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1988 (8) TMI 420

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..... r of parties inflated both under the orders of the Court and on application to be added. Apart from the Governments of the Union and of Uttar Pradesh, several governmental agencies and mining lessees appeared in the proceedings. What initially appeared to be two simple applications for limited relief got expanded into a comprehensive litigation requiring appointment of committees, inspection and reports in them from time to time, serious exercises on the part of the mine owners before the committees, filing of affidavits both original and further, and lengthy arguments at the Bar.These also necessitated several comprehensive interlocutory directions and orders. These two writ petitions are being disposed of by this common judgment. On August If, 1983, this Court appointed a Committee for inspection of the mines with a view to securing assistance in the determination as to whether safety standards laid down in the Mines Act of 1952 and the Rules made thereunder have been followed and whether there was any danger of landside on account of quarrying operations particularly during the rainy season, and if there was any other hazard to any individual, cattle or agricultural lands .....

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..... w that the lime stone quarries classified in category A by the Bhargav committee Report and category I by the Working Group were suitable for continuance of mining operations. So far as the lime stone quarries in category C of the Bhargav Committee Report are concerned, they were regarded by both the Bhargav Committee and the Working Group as unsuitable for continuance of mining operations and both were of the view that they should be closed down. The only difference between the Bhargav Committee and the Working Group was in regard to lime stone quarries classified in category B. This Court had also appointed an Expert Committee consisting of Prof. K.S. Valdia, Mr. Hukum Singh and Mr. D.N. Kaul to enquire and investigate into the question of disturbance of ecology and pollution and affectation of air, water and environment by reason of quarring operations or stone crushers and setting up of lime stone kilns. Mr. Kaul and Mr. Hukum Singh submitted a joint report with reference to various aspects indicated in their order of appointment while Prof. Valdia submitted a separate report. In the order of March 12. 1985, this Count took note of the position that Prof. Valdia s report wa .....

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..... nd if it cannot be allowed to be operated, the reasons for taking that view. The Bandyopadhyay Committee in making its report will take into account the various aspects which we had directed the Bhargav Committee and the Kaul Committee to consider while making their reports including the circumstances that the particular lime stone quarry may or may not be within the city limits of Mussoorie and also give an opportunity to the concerned lessee to be heard, even though it be briefly. Several mining lessees submitted their schemes which were examined by the Committee but none of them was cleared. Objections against rejection of the schemes had been filed before this Court by many of the aggrieved lessees. It was directed in the aforesaid order of 12th March, 1985, that until the Bandyopadhyay Committee cleared the particular mines for operation, mining activity in regard to all mines covered within the purview of examination by that Committee would stop. This Court, however, allowed A category mines located outside the city limits to operate. While directing closure of the Shasradhara area B category mines and all the C category mines, as also A and B category mines within th .....

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..... ality and should not be wasted by being utilised for purposes for which this special grade lime stone is not required. Keeping these aspects in view, the Government of India in the Ministry of Environment and Forests, Department of Environment, Forests and wildlife, constituted a Committee to examine the working of the lime stone mining operations in the Doon Valley by its memorandum No. J-20012/48/86-1A, dated 30th of December, 1986, which was also called the Working Group. Shri D.N. Bhargava was nominated as Chairman and the Committee had three other members, namely, Shri V.C. Verma, Director General, Mines Safety, Dhanbad; Prof. B.D. Dhar, Department of Mining Engineering of the Banaras Hindu University, Varanasi; and Shri R. Mehta, Principal Scientific Officer, Department of Environment, Forest and Wildlife, New Delhi. Shri Verma was substituted by Shri N. Mishra, Deputy Director General, Northern Zone. The terms of reference of the Committee were: (i) Whether the operations are being carried out on scientific lines? (ii) Whether the limestone quarried is being supplied to end-users as stipulated by the Supreme Court; and (iii) The extent to which the mining operati .....

