M.C. MEHTA v. UNION OF INDIA AND ORS (17)

Citation: [2004] 3 S.C.R. 126

Court: Supreme Court of India

Bench: Y.K. SABHARWAL, H.K. SEMA

Case summary

M.C. MEHTA v. UNION OF INDIA AND ORS (17).pdf

Judgment text

M. C. MEHTA V. UNION OF INDIA AND ORS. MARCH 18, 2004 [Y. K. SABHARWAL AND H. K. SEMA, JJ.

] Environmental Laws: Environment (Protection) Act, 1986/Air (Prevention and Control of Pollution) Act, 1974/Water (Prevention and Control ofPoilution) Act, 19741 Forest (Conservation) Act, 1980/Constitution ofIndia, 1950; Article 21: Writ petitionfor stopping mining activity in the vicinity ofDelhi-Haryana border on ground of environmental degradation-Issuance of directions by the Supreme Court to Expert Environment Agencies/Institutions to suggest ways and means for preventing and controlling pollution in the sensitive ecological region ofthe border area-Compliance thereto by the authorities concerned to control mining operations in the area to the extent it adversely affects local habitants in general and environment in particular-Authorities concerned issuing notifications/taking remedial measures-On consideration/ examination of reports/recommendations/notifications and reports of action taken by the authorities, petitions disposed of the with directions.

Forest Policy-Mining and industrial development-Held: Permission for mining activity should not be granted without appraisal ofproper Mine Management Plan from the environmental angle and enforcing it strictly. Forest Land-Mining activity-Grant of-Held: It should be examined in the light ofprinc~nle ofsustainable development and can be permitted to ·( continue so long as environment is not affected adversely-However, it should not be allowed on the forest land ear-markedfor afforestation/plantation from foreign jimds. Mining Plan-Approval of-Permission-Held: Approval ofthe mining plan does not signifo. approval ofmining activity ipso facto-The lease-holders have to comply with the statutory requirements for the protection ofenvironment and control ofpollution before starting any such activity. M. C. MEHTA v. U. O. l.

127 Mining Activity-Gr1111t ofper111issio11-Conditions-Held: Right to live includes right ofenjoyment of"pollutionfi"ee air and water-Mining operations impairs ecological and natural resources-Utmost good faith and honesty on the part ofthe /ease-holders are pre-requisite for preventing and considering environmental degradation-They should disclose the probable effect of the activity in polluting the environment to the authorities concerned before seeking permission to carry on the same. Ground w11ter resources-Preservation of-Held: Water shed l management/rain water harvesting/other methods of conservation of water resources and provisions thereto should be made-Funds should be created for eco-restoration in the region-Continuous inspection should be carried out to ensure compliance with the requirements for sustainable development-- If due to mining activity water level 1~~ toucheq, it should be stopped and Monitoring Committee has to carve out the area.

Notifications: Notification dated May 7, 1992-Effect of-No mining activity could be permitted in the area under plantation in Aravalli project in order to protect -,.! the ecology of the Aravalli region. Notification dated January 27, 1994-Scope of-Held: No mining operation could be commenced/renewed without Environment Impact Assessment having been done and clearance obtained from the Central Government. ·, Notification dated November 29, 1999-Scope of-Held: It stipulates preparation ofmaster plan integrating the environmental concerns andfuture land use-It has to be modified so as to indicate proposed restoration to compensate in lieu of environmental degradation and also to indicate restoration programmes.

Role of Regulatory Authorities: Role of State Pollution Control Board/Ministry of Environment and Forest/Forest Department-Held: They should undertake regular monitoring of the mining activity to check and assess an ambient air and water quality and other environmental protection measures-MOEF should monitor the ecorestoration efforts and to render technological supports thereto-Monitor implementation ofrecommendations by the expert institutions-Arouse public awareness-Monitoring Committee constituted to undertake the assigned task- Grant of renewal of mining lease should be effected only after ensuring compliance ofthe norms, public standard and safeguards-Act ofnegligence/ connivance on the part ofthe authority should be viewed seriously and principle of accountability should be followed-Forest Department could carry out afforestation on behalf of the mine-operators-The directions should also be followed in respect ofmining activity in Faridabad district in public interest.

Ruleslprovisio11s-Jnadequacy of-Held: Rules need to be made for levying charges for dump removal/ecological restoration-Appropriate technology need to be usedfor mining operations/mining land use and mining decomposing. Disputes relating to non-payment ofroyalty-Held: May be adjudicated by the appropriate forum in accordance with law. The petitions on environmental degradation due to mining activity were considered by the Supreme Court earlier, and it directed the Haryana State Pollution Control Board vide its order dated 20th November, 1995 to inspect and ascertain the impact of mining operations on the Batkal Lake and Suraj Kund, which are ecologically sensitive areas. The Board recommended that the Environmental Management Programme (EMP) should be prepared by Mine Lease Holders and become operative only after obtaining approval from the State Pollution Control Department/ Board. It also recommended stoppage of mining activities within the radius of 5 Kms. from the specified area.

The State Government had stopped mining operations in the prescribed areas. The mine-operators/lease holders raised objections and the matter was again considered by the Supreme Court, and the Court vide its order dated April 12, l 996 sought expert opinion from National Environmental Engineering Research Institute (NEERI) on the point whether the mining operations in the said area are required to be stopped in the interest of environmental protection, pollution control and tourist development. On consideration of the Reports rr_-submitted by NEERI, this Court came to the findings, that the mining activities in the vicinity of tourist resorts casting serious impact on the local ecology; that in order to preserve environment and control pollution • within the vicinity of the tourist resorts, it was necessary to stop mining activities within 2 Km. radius of these resorts; that Haryana Pollution Control Board to enforce all the recommendations as contained in Para 6.

