2009 (5) TMI 981 - SC - Indian Laws

Total stoppage of Mining Activity - Optimization of land and ecological degradation in an area admeasuring approximately 448 sq. kms. in the Aravalli Hill Range - Precautionary Principle - What should be the duration of such ban/stoppage? - HELD THAT - In this Order what we are emphasising is extensive mining and not individual un-authorised mining because even in the case of former no steps to re-habilitate was ever taken. The result is that mining operations have been carried out on a disproportionate scale in the Aravalli Hill mainly in Gurgaon and Faridabad including Mewat in the State of Haryana. The satellite images indicate the devastation caused to the area by the extensive mining operations. Extraordinary situation demands extraordinary remedies. In the circumstances we are of the view that mining operations should be immediately suspended in the above Area. It is true that complete ban was imposed on mining Aravalli hills vide Order dated 29/30.10.2002 which came to be modified by Order dated 16.12.2002 and it is equally true that vide judgment in M.C. Mehta case 2004 (3) TMI 817 - SUPREME COURT this Court observed that it was not suggesting a complete ban on mining operations so long as it is possible to undertake mining operations on the sustainable development principle (see para 57). At the same time in paras 89 and 96(6) of the judgment dated 18.3.2004 this Court specifically suggested that if degradation of environment continues and reaches the stage of no return this Court may consider closure of mining activities. In other words a gateway was provided for this Court to impose the ban in future if degradation of environment becomes irreversible. We make it clear that by this Order the ban will not be confined only to 5 km. but it would cover the entire Aravalli Hill range within the State of Haryana in which mining operations are being carried out. (i.e. area admeasuring approximately 448 sq. kms. falling in the Districts of Faridabad and Gurgaon including Mewat.) Environment and ecology are national assets. They are subject to inter-generational equity. Time has now come to suspend all mining in the above Area on Sustainable Development Principle which is part of Articles 21 48A and 51A(g) of the Constitution of India. In fact these Articles have been extensively discussed in the judgment in M.C. Mehta s case (supra) which keeps the option of imposing a ban in future open. Mining within the Principle of Sustainable Development comes within the concept of balancing whereas mining beyond the Principle of Sustainable Development comes within the concept of banning . It is a matter of degree. Balancing of the mining activity with environment protection and banning such activity are two sides of the same principle of sustainable development. They are parts of Precautionary Principle . At this stage we may also note that under Section 13(2)(qq) of 1957 Act Rules have been framed for rehabilitation of flora and other vegetation destroyed by reason of any prospecting or mining operations. Under Section 18 of the 1957 Act Rules have been framed for conservation and systematic development of minerals in India and for the protection of environment by preventing or controlling pollution caused by prospecting or mining operations which also form part of Mineral Concession Rules 1960 and Mineral Conservation and Development Rules 1988. Under Rule 27(1)(s)(i) of Mineral Concession Rules 1960 every lessee is required to take measures for planting of trees not less than twice the number destroyed by mining operations. Under Mineral Conservation and Development Rules 1988 vide Rule 34 mandatory provisions for reclamation and rehabilitation of lands are made for every holder of prospecting licence or mining lease to be undertaken and that work has to be completed by the lessee/licensee before abandoning the mine or prospect. Similarly under Rule 37 of Mineral Conservation and Development Rules 1988 the lessee/licensee has to calibrate the air pollution within permissible limits specified under EP Act 1986 as well as Air (Prevention and Control of Pollution) Act 1981. 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 statutory provisions contained in various enactments enumerated 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.

Summary

Issues Involved:
1. Stoppage of mining activity in the Aravalli Hill Range.
2. History and compliance of relevant orders passed by the Court.
3. Reasons behind the imposition of a total ban.
4. Consequences of continuous violations of rules.
5. Legal parameters and contentions of the lessees.
6. Compliance with statutory provisions and guidelines.

Detailed Analysis:

1. Stoppage of Mining Activity in the Aravalli Hill Range:
The primary issue addressed was whether the situation predicted in the M.C. Mehta case had come about, warranting the total stoppage of mining activity in the Aravalli Hill Range, and if so, the duration of such a ban.

2. History and Compliance of Relevant Orders Passed by the Court:
The judgment meticulously outlines the history of orders passed by the Court starting from 6.5.2002, which directed the stoppage of all mining activities and groundwater pumping within 5 km from the Delhi-Haryana border. Subsequent orders on 29/30.10.2002, 31.10.2002, and 16.12.2002 reinforced and modified the ban on mining activities due to non-compliance with statutory rules and regulations. The orders emphasized the necessity of environmental impact assessments and approvals before any mining activity could be permitted.

3. Reasons Behind the Imposition of a Total Ban:
The Court imposed a complete ban on mining in the Aravalli range due to extensive non-compliance with statutory rules, including the failure to obtain environmental clearances, submit environmental management plans, and the unregulated extraction of groundwater. The degradation caused by these activities was highlighted by the Environmental Pollution Control Authority (EPCA) and Central Empowered Committee (CEC) reports, which indicated severe ecological damage and non-compliance by the mines.

4. Consequences of Continuous Violations of Rules:
Despite the statutory measures to protect the ecology of the Aravalli range, extensive mining without remedial measures resulted in irreversible environmental changes. The Court noted that the Aravalli hills, a critical geological formation preventing desert expansion into Delhi, had suffered significant degradation due to unregulated mining activities. The judgment emphasized the need for sustainable development and compliance with environmental management plans to prevent further damage.

5. Legal Parameters and Contentions of the Lessees:
The lessees argued that the Court's previous orders did not suggest a complete ban on mining operations and that environmental clearances had been obtained for some projects. However, the Court found no merit in these arguments, emphasizing the need for a holistic view of the extensive environmental degradation caused by past mining activities without proper clearances and remedial measures. The Court highlighted that the degradation had reached a stage of no return, necessitating a complete ban on mining operations in the area.

6. Compliance with Statutory Provisions and Guidelines:
The Court noted that none of the statutory provisions and guidelines for environmental protection and rehabilitation had been complied with. The judgment emphasized the importance of preparing a comprehensive reclamation plan, duly certified by the State of Haryana, MoEF, and CEC, before any mining operations could resume. The plan should include steps for ecological restoration, land reclamation, and pollution control.

Conclusion:
The Supreme Court ordered the suspension of all mining operations in the Aravalli Hill Range within the State of Haryana, covering approximately 448 sq. kms. in the Districts of Faridabad and Gurgaon including Mewat, until a comprehensive reclamation plan is prepared and certified by the relevant authorities. The judgment also deferred the decision on allowing the excavation of minor minerals for construction purposes to a later date, post-summer vacation.