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..... ot work on reclamation of mined out area has yet commenced. A proper disposal yard for stocking debris must be provided so that the present practice of disposing it near the camp office on the bank of the violet is prevented. Details of arrangements for controlling dust both in mining and crushing operations are not available. UPSMDC is the largest of the working mines and apart from the fact that it belongs to the Government of Uttar Pradesh, it has also the largest of investment. It has been claimed before us on its behalf that it operates most scientifically and satisfies all the requirements appropriate fOr ecological and environmental safeguards. The Report of the Committee, extracted above, negatives all these claims. (ii) We shall now refer to M/S Punjab Lime and Limestone Company which has two mines both of which are working. Lease No. 14 covers 44.5 hectares and is a lease for 20 years from 1966; as such it has already expired. Lease No. 96 is for 28.92 hectares and would expire in December, 1989. Lease No. 14 had two areas and this Court disallowed mining in the Northern block. The Committee found that 16.4 hectares equal to 41 acres, out of lease No. 96 comprised of .....

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..... 1982. The Committee found that he had no environment management plan. The working plan submitted by the Iessee did not show any plantation area. The last of the working mines which the Committee visited is that of Shri C.G. Gujaral. The Iease was for 24.16 hectares and expired on 17th December, 1983. The Committee found that the Iease area contained very good forest. The rolling of scree/debris along the slopes had left not only ugly scars but also resulted in destruction of the green cover. The debris flow has also choked the Sansaru nullah which once used to be a perennial stream. There was no environmental management plan. In fact the Committee came to the conclusion that the working of this mine was not conducive to the environmental conservation. We have in another part of this judgment indicated our conclusion that mining activity as a whole should be stopped in the Doon Valley but for the reasons indicated therein, we have also come to the conclusion that the three mining lessees who have been operating under valid lease may be permitted to work subject to such conditions as have been indicated. Keeping the report of the Working Group in view and for the reasons we hav .....

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..... the Bhargav Committee Report and/or category 1 of the Working Group Report and falling outside the city limits of Mussoorie, should be allowed to the operated subject, of course, to the observance of the requirements of the Mines Act, 1952, the Metalliferous Mines Regulations, 1961 and other relevant statutes, rules and regulations. Of course when we say this, we must make it clear that we are not holding that if the leases in respect of these lime stone quarries have expired and suits or writ petitions for renewal of the leases are pending in the courts, such leases should be automatically renewed. It will be for the appropriate courts to decide whether such leases should be renewed or not having regard to the law and facts of each case. So, far as the lime stone quarries classified in category A in the Bhargav Committee Report and category 1 in the Working Group Report and falling within the city limits of Mussoorie are concerned, we would give the same direction which we are giving in the next succeeding paragraph in regard to the lime stone quarries classified as category B in the Bhargav Committee Report. The argument that A category mines outside the city limits had been .....

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..... urther scrutiny and not released from the proceedings. Our order of 18th December, 1986, left certain aspects to be considered by the State and immediately the Central Government responded by appointing the second Working Group. We would like to reiterate what we have already said in the order of 19th of October, 1987, that the examination by this Court when it made the order of 12th March, 1985, omitted to consider the impact of the Forest (Conservation) Act of 1980 which was then a statute in force. If the provisions of the Conservation Act had been noticed and impact thereof for the continuance of mining activity had been considered, perhaps the Court would have made no exemptions and no mining may have been permitted. Besides, if the Court really intended to release the A category mines outside the city limits, it could very well pronounce that in clear terms. In view of what we have indicated above, it is difficult to accept the stand taken by some of the lessees and by Mr. Nariman appearing for the intervener that a final order has been by this Court in regard to the A category mines outside the city limits of Mussoorie. The writ petitions before us are not inter-par .....

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..... the present situation in these cases. Besides it is a rule of practice and prudence and not one of jurisdiction. The contention against exercise of jurisdiction advanced by Mr. Nariman for the intervener and reiterated by some of the lessees before this Court must stand overruled. We shall now briefly indicate reasons in support of our conclusion mentioned in the order of October 19, 1987, that mining in this area should be stopped. Kalidas, the greatest of the Indian poets, sang the praises of the Himalayas in Meghadoot by describing it as the loftiest mountain on earth surface located on the north of the country. The Himalayan ranges apart from operating as a natural seal on the northern border against intruders, have influenced the climate, culture, ecology and environment of the sub continent. These are the ranges from where originate several perennial rivers like the Ganges and the Yamuna. These two rivers which mingle at Allahabad and later flow into the Bay of Bengal as one river have built up what is known as the gangetic belt-the most fertile part of lndia. The lcgendary tradition of our culture is deeply associated with these two rivers. Apart from providing succ .....