1 of the Report; that failing to comply with the recommendations made M. C. MEHTA v. L:. 0. 1. 129 would result in the closure of the mining operations; and that the renewal of permission for mining activity shall not be granted without obtaining prior No Objection Certificate from the authorities concerned. In the meanwhile, an Interim Application has been filed by the Delhi Ridge Management Board for direction to stop mining activities and pumping of water to protect the Asola Bhatti Wild Life Sanctuary and the ridge in the interest of maintaining ecological balance in the area. This Court directed the Government of Haryana to stop all mining activities and pumping of ground water in and around the specified area.

The matter was considered further by this Court and vide its order dated 22nd July, 2002, it directed the Environmental Pollution Central Authority (EPCA) to give a report in regard to environmental pollution in the area after making a personal visit without any advance notice. EPCA visited the sites where alleged mining activities were going on and submitted a detailed report. When the report came up for consideration, some of the leaseholders complained that their mines had not been inspected by the Committee. The Court directed the Committee to carry out the inspection of these mines as well. The Committee visited these mines and submitted another report.

The Ministry of Environment and Forests, Government of India, issued a Notification dated May 7, 1992 issued under Section 3(2), Clause (5) of the Environment Protection Act r/w Rule 5 of the Rules having bearing on the aspect of mining in the Aravalli Hills whereby all new mining operations including renewal of mining lease have been prohibited. The Notification also sets out procedure for taking prior permission before undertaking any mining activity in the specified area. The powers vested in the Central Government by virtue of the said notification were delegated to the State Government by issuing notification dated November 29, 1999 by the Central Government. Subsequently, the power delegated to State Government has been withdrawn by the Central Government in terms of notification dated 28th February, 2003.

The Central Government issued another notification on January 27, 1994, which stipulated that expansion or modernization of any activity (if the pollution load exceeded the existing one) or a new project listed in Schedule I of the notification shall not be undertaken in any part of India unless it has been accorded environmental clearance by the Centra I Government. Though the notification made -\ Environment Impact Assessment mandatory but the Ministry of Environment and Forests did not carry out such assessment in respect of I ' 130 SllPREMF COURT REPORTS [20041 3 S. C. R. any of the mining lease in the area. However, the lease holders had applied for Environment Impact Assessment in terms of this Court's order dated 6'" May, 2002.

The Central Empowered Committee (CEC) was constituted by the Government of India, Ministry of Environment and Forests for the purpose of monitoring and ensuring compliance of the orders of this Court on the subject matter of forests and Wild life and ancillary issues. Since then the Committee has submitted three reports for consideration by the Court. Further, this Court vide its order dated 31st October, 2002 has directed that no mining activity could be carried out without remedial measures taking place and for this purpose it is necessary that environment impact assessment is done before any mining activity could be permitted. The main question which arose in these writ petitions is as to whether the mining activity in an area up to 5 Kms. from the Delhi-Haryana Border on the Haryana side of the ridge and al~o in the Aravalli hills caused environmental degradation.

Other aspects to be examined includes as to whether the compliance of the conditions imposed by the Pollution Boards while granting No Objection Certificate for mining as also compliance of various statutory provisions and notifications and obtaining of the '.. ( necessary clearances and permission from the concerned authorities before starting the mining activity. It was contended by the lease-holders that the order dated 6th May, 2002, passed by this Court should not be given effect to; that the National Forest Policy itself c? ntemplates for mining operations in forest area; and that pollution, if any, as generated due to mining activities did not traverse beyond the distance of I Km. and therefore stoppage of mining operations upto a distance of 5 Kms. was wholly unjustified.

State of Delhi, one of the respondents, submitted that the mining activities in the specified areas should be stopped in compliance with this Court's order dated 6th May, 2002; and that all the mining activities and the pumping of mining water in and around the area upto 5 Kms. from Delhi-Haryana border should be prohibited. Disposing of the Petitions, the C! mrt HELD: 1. 1. The natural sources of air, water and soil cannot be utilized if the utilization results in irreversible damage to environment. M. C. MEHTA v. U. O. l. 131 There has been accelerated degradation of environment primarily on account of lack of effective enforcement of environmental laws and noncompliance of the statutory norms. This Court has reiterated that right to live is a fundamental right under Article 21 of the Constitution and it includes the right of enjoyment of pollution-free water and air for full enjoyment of life. [190-D, E] Subhash Kumar v. State ofBthar, AIR (1991) SC 420; MC. Mehta v.

Union ofIndia, ll987] 4 SCC 463; Narmada Bachao Ando/an v. Union of India and Ors. , 12000] 10 SCC 664 and A. P. Pollution Control Board v. Prof M V Nayuder (Retd) and Ors. , [19991 2 SCC 718, referred to. 1. 2. 1. 2. Mining operation is hazardous in nature. It impairs ecology and people's right to natural resources. The entire process of setting up and functioning of mining operation require utmost good faith and honesty on the part of the intending entrepreneur. The fullest disclosures including the potential for increased burdens on the environment consequent upon possible increase in the quantum and degree of pollution, has to be made at the outset so that public and all those concerned including authorities may decide whether the permission can at all be granted for carrying on mining activity. 1191-D, E, F) 1. 3. The Regulatory Authorities have to act with utmost care in ensuring compliance of safeguards, norms and standards to . be observed by the entrepreneurs.

