1988 (8) TMI 420 - SC - Indian Laws

Summary

Issues Involved:
1. Unauthorized and illegal mining affecting ecology.
2. Compliance with safety standards and environmental regulations.
3. Classification and closure of mines.
4. Expert Committee findings and recommendations.
5. Impact of Forest (Conservation) Act, 1980.
6. Environmental (Protection) Act, 1986 jurisdiction.
7. Rehabilitation of displaced mine owners.
8. Monitoring and reafforestation.

Summary:

Unauthorized and Illegal Mining Affecting Ecology:
The Supreme Court registered a writ petition u/s Article 32 of the Constitution based on allegations of unauthorized and illegal mining in the Mussoorie-Dehradun belt, adversely affecting the ecology and environment.

Compliance with Safety Standards and Environmental Regulations:
A Committee was appointed on August 11, 1983, to inspect mines and ensure compliance with the Mines Act of 1952 and related rules. The Committee's preliminary findings led to the suspension of blasting operations, later modified.

Classification and Closure of Mines:
The Bhargava Committee classified mines into three categories: A, B, and C. Category C mines were recommended for total closure, Category A mines could continue with precautions, and Category B mines required further investigation. The Court ordered the closure of Category C and certain Category B mines on March 12, 1985.

Expert Committee Findings and Recommendations:
An Expert Committee, including Prof. K.S. Valdia, Mr. Hukum Singh, and Mr. D.N. Kaul, investigated the ecological impact of mining. The Court took note of their reports and directed actions based on their recommendations.

Impact of Forest (Conservation) Act, 1980:
The Forest (Conservation) Act, 1980, required Central Government approval for the use of forest land for non-forest purposes. The Court noted that this Act was not considered in earlier orders and emphasized its importance in regulating mining activities.

Environmental (Protection) Act, 1986 Jurisdiction:
Despite the enactment of the Environmental (Protection) Act, 1986, the Court maintained jurisdiction over the matter, emphasizing the need for a comprehensive approach to environmental issues.

Rehabilitation of Displaced Mine Owners:
The Court directed the formation of a Rehabilitation Committee to oversee the rehabilitation of displaced mine owners, involving representatives from the Union of India and the States of Uttar Pradesh, Rajasthan, and Gujarat.

Monitoring and Reafforestation:
A Monitoring Committee was established to oversee reafforestation and ensure compliance with environmental safeguards in ongoing mining operations. The Committee was tasked with ensuring the ecological balance and addressing environmental concerns.

Conclusion:
The Supreme Court ordered the immediate cessation of mining activities in certain areas, allowed limited operations in others under strict conditions, and emphasized the importance of ecological preservation and compliance with environmental laws. The judgment highlighted the need for a balanced approach to development and environmental conservation.