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..... osits if excavated and utilised get exhausted while if forests are exploited, there can be regeneration provided reafforestation is undertaken. Trees, however, take time to grow and ordinarily a 15 to 25 year period is necessary for such purpose. We have already indicated that several expert Committees appointed by this Court have opined generally against continuing the mining activity in the Valley. The Second Working Group found in as late as 1987 that limited mining in the on-going mines was not congenial to ecological and environmental discipline. This Court by its order on October 19, 1987, (AlR 1987 SC 2426) called the Union of India: ..... to place before the Court on affidavit the minimum total requirement of this grade of lime stone for manufacture of quality steel and defence armaments. The affidavit should also specify as to how much of high grade ore is being imported into the country and as to whether other indigenous sources are available to meet such requirement. This Court would also require an affidavit from responsible authorities of the Union of lndia as to whether keeping the principles of ecology, environmental protection and safeguards and anti-pollutio .....

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..... turn to the contention relating to forests. Air and water are the most indispensable gifts of Nature for preservation of life. Abundant sun-shine together with adequate rain keeps Nature s generating force at work. Human habitations all through the Ages have thrived on river banks and in close proximity of water sources. Forests have natural growth of herbs which provide cure for diseases. Our ancestors knew that trees were friends of mankind and forests were necessary for human existence and civilization to thrive. It is these forests that provided shelter for the Rishies and accommodated the ancient Gurukulas . They too provided food and sport for our forefathers living in the State of Nature. That is why there is copious reference to forests in the Vedas and the ancient literature of ours. In ancient times trees were worshiped as gods and prayers for up-keep of forests were offered to the Divine. In the Artharva Veda (5.30.6) it has been said: Man s paradise is on earth; This living world is the beloved place of all ; It has the blessings of Nature s bounties ; Live in a lovely spirit. In due course civilization developed and men came to live away from fore .....

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..... rack and providing sleepers therefor required clearing of forest areas and cutting down of trees. During the Second World War Indian forests were very badly mauled for various defence purposes. By the time India became independent it had about 2 per cent of the earth s land area, 1 per cent of productive forest area 15 per cent of world s population and 10 per cent of world s animal life-a situation indicative of the fact that there was acute deficit of forest area. The Government of lndia declared its National Forest Policy in 1452 which laid down that forests should occupy 33 per cent of the land surface as against 23 per cent then attention was intended to the bestowed for expansion of forests in each of the Five-Year Plans that followed with a view to rehabilitating the forests. The demand occasioned by the growing population and the spread of economic development and consequent demand of timber as raw material as also feul led a excessive exploitation of the forests and consequent clearing of forest areas notwithstanding the declared of National Forest Policy. It is interesting to note that the national per capital average of forest area works out to 0. 11 hectare as aga .....

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..... that go 6.0 million tonnes of nutrients-more than the amount that is applied in the form of fertilisers. We shall now deal with legislative measures to preserve the forests and impact of such provisions on mining after briefly referring to the legislative power in regard to forests. Forest was initially a State subject covered by Entry 19 in List II of the Seventh Schedule: In 1976, under the 42nd Amendment the entry was deleted and entry 17-A in the Concurrent List was inserted. The change from the State List to the Concurrent List was brought about following the reallsation of the Central Government that forests were of national importance and should be placed in the Concurrent List to enable the Central Government to deal with the matter. The same amendment of the Constitution brought in Article 48-A in Part IV providing thus: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Article 51-A in Part IV-A of the Constitution inserted by the same amendment provided a set of fundamental duties and clause (g) runs thus: It shall be the duty of every citizen of India- (g) to protect and improv .....