They must act in the manner enjoined upon them. Where these authorities, either connive or act negligently by not taking prompt action to prevent, avoid o~ 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. [191-F, G, HJ 1. 4. 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 but balance has to be struck. 1192-A, BJ TN Godavarman Thirumulkpad v. Union ofIndia and Ors. , [1997) 2 sec 267, referred to. 2. 1. The grant of mining lease is governed by the Mines and Minerals (Regulation and Development) Act, 1957 which was enacted to provide for the development and regulation of mines and minerals under the control of the Union oflndia.

Section 18 of the Act 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, make such rules as it thinks fit. A tentative scheme of mining and annual programme and plan for excavation from year to year for five years is required to be incorporated in the mining plan. It cannot be presumed that by approving Mining Plan and Scheme by Ministry of Mines, Central Government is deemed to have approved mining and that it could be commenced forthwith on such approval.

A mining lease holder is also required to comply with other statutory provisions of Environment (Protection) Act, 1986; Air (Prevention and Control of Pollution) Act, 1981; The Water (Prevention and Control of Pollution) Act, 1974; Forest (Conservation) Act, 1980. Mere approval of the mining plan by Government of India, Ministry of Mines would not absolve the lease holder from complying with the other provisions in the Acts. 1192-G; 193-B; G; 194-B-D] 2. 2. The lessee is required to take steps so that the overburden, waste rock, rejects and fines generated during prospecting and mining operations or tailings, slims and fines produced during sizing salting and benefication or metallurgical operations shall be stored in separate dumps which shall be properly secured to prevent escape of material therefrom in harmful quantities which may cause degradation of environment.

Wherever possible, it shall be back-filled into the mines excavation with a view to restoring the land for its original use as far as possible and wherever it is not feasible during mining operation, the waste dumps shall be suitably terraced and stabilized through vegetation or otherwise. The phased restoration, reclamation and rehabilitation of lands affected by mining operation should be undertaken and it should be completed before the conclusion of mining operations and the abandonment of mine. Air pollution due to fines, dust and smoke or gaseous emissions during mining operations and related activities shall be controlled and kept within 'permissible limits' specified under various environmental laws by the holder of mining lease. Further, noise arising out of such operations shall be abated or controlled by the lessee at the source so as to keep it within the permissible limit. The mining operations shall be carried out in such M. C. MEHTA v. U. 0. 1.

133 a manner so as to cause least damage to the flora of the area and nearby areas. Every holder of mining lease shall take immediate measures for planting in the same area or any other area not less than twice'the number of trees destroyed by reason of any mining operation and look after~them during the subsistence of the licence/lease and restore, to the extent possible, other flora destroyed by mining operations. These measures should be strictly complied with for the protecti. ,n o! environment and control of pollution. (194-F, G, H; 195-A-D] 3. 1. The basic objectives of the National Forest policy 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.

Diversion of forest land for any non-forest purpose should be subject to the most careful examinations by specialists from the standpoint of social and environmental costs and benefits. The mining and industrial development should be consistent with the needs for conservation of trees in forest. It provides that no mining lease should be . ,. i granted to any party, private or public, without a proper Mine Management Plan appraised from the environmental angle and strktly enforced. (195-F, G, H; 196-C, D] 3. 2. The mining operations on forest land could be continued so long as it is possible to undertake it on the sustainable development principles and after obtaining due approvals under ". arious statutory provisions including Section 2 of the Forest (Conservation) Act, 1980. However, the commencement and continuation of mining over the areas on which crores p of foreign funds have been spent for afforestation and plantation should not be allowed. (196-F] 4. 1.

The Notification dated 7th May, 1992 was passed with a view to strictly implement the measures to protect the ecology of the Aravalli range. Hence, any mining activity on the area under plantation under Aravalli project should not be permitted. The grant of leases for mining operation over such an area would be wholly arbitrary, unreasonable and illogical. (198-B, q 4. 2. Provisions have been made in the notification dated 29th November, 1999, for preparation of a master plan integrating the environmental concerns and the future land use of the area, but the master plan prepared so does not address the issue of natural resource assessment and water resource status; the areas near crushing zone and active mining zone remain a matter of concern and concerted efforts have not been given to the quality of roads and the dust suppression measures to maintain the quality of air within safe limits.

Though guidelines of operation in an ecofriendly manner have been issued by the State Government but its compliance was only partial. There exists no mechanism to upgrade the mining technologies and methodologies to minimize the impact due to mining in the eco-sensitive zones in the district. There is no identified land where overburden could be temporarily dumped prior to being utilized for void filling and for other purposes. There is lack of adequate awareness among the people in respect of the environmental problems. The ground water potential is already in the dark category. Lack of water conservation measures and rainwater harvesting may ultimately lead to water scarcity in the near future. Having identified the environmental problems, various actions bave been recommended by CMPDI for the eco restoration in the Aravalli Range in Gurgaon district.

It is imperative on the part of the State Government to improve inter-departmental co-ordination among various Government departments to achieve the common objective of ecological 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 should include conversion of these either to water reservoirs and eco-parks or its reclamation by filling with rural waste, urban waste or fly ash. The planning should also include environmental impact and concerns of activities of one sector on the other sectors in the district. [199-A-H; 200-A) 4. 3. All efforts should be made to preserve the ground water resources. Water shed management and rainwater harvesting have to be implemented in the Aravalli hills region on war footing.

