conditions in the order has been compiled or not. Further the letter dated 25th January, 2003, sent to Principal Secretary of Central Empowered Committee by Director Mines and Ecology, Haryana shows how the State Government has been circumventing the legal requirements and permitting mining. In that letter, it has been stated that pending approval of the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39; was an Act in recognition of the awareness that deforestation and ecological imbalances as a result of deforestation have become social menaces and further deforestation and ecological imbalances should be prevented. That was the primary purpose writ large in the Act of 1980. therefore the concept that power coupled with the duty enjoined upon the respondents to renew the lease stands eroded by the mandate of the legislation as manifest in 1980. Act in the facts and circumstances of these cases. The primary duty was to the community and that duty took precedence, in our opinion, in these cases. The obligation to the society must predominate over the obligation to the individuals." 76. In Rural Litigation and Entitlement Kendra v. state of U.P. 1988(2)SCALE493 , agreeing with views expressed in Ambica Quarry Workers, it was held that the FC Act applies to renewals as well and even if there was a provision for renewal in the lease agreement on exercise of lessee's option, the requirement of the Act had to be satisfied before such renewal could be granted, in State of M.P. and Ors. v. Krishnadas Tikaram 1994(4)SCALE523 , these two decisions were relied upon and it was held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 4(b) the State Government has power to regulate, restrict or prohibit the quarrying of stone or the burning of lime at placed where such stone or lime had not ordinarily been so quarried or burnt prior to the publication of the notification under Section 3. Section 5(b) in respect of any specified village or villages, or part or parts thereof, comprised within the limits of any area notified under Section 3, the State Government may, by special order; temporarily regulate, restrict or prohibit the quarrying of any stone or the burning of any lime at places where such stone or lime had ordinarily been so quarried or burnt prior to the publication of the notification under Section 3. In respect of some mining areas notifications have been issued under Section 4 and in respect of some notifications have been issued both under Sections 4 and 5. The submission is that invoking of Sections 3, 4 and 5 is only to conserve sub-soil water and prevention of the area from erosion of land and is not to create any forest. It has been pointed out that in cases where the notifications have been issued, only felling of trees had been prohibited and not quarrying of stone. 81. It cannot be di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pose, it would be necessary to comply with the provisions of the FC Act. 83. We may also note that assuming that there was any confusion or erroneous impression, it ought to have been first sorted out at appropriate level and where affidavits had been filed in this Court, clarifications/orders sought before issue of the mining leased respect of such area. Impact of Mining on Ground Water 84. Where during mining water level is touched, the Monitoring Committee shall carve out that area and it was agreed on behalf of the leaseholders that they would co-operate and not undertake any mining in such an area. Non-payment of royalty to the villagers 85. A controversy has been raised about non-payment of royalty by the leaseholders to villagers on whose behalf it was contended that the order dated 6th May, 2002 prohibiting mining should not be varied till the leaseholders discharge their liability to pay royalty to the villagers. On the other hand, mine leaseholders dispute the claim put-forth on behalf of the villagers and it has been submitted that no amount is payable by them and the villagers can make their claim, if any, from the State Government. The dispute of this nature canno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs. In case, those applications are presently with Central Empowered Committee, the same shall be forthwith forwarded by CEC to MOEF. The adverse effect, if any, and extent thereof on human health and ecology shall be examined while deciding impact of these activities. There is also the desirability of transparency in such matter. The MOEF is directed to consider the said applications within a period of 10 weeks. Monitoring Committee 92. With a view to monitor the overall eco-restoration efforts in the Aravalli Hills and to provide technical support to the implementing organizations and also to monitor implementation of recommendations contained in reports referred herein, it is necessary to constitute a Monitoring Committee. The heads of the following departments would be members of the Monitoring Committee : 1. Regional Officer of State Pollution Control Board. 2. Forest Department 3. District Administration 4. Department of Mining & Geology 5. Irrigation Department 6. Regional Officer of CGWB 7. Agriculture Department 8. District industry Department. 9. Chairman - CPCB. 93. Besides above, MOEF is directed to appoint an officer from Central Ground Water Board ..... X X X X Extracts X X X X X X X X Extracts X X X X
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