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..... ts power in the State Government to reserve forests. The process for reservation of forests starts with section 4 and ends up with the final declaration under section 20. Section 27 vests power in the State Government to declare a forest to be no longer reserved. As noticed earlier, notwithstanding the regulatory provisions in the Forest Act of 1927 and the Government s National Forest Policy of 1952, forests generally got rapidly depleted. To meet this alarming situation the Forest (Conservation) Ordinance of 1980 was promulgated by the President and the Ordinance was followed by the Forest (Conservation) Act of 1980. The statement of objects and reasons, as far as relevant, point out: Deforestation causes ecological imbalance and leads to environmental deterioration. Deforestation had been taking place on a large scale in the country and it had caused widespread concern. With a view to checking further deforestation the President promulgated on the 25th October, 1980, the Forest (Conservation) Ordinance, 1980. The Ordinance made the prior approval of the Central Government necessary for dereservation of forests and for use of forest land for nonforest purposes. The Ordi .....

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..... r at least it will not help reclaiming back the areas where deforestations have taken place. In that view of the matter, in the facts and circumstances of the case, in our opinion, the ratio of the said decision State of Bihar v. Banshi Ram Modi, [ 1985] 3 SCC 643 cannot be made applicable to support the appellants demands in these cases because the facts are entirely different here. The primary purpose of the Act which must subserve the interpretation in order to implement the Act is to prevent further deforestation. The Central Government has not granted approval. ...... The ratio of the decision of this Court in Stare of Rajasthan v. Hari Shankar Rajindra Pal, [l965] 3 SCR 402 has obviously no application to the facts of this case. In Banshi Ram Modi case (supra) what was being considered was extension of the leases for another mineral which was found while exploitation, under the existing mining lease was undertaken. We agree with the view expressed by Brother Mukharji that the Conservation Act of 1980 applies to renewal as well and even if there was a provision for renewal in the lease agreement on exercise of lessee s option, the requirements of 1980 Act had to be satis .....

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..... nullify the decrees in such circumstances would not be violative of the principles of natural justice. Apart from the notice contained in the Court s Order of 19th October, 1987, where it had been specifically stated that this Court was of the view that mining in the Doon Valley area should be totally stopped. the position was also made clear to different parties in course of the hearing which continued for several weeks. We, therefore, hold that if any decree or order has already been obtained from any court relating to renewal of these Ieases, the same shall stand vacated and similarly any appeal or other proceeding taken to obtain a renewal or against orders/decrees renewal shall also become nonest. We shall now turn our attention to the consideration as to whether mining should be totally stopped outright or in a phrased manner. In our order dated 14th October, 1987, we had categorically indicated that mining in this area has to be stopped but instead of outright closing down total mining operations we were of the view that mining activity may have to be permitted to the extent it was necessary in the interest of defence of the country as also by way of the safe-guarding .....

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..... 1800 Indian Iron Steel Co. Ltd. - 330 610 SAIL TOTAL 2,300 3.780 5,990 Tata Iron Steel Co. Ltd 300 550 750 Vizag Steel Plant Mini Steel Plants 50 100 200 TOTAL REQUIREMENTS 3130 5240 7750 3.4 The occurrence of LD grade limestone deposits has been identified at Lambidhar. Barkot (Distt. DehraDun) in U.p.. Gotan and Jaisalmer in Rajasthan, Solan in Himachal Pradesh and Khorram in Meghalaya. The deposits outside U.P. have not, however, been prospected/explored in detail. Detailed exploration of these deposits is necessary for the preparation of mining and environmental manageement plants before definite assessment of the extent of production of LD-grade from these deposits can be determined. Jaisalmer being the most favoured deposit should be explored on priority. All the same. prima facie availability pattern of the LD- .....