In the areas where mining deeper than the ground water table of the area has to be carried out, adequate provision of pollution control and conservation of water resources should be made. There should be frequent inspections of the mining operations to ensure that these are in line with the requirement for sustainable development. Inspections may be carried out at an interval of three months. There should be continual source of revenue from the mining operations to the fund, recommended to be created, for the ecorestoration of the Aravalli hills. Where during mining activities water level M. C. MEHTA v. U. 0. 1. 135 is touched, the Monitoring Committee shall carve out that area and that the leaseholders would co-operate and not to undertake any mining in such area. [200-A-C; 209-AI 4. 4. The State Pollution Control Board shall undertake regular monitoring to check compliance and to assess the ambient air quality, water quality and other environmental protectior. mt~sures.

The Ministry of Environment and Forest should take initiative to appoint a Central Agency to monitor the eco-restoration efforts and to provide technical support to the implementing organizations. The renewal of mining lease and granting new leases should be effected after examining the environmental protection measures taken by the lessee. Requisite data should be displayed on the internet to arouse awareness in public and for further usage. Stringent action should be taken for water conservation. Forest Department may even carry out afforestation on behalf of mine operators. Expenses should, however, be borne by the mine operators. The mine lessee should implement the environmental management plan and mining plan approved by the concerned authority. In future, efforts in . , respect of search for sustainable development should broadly take into consideration resource potential in the region, the demand of the products and the supply options.

All future planning should not only concentrate to meet the ever growing demand of the products but 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. [200-C-HJ 4. 5. The short term and long term action plan for the restoration of environmental quality of the area should be prepared separately. The action plan should be prepared in such a way that it could be a guiding p tool in the hands of the State Pollution Control Boards and Government agencies for enforcement of the environmental laws for the restoration of environmental quality of the area. 1201-EJ 5. There is need of 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.

From the point of view of environmental protection in the Aravalli hills, planning and provisions must start from the stage of grant of mine lease. Though the environmental upgradation measures need to be taken more seriously by the mine and other industrial operators, there is need ·on the part of the State Government to immediately start these measures in the areas where degradation has already taken place. {202-E-F; 203-A-B] 6. The notification dated January 27,. 1994 mandates that the mining operation shall not be undertaken in any part of India unless environmental clearance by the Central Government has been accorded. However, in none of the leases, requirements of the notification was complied with either at the stage of initial grant of the mining lease or at the stage of renewal. No mining operation can commence without obtaining .. ,. environmental impact assessment in terms of the notification.

No doubt, the notification is prospective in effect but the question is whether it would be applicable to the cases of renewal that comes up for consideration after the issue of the notification. It cannot be said that the notification would not apply to the cases for renewal of the leases. Though the notification is not applicable to minor minerals, but having regard to degradation of environment and the required standard about the risk of harm to the environment or to human health to be decided in public interest according to 'reasonable person's test' and the report of Central Mine Planning & Design Institute Limited, the Monitoring Committee is directed to examine the leases being granted for extraction of minor mineral in light thereof '- . EPCA 1st Report and Recommendations The EPCA gave its report dated 9th August, 2002.

It would be useful to reproduce the said report in extenso as under: "Anangpur area and its vicinity : EPCA inspected the mining sites owned by Mohan Ram and Company as well as at least 5 other mining sites in this area, which EPCA is not clear who owns. At the time of visit there was no mining taking place. So EPCA members assessed level of compliance with some of the key conditions ]aid down in the NOCs. There was clear evidence of violation of the ~ I following conditions. ,.. . 1. The excavated pits should be filled with fly ash or municipal solid waste in the bottom layers. The top soil should be used as a top layer while filling the pit. Land reclamation and tree plantation should be done in a planned manner over the reclaimed mine pits. ii. The applicant shall not discharge any effluent or groundwater outside their lease premises and shall take appropriate measures for rainwater harvesting and reuse of water so as I not to affect adversely the ground water table of the area.

No mining operation shall be carried out in the water table area. 111. The green belt proposed in the environment management plan around the proposed mining lease area and along the road side shall be developed. The most serious violation noticed by the EPCA was the continuation of mining even after reaching the ground water level which has been disallowed by the regulatory agencies. Photographs taken by EPCA, which show deep mining pits have turned into large lakes of ground water. In this mining lease area EPCA members saw extensive and deep water bodies. The water was blue, indicating that this was groundwater and not surface water runoff collected in the pits. Even more serious violation noticed was configuration of water pipes laid out to draw water out of the pits to throw them 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. M. C. MEHTA v. U. 0. 1. [Y. K. SABHARWAL. J. ] 145 \,),.. 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 very close to the ecologically sensitive area ofAsola sanctuary near the Goodwill mines. Stone crushing sites in Pali : EPCA has inspected the stone crushing . :.... sites in the area. All sites had a lot of material and trucks being loaded. It is difficult to establish if these are the left over material from the past or were products from banned sites or from sites from outside the notified area. EPCA was informed that after the Hon'ble Supreme Court directive of May 2002, the stone crushers were not being operated, except between the hours of 5 am to 9 am. EPCA was, therefore, unable to verify the working conditions of these crushers. But it did not find any evidence ofafforestation as stipulated by the NEER! directive or any evidence ofdust minimizing equipment. .. , Mining around Mangar village : Again the same situation was found around Anangpur.

The villagers interviewed here were caught between the devastation of the mines, desperate shortage of drinking water and the only livelihood option that these manual stone quarries provided. Legal mining in Kot area : As mmmg is banned along the 5 km radius from the Delhi border, EPCA also visited some mines that are outside the notified area to ascertain the state of the environment. In this area, surface mining is being done and not deep mining. Therefore, '. as yet, the groundwater reserves are not being touched in this region. ) The entire area was 1ike a giant dust field. We saw no evidence of any afforestation or even dust minimising efforts being undertaken in the areas that are being mined. We did see one tanker ofwater, which was sprinkling the roads, unable to stop the dust from swirling. EPCA could not see any protection for the workers from dust.

As this area will clearly emerge as a major mining in the future, it is important that the mining area is properly demarcated and environment ~.. management plan implemented to enable scientific mining to minimize degradation of the environment. Faridabad-Gurgaon road : EPCA saw mining alongside the road. .... . Though the mines were closed because of the Hon 'ble court directive, EPCA saw vast pits and mining activity in this area. This is the road for the proposed bypass from Delhi. 3. The present laws and regulations in the area We have assessed the current applicable laws and regulations in the area, which govern land use and mining so as to understand what efforts 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. • ln 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 aU 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 Haryana Pollution Control Board as also the Central Pollution Control Board (CPCB). It stipulated that "unless both the boards grant no objection certificate, the mining leases in the said area shall not be renewed". • Mining in the 2-5 kms was allowed under condition that there would be strict adherence to the environment management plan laid down by the NEER!. It has to be noted here that the CPCB -,. · had in its report to the Hon'ble Court in 1996 stated that the "deep mining for silica is causing an ecological disaster". CPCB M. C. MEHTAv. U. O. l. [Y. K. SABHARWAL. J. ] 147 has recommended that mining activity "should be stppped within a radius of 5 kms from Badkal and Surajkund. The subsequent report of NEER! dated 20. 4. 1996, recommended green belt at I km radius all around the boundaries of the two lakes.

On this basis, the Hon 'ble Court directed that radius be extended to 2 kms for a green belt and to cushion the impacts of air and noise pollution. • The Hon 'ble Court in its order asked the agencies to ensure enforcement of the recommendations of NEERI. It directed that "failure to comply with the recommendations may result in the closure of the mining operations. " 4. Compliance and enforcement : absent and missing To discuss the future strategy for this area, it would be important to assess the track-record of the different agencies in ensuring that the previous orders and directives are enforced and complied with. I. No mining within 2 kms of Badkal and Surajkund : Probably enforced. But difficult to assess as the area is hilly. 2. Mining within 2-5 kms should get permission from Haryana Pollution Control Board and CPCB. The CPCB has issued 2 NOCs, dated December 20, 2001 and May 6, 2002. No further record has been found of NOCs given for mining in this area.

EPCA has not been able to find the NOCs granted by the Haryana Pollution Control Board. Compliance with the environmental management plans recommended by NEERI as directed by the Hon'ble Supreme Court. S. No. Directive Enforced or not ' / 1. 200 mts wide green belt along Shrubs and wild growth. No real Surajkund and Badkal evidence of good afforestation. 2. I00 mts wide green belt outside Definitely not done. EPCA did not mining lease boundary see afforestation, except for some recent plantation of dying and dead trees in one or two places. The sign boards were more prominent than the trees they were supposed to show. .... . 3. 100 mts open peripheral area Not done around stone crusher zone with green belt 4. Green belt on either side of the We saw large scale construction on road between Surajkund and th is road - from schools to Badkal. management colleges and housing colonies. 5.

Mining should commence only There is no evidence of an after the environmental environmental management plan management plan (EMP) is being adhered to in this region. approved by a designated authority 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 No evidence approved mining plan 2. Excavated pit to be filled by EPCA saw no evidence that this fly ash or municipal solid waste recommendation had even been in the bottom layers. attempted to be followed. All Overburden should be used in abandoned mines were left open and the middle layer. Top soil on degraded. The entire region was top layer and afforestation. pockmarked with deep holes and overburdens. 3. No discharge of effluent or Not done. Gross violation. See groundwater outside lease section on water for details. premises.

Must take measures for rain water harvesting and reuse of water so as not to affect the groundwater table in the areas. No mining operations shall be carried out in the water table area. M. C. MEHTA v. U. 0. 1. [Y. K. SABHARWAL, J] 149 I . }. 4. Ambient air quality standards No evidence. Mine was closed. to be complied with. 5. Noise level at the boundary No evidence. Mine was closed. shall conform with noise standards. 6. Green belt around lease area Not done. and roadside 7. Clearance of groundwater No evidence. Groundwater board has board for the usage of the not given any clearance that we groundwater will be obtained, could ascertain. for the conservation of groundwater and to ascertain that there will be no impacts on the groundwater table ofthe area.

From the above, it is clear that little or nothing has been done to seriously comply with the directives of the Hon'ble Supreme Court as well as to enforce the regulations and conditions laid down by the authorities for environmental management of the mining areas. 5. Impact on groundwater reserves It has been argued by the Government of Haryana in its IA no. 1785 of 2001 that the expert committee constituted by it under the Chairmanship of the principal conservator of forests has submitted that there is a water divide between the two boundaries of the two States which prevents the flow of water from Delhi side to Haryana side. It has, therefore, argued that the mining on the Haryana side is not affecting the water balance in the Delhi side of the ridge. It has further said that only in four pits the groundwater was pumped regularly and in two pits occasionally. Therefore, it has argued that little or no impact on groundwater reserves is possible. 5. 1.