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..... their existence. Mini cement plants located in Western U.P. and in the Doon Valley (M/s Venus Cements) utilise offgrade limestone generated from the mines consequent to their operations. This, in effect, helps with the control of pollution that would have occurred from mine wastes if dumped or allowed to roll into depressions, Valleys or stream beds; it also helps with conservation and maximum utilisation of the resource mined. Adverting to the question as to whether mining activity in this area should be permitted to a limited extent, keeping the principles of ecology in view, the affidavit stated: The Union Government has all along taken the stand that the Doon Valley is a fragile eco-system and is endowed by nature with perennial water streams, lush green forests and scenic beauty. All these factors have contributed to Mussoorie being called the queen of hill stations and Dehradun becoming an important place of tourist attraction as well as centre of education. The unscientific and uncontrolled limestone quarrying operations spread over the entire 40 km. belt on the Mussoorie slopes however, endangered the delicate ecological balance resulting in ugly scars, excessive .....

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..... this area. In view of these considerations, it is felt that limestone mining on a limited scale may have to continue under strict regulation. This affidavit of Dr. Maudgal was not accepted by this Court as it did not fulfil the requirement of the directions given in the Court s order dated 19th October, 1987. Then came another affidavit dated 24th February, 1988, by Shri T.N. Seshan, Secretary in the Ministry of Environment and Forests. This affidavit indicated that 90 per cent of the low silica high grade limestone was supplied by the Rajasthan mines to the Steel Authority of India Ltd. and 10 per cent of supplies came from the Dehradun quarries. Tata Iron and Steel Company at Jamshedpur, however, received a sizeable supply from the Dehradun quarries. According to this affidavit, in 1986, the total production of high grade limestone in the Dehradun-Mussoorie area was 6.02 lakh tonnes. The affidavit indicated availability of such limestone in several other parts of the country. In regard to import of limestone and foreign exchange components, this affidavit indicated that as low silica high grade limestone is available from indigenous sources, import thereof could be dispensed .....

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..... ttar Pradesh is concerned, we do not see any justification in its critical stand against the second affidavit on the plea that the stand accepted in the first affidavit has been given a go by. Maintenance of the environment and ecological balance is the obligation of the State and the Central Governments and unless there was any real objection to the opinion of the Union of India as to continuing or closing down of mining activity, it should have been taken in the proper light and the little modified stand adopted in the second affidavit should have been welcomed. In another part of our judgment we have found that the entire area is more or less forest. Many portions are reserved while others constitute forest land. It is indisputable that mining operations are detrimental to forest growth. In fact the Union Government in the Ministry of Environment and Forest have on 31st May, 1988, informed the Secretaries of all the State Governments in the Department of Forest that even mining area below the forests would affect the forests. The variation of the stand in the second affidavit that mining activity should be totally stopped is certainly an improvement on the stand taken in t .....

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..... been necessitated on account of the closure of the mines in this area and non-availability of the material from the alternate indigenous source. We have already recorded a finding elsewhere in this judgment that most of these mines are either within reserved forests or in forest lands, as covered by the U.P. Amendment of the Forest Act. To these areas the Forest Conservation Act applies and to allow mining in these areas even under strictest control as a permanent feature would not only be violative of the provisions of Forest (Conservation) Act but would be detrimental to restoration of the forest growth in a natural way in this area. Once the importance of forests is realised and as a matter of national policy and in the interests of the community, preservation of forests is accepted as the goal, nothing which would detract from that end should be permitted. In such circumstances we reiterate our conclusion that mining in this area has to be totally stopped. There was some controversy as to whether some of the mines were located in the reserved forests. We have not made any attempt to resolve that controversy here as, in our opinion, whether the mines are within the reserve .....

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..... r 17 2. 12. 82 4. Sh. C. C;. Gujaral 76 15. 12. 82 In all these cases, the leases have expired and the lessor Government refused to renew them. The lessees have obtained orders from the Court and are working continuously. In view of what we have held, the orders or decrees become inoperative and are deemed to have been set aside by this judgment. Mining in these four leases must stop within one month from today. Apart from the three working mines specified above where the Original Lease period is yet to expire, there are six other A category mines with valid leases which are not working now as per the particulars below : __________________________________________________________________________ __ S.No. Name of the lessee Lease No. Valid up-to __________________________________________________________________________ __ 1. New Era Minerals 4 25.2.1990 2. U. P. Minerals 8 10.4.1994 3. Rajgiri Minerals 9 24.11.1992 4. Anand Brothers 67 15.2.1992 5. Uttrakhand Minerals98 12. 12 1989 6. Vijayashree Minerals99 20.3. 1990 __________________________________________________________________________ _ These mines are not operating at present for o .....