Groundwater Board EPCA requested the Central Ground Water Board (CGWB) for its opinion. The Board has based its recommendations on the data available with it as well as a field survey. . J... The key issues are : 1. On the issue of the ridge providing a water divide between the two States, the CGWB has maintained that while the surface water divide follows the Delhi-Haryana border, except in the catchment of Bhuria Nala, 'the surface water divide may not be the groundwater divide in the strict sense due to secondary porosity and also flat topped nature of the hills. ' It also states that the Aravalli hills are highly fractured, jointed and weathered making the major recharge zone for the surrounding areas. 2. On 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 welis 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 groundwater was discharged into a nala to the Badkal lake and from Manger mine towards Dhauj lake causing "enormous losses to groundwater resources of the area". The mined water is also full of silt, which reduces recharge as well. '":,,i 4. Furthermore, CGWB notes that the large surface lakes in the mines are leading to huge losses of groundwater through M. C. MEHTA v. U. 0. 1. [Y. K. SABHARWAL. J. ] 151 '. i.. evaporation. 5. The Central Ground Water Authority (CGWA) has notified these areas - South district of NCT Delhi, Faridabad, Ballabhgarh Municipal Corporation area, Gurgaon town as water stressed areas and has put regulatory measures on ground water development in these areas.

Given all this, CGWB concludes that the "dewatering of mines in the Aravalli hills has affected groundwater regimes of the mine area as well as buffer zone resulting in the depletion of ground water resources. " 5. 2. Compliance with groundwater related regulations The NOC given by the Central Pollution Control Board, includes an explicit condition regarding ground water : That the mine owner will ensure that there is no discharge of effluent of ground water outside lease premises. They must take measures for rain water harvesting and reuse of water so as not to affect the groundwater table in the areas. Most importantly, it stipulates that no mining operations shall be carried out in the water table area. This condition has been grossly violated. Even the Haryana government's affidavit in court accepts that pumping of ground water is taking place, though it attempts to soften the issue by arguing that it is only being done in a few cases.

Under this condition, mining is not allowed in the water table area. EPCA saw deep and extensive pits of mines with vast water bodies. EPCA also saw evidence of pumps and pipes being used to drain out the ground water so that mining could continue. Therefore, the miners are mining for silica, but also in the process, mining and destroying the ground water reserves of the areas. In times of such water stress and desperation, this water mining is nothing less than a gross act of wastage of a key resource. This time the stress has been further aggravated by the failure of monsoon. Notices have been issued in the nearby housing colonies stating that fall in groundwater table due to lack of rains is responsible for water shortage in the area this season. This only indicates how important it I --( is to conserve ground water in the region for long term sustainability of drinking water sources. Ground water is the only source of drinking water here.

" On the basis of study and visn as well as the report of the Central Ground Water Board, EPCA made the following recommendations : "I . 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. Already, all the villages visited by EPCA complained of dire and desperate shortages of drinking water. Women talked about long queues before taps to collect water. Clearly, water resources of the region are critical inputs to development and cannot be wasted and destroyed like this. The state government must come up with strategies to involve local communities in the future development of this region. _, We have been given to understand that under the mining lease, - controlling and abating environmental pollution, to be exercised also by the State Governments as notified in the Notification of the Government of India in the Ministry of Environment and Forests S. O. N0.

3 l9(E) dated 7th May, 1992 subject to certain conditions which are as follows : (i) the State Governments concerned, namely, Haryana and Rajasthan shall constitute an Expert Committee for each state as per the composition given in the Schedule-I annexed to this Notification; (ii) each State Government shall also constitute a Monitoring Committee, under the chairmanship of the District Collector concerned (Gurgaon in Haryana and Alwar in Rajasthan) as given in the Schedule-II annexed to this Notification which shall inter alia monitor the compliance of the conditions stipulated while according environmental clearance by such State Governments and report to such State Government about the violations, if any, and the action taken thereon; (iii) The District Collectors of Gurgaon in Haryana and Alwar in Rajasthan shall be authorised by the respective State Governments to take necessary action under section 5 of the said Act in respect of cases where the project proponents fail to implement the conditions.

2. The State Government concerned shall initiate steps to prepare a Master Plan for the development ofthe area covered by the Notification S. O. 3J9(E) dated 7th May, 1992 integrating environmental concerns and keeping in view the future land use of the area. This Master Plan shall be prepared by the concerned state agency, approved by the competent authority and finally published within two years from the date of issue of this Notification, in accordance with the procedure laid down in the Town and Country Planning Act or any other similar Act of the respective State Government. The State Government concerned shall implement the Master Plan forthwith after its final publication. 3. Any person desirous of undertaking any ofthe activities mentioned M. C. MEHTA v. U. 0. 1. [Y. K. SABHARWAL•. l. ] 177 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.

" Schedule I and II of the notification sets out the composition of the Expert Committee and of the Monitoring Committee. Some controversy and confusion in respect of constitution of committees insofar as it relates to appointment of an expert from non-government organization, was brought to our notice but the delegation in favour of State Governments having been withdrawn now, it is not necessary to examine this aspect. The Central Government, in terms of notification dated 28th February, 2003, has withdrawn the delegation in favour of State Governments. Notification of 27th January, 1994 Regarding Environment Impact Assessment (EIA) Another notification which is of considerable importance on aspect of mining is dated 27'h January, 1994, as amended on 4•h May, 1994.

The notification has been issued by Ministry of Environment and Forest, Government of India, in exercise of powers conferred by sub-section ( l) and clause (5) of sub-section (2) of Section 3 of the EP Act read with clause (d) of sub-rule (3) of Rule 6 of the EP Rules stipulating that expansion or modernization of any activity (if the pollution load is to exceed the existing one) or a new project listed in Schedule I of the 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 specified in the notification. The issue in these matters is about the interpretation of the notification, its applicability also to mining leases granted earlier to the issue of the notification i. e. at the time ofthe renewal ofsuch mining lease. The notification dated 27•h January, 1994, to the extent material for the present purpose, reads as under : "S. 0.

60(E) Whereas a notification under clause (a) of sub-rule (3) of rule 5 ot the Environment (Protection) Rules, 1986 inviting objections from the public within sixty days from the date of publication of the said notification, against the intention of the Central Government to impose restrictions and prohibitions on the expansion and modernization of any activity or new projects being undertaken in any part of India unless environmental clearance has been accorded by the Central Government or the State Government in accordance with the procedure specified in that notification was published as S. O. No. 80(E) dated 28th January, 1993: And whereas all objections received have been duly considered; y Now, therefore, in exercise of the powers conferred by sub-section (I) 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 Govef!

lment 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 J • with the procedure hereinafter specified in this notification. 2. Requirements and procedure for seeking environmental clearance of projects: I. (a) Any person who desires to un . ertake 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. ~ M. C. MEHTAv. U 0. 1. [Y. K. SABHARWAL, .

I] 179 'fhe application shall be made in the proforma specified in Schedule II of this notification and shall be accompanied by project report which shall, inter a/ia, include an Environmental Impact Assessment Report/Environment Management Plan prepared in accordance with the guidelines issued by the Central Government in the Ministry of Environment and Forests from time to time. (b) Cases rejected due to submission of insufficient or inadequate data and plans may be reviewed as and when submitted with complete data and plans. Submission of incomplete data or plans for the second time would itself be a sufficient reason for the Impact Assessment Agency to reject the case summarily. II. In case of the following site specific projects: (a) mining; (b) to (d) (e) prospecting and exploration of major minerals in areas above 500 ha.

, The project authorities will intimate the location of the project site to the Central Government in the Ministry of Environment and Forests while initiating any investigation and surveys. The Central Government in the Ministry of Environment and Forests will convey a decision regarding suitability or otherwise of the proposed site within a maximum period of thirty days. The said site clearance shall be granted for a sanctioned capacity and shall be valid for a period of five years for commencing the construction, operation or mining. ,Jo. III. (a) The reports submitted with the application shall be evaluated ) ! and assessed by the Impact Assessment Agency, and if deemed necessary it may consult a Committee of Experts, having a composition as specified in Schedule-III of this Notification. The Impact Assessment Agency (! AA) would be the Union Ministry of Environment and Forests.

The Committee of Experts mentioned above shall be constituted by the IAA or such other body under the Central Government authorised by the ! AA in this regard. (b) The said Committee of Experts shall have full right of entry and inspection of the site or, as the case may be, factory premises at any time prior to. during or after the commencement of the ~ . J operations relating to the project (c) The Impact Assessment Agency shall prepare a set of recommendations based on technical assessment of documents and data, furnished by the project authorities, supplemented by data collected during visits to sites or factories, if undertaken, and interaction with affected population and environmental groups, if necessary. Summary ofthe reports, 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 ofthe 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 fmm 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 construct:on or operation. No construction work preliminary or otherwise, relating to the setting up ofthe project may be undertaken till the environmental and/or site clearance is obtained. .. > J • IV.

In order to enable the Impact Assessment Agency to monitor effectively the implementation of the recommendations and conditions subject to which the environmental clearance has been given the project authorities concerned shall submit a half-yearly report to the Impact Assessment Agency. Subject to the public interest, the Impact Assessment Agency, shall make compliance reports publicly available. i;' v. If no comments from the Impact Assessment Agency are received within the time limit, the project would be deemed to have been M. C. MEHTA v. U. O. l. [Y. K. SABHARWAL, J. ] 181 approved as proposed by project authorities. 3. Nothing contained in this Notification shall apply to : (a) any item falling under entry nos. 3, 18 and 20 of the Schedule I to be located or proposed to be located in the areas covered by the Notifications S. O. No. I02(E) dated Ist February, 1989; S. O. l 14(E) dated 20th February, 1991, ~. O. ~fo. 416(E) dated 20th June, 1991 and S. O. No.

319(E) dated 7th May, 1992. ·(b) any item falling under entry Nos. I, 2, 3, 4, 5, 7, 9, 10, 12, 13, 14, 16, 17, 19, 21, 25 and 27 of Schedule-I if the investment is less than Rs. 50 crores. (c) any item reserved for Small Scale Industrial sector with investments less than Rs. I crore. 4. Concealing factual data or submission of faise, misleading data/ reports, decisions or recommendations would lead to the project being rejected. Approval, if granted earlier on the basis of false data would also be to be revoked. Misleading and wrong information will cover the following : False information; False data; Engineered reports; Concealing of factual data; False recommendations of decisions; SCHEDULE-I (See paras 1 and 2) LIST OF PROJECTS REQUIRING ENVIRONMENTAL CLEARANCE FROM THE CENTRAL GOVERNMENT. I. Nuclear Power and related projects such as Heavy Water Plants, nuclear fuel complex, rare earths. 2 to 19 20. Mining projects (major minerals) with leases more than 5 hectares.

21 to 29 xxxx xxxx xx xx SCHEDULE III (See sub-para III(a) of Para 2) COMPOSITION OF THE EXPERT COMMITTEES FOR ENVIRONMENTAL IMPACT ASSESSMENT I. The Committee will consist of experts in the following disciplines: (i) Eco-System Management (ii) Air/Water Pollution Control (iii) Water Resource Management (iv) Flora/Fauna Conservation and Management (v) Land Use Planning (vi) Social Sciences/Rehabilitation (vii) Project Appraisal (viii)Ecology (ix) Environmental Health (x) Subject Area Specialists. (xi) Representatives ofNGOs/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 . ,I. except those specifically nominated as representatives. I• 5. The membership of a Committee shall not exceed 15.