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..... being permitted to work out stopped mines, in our opinion, would not be appropriate at this stage. On the other hand to treat them all as a class and subject them to a common order would be just and proper. We reiterate that the exception in the case of lease No 99 is for testing the genuineness of the representation of the lessee and in consideration of the smallness of the area. We would like to notice at this place the contention of Dr. Singvi that A Category mine owners should not suffer on account of this Court s order and similar treatment to all A category mine owners should be given. There can be no two opinions about the Court extending equal treatment to all equally placed parties before it. It is, however, not correct that the A category mines which are operating and those that are closed down are similarly situate. In fact, when the Court made the earlier order asking for closing down, the distinction was noticed and on that basis orders involving different treatments had been made. It may be that we have not found the distinction to be a tenable one at a later stage. But in the peculiar situation emerging in this case we do not accept the submission of Dr. Singhvi .....

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..... against the UPSMDC are germane and legitimate. We shall require this lessee to meet all these objections within a period of four months from now. If by the end of December, 1988, the lessee fails to comply with this direction to the satisfaction of the Monitoring Committee which is being setup by this Judgment, the Monitoring Committee is empowered to direct closing down of the mine subject to any other direction of this Court. So far as the other two mines are concerned, whatever objections have been raised by the Working Committee shall also be removed within the same time limit and on failure of compliance, they too shall be visited with the same consequences. There is no dispute that continuance of mining operations affects environment and ecology adversely and at the same time creates a prejudicial situation against conservation of forests. It is, therefore, necessary that each of these working mines shall have to work with an undertaking given to the Monitoring Committee that all care and attention shall be bestowed to preserve ecological and environmental balance while carrying on mining operations. 25% of the gross profits of these three mines shall be credited to th .....

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..... . It is, therefore, necessary that representatives of these State Governments are also on the Committee. We accordingly direct a Committee to be set up with representatives of the Union of India, the State Governments of Uttar Pradesh, Rajasthan and Gujarat. While effecting rehabilitation by giving alternate mining sites, ecology and environment will have to be considered. It is, therefore, necessary that that such Committee the Ministry of Environment should also be represented. Apart from them there should at least be two experts. We direct constitution of a Rehabilitation Committee with the following members: 1. Secretary, Department of Mines, Government of lndia- Chairman. 2. Secretary, Department of Environment and Forest. Government of India-Member. 3. Secretaries, Department of Mining of the States of Uttar Pradesh. Rajasthan and Gujarat-Members. Mr. Anil Aparwal of Centre for Science and Environment, G-92, Kalkaji, New Delhi, and Mr. Subrata Sinha, Senior Deputy Director General, Geological Survey of India, 27, Jawaharlal Nehru Road, Calcutta, are nominated as the expert members of this Committee. The Committee shall have an officer of the grade of Under Secreta .....

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..... adun), the secretary, Forest Department of the Uttar Pradesh and the Chairmen of the Mussoorie and Dehradun municipalities, and two public spirited citizens-one belonging to Mussoorie and another to Dehradun area are to be the members of this Committee. The two non-official members shall be co-opted by the Committee. The Committee shall have its office at Dehradun in the accommodation to be provided either by the ONGC or the Forest Staff College. The Government of Uttar Pradesh is directed to deposit a sum of ₹ 5 Lacs for creating the initial fund of the Monitoring Committee. The amount should be deposited in the Registry of this Court within four weeks from now. It shall be open to the Monitoring Committee to appoint a skelton staff with the suitable officers to run the establishment. We hope and expect that the concerned Governments will permit their officers to undertake the respective assignments in public interest and we expect the officers also to extend their whole-hearted support to work out the trust reposed in them. The Monitoring Committee shall have powers to over-see reafforestation in the area by the State of Uttar Pradesh and undertake an appropriate scheme .....

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