EXPLANATORY NOTE REGARDING THE IMPACT ASSESSMENT NOTIFICATION DATED 27TH JANUARY, 1994 I to 3.... 4. Public Hearing M. C. MEHTA v. U. 0. 1. [Y. K SABHARWAL. l] 183 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 ! AA. However, those units who have not as yet commenced production will inform the ! AA. " Reference may also be made to a notification issued by the Haryana Government on November 28, 200 I with a view to enforce the recommendations of NEER! contained in para 6.

1 of its report so far as mining operations in the State of Haryana are concerned. In terms of the notification, the Designated Authority and the Monitoring Committee were directed to impose the conditions mentioned in the notification while according environmental clearance. This notification, it seems, was issued in the purported attempt to comply with the directions of this Court as contained in the order dated 10th May, 1996 as reported in MC. Mehta's case (supra). We may also refer to the circular dated May 14, 2002 issued by the Ministry of Environment and Forest noticing that in the past several units had come up in violation of the notification dated 27th January, 1994 and a view had been taken earlier that such units are permitted to apply for environment clearance by 31st March, 1999. For period of five years, there was no circular or notification granting any time to apply for EIA under notification dated l 27th January, 1994.

The period to apply for environment clearance was l extended upto 30th June, 200 I which deadline was extended upto 31st March, 2003, stating that it was to give opportunity to defaulting units to avail of the last and final opportunity to obtain ex post facto environment clearance. The notification dated 27th January, 1994 is applicable also to construction activity. It seems that this circular was issued to give opportunity to those who had undertaken constructions after issue of notification without compliance of stipulations therein. We are, however, not concerned in these matters with the construction which may have come up in breach of the notification. It does not appear that MOEF intended to legalise the commencement or continuance of mining activity without compliance of stipulations of the notification. In any case, a statutory notification cannot be notified by issue of ·circular.

Further, if MOEF intended to apply this circular also to mining activity commenced and continued in violation of this notification, it would also show total non-sensitivity of MOEF to the principles of sustainable development and the object behind the issue of notification. The circular has no applicability to the mining activity. Central Empowered Committee (CEC) - Its Suggestions 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. 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 ofthis 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 y 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 implementation of the orders of this Court and place reports of non-compliance· before the Court including in respect of encroachment and removals, working plans, compensatory afforestation, plantations and other conservation issues. ,..

In the order dated 31st October, 2002, this Court has observed that no I• mining activity can be carried out without remedial measures taking place and for this purpose, it is necessary that environment impact assessment is done and the applications dealt with before any mining activity can be permitted. It was also observed that the application of lease holders for environmental clearance can be disposed of them of within a period to be specified by this Court. In terms of order dated 25th November, 2002, the Central Empowered Committee was asked to file its suggestions in regard to the time for considering the applications for grant of EIA. The CEC had received large number of voluminous Environment Impact Assessment plans only in the last few days which are being examined further stating that the M. C. MEHTA v. U. O. L jY. K. SABHARWAL. . I. ] 185 process of examination and formulation of suggestions is likely to take some more time.

On 24th January, 2003, the CEC was granted time to file its report upto. -8th Tebruary, 2003. CEC has filed three reports, the last h l I steps so that the overburden, waste rock, rejects and fines generated during prospecting and mining operations or tailings, slims and fines produced during sizing salting and benefication or metallurgical operations shall be stored in separate dumps which shall be properly secured to prevent escape of material therefrom in harmful quantities which may cause degradation of environment. Wherever possible, the waste rock, overburden etc. shall be back-filled into the mines excavation with a view to restoring the land for its original use as far as possible and wherever it is not feasible during mining operation, the waste dumps shall be suitably tarraced and stabilized through vegetation or otherwise. It is also required thnt the phased restoration, reclamation and M. C. MEHTA''· U. 0. 1. [Y. K. SABHARWAL. . I.

) 195 rehabilitation of lands affected by mining operation shall be undertaken which work shall be completed before the conclusion of mining operations and the abandonment of mine. Air pollution due to fines, dust and smoke or gaseous emissions during mining operations and related activities shall be controlled and kept within 'permissible limits' specified under various environmental laws of the country including the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 by the holder of mining lease. Further, noise arising out of such operations shall be abated or controlled by the lessee at the source so as to keep it within the permissible limit. The mining operations shall be carried out in such a manner so as to cause least damage to the flora of the area and nearby areas.

Every holder of mining lease shall take immediate measures for planting in the same area or any ether area as selected by the authorized officer and not less than twice the number of trees destroyed by reason of any mining operation and look after them during the subsistence of the licence/lease and restore, to the extent possible, other flora destroyed by mining operations. The aforesaid measures are not required to remain only on paper but strictly complied for the protection of environment and control of pollution as a result and consequence of mining operations. National Forest Policy In respect of mining in the forest area, we may also refer to the National Forest Policy, 1988 issued by Ministry ofEnviromnent and Forest, Government of India which, inter alia, notices that over the years, forests in the country have suffered serious depletion. One of the reason of it is· inadequacy of • protection measure and diversion of forest land to non-forest uses.

Without ensuring compensatory afforestation and essential environmental safeguards; and the tendency to look upon forests as revenue earning resource. The basic J.. 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 I/3rd of the total land 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 196 Slll'REME COURT REPORTS [2004] 3 S. C. R.

provides that a massive need based and 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 The question of permitting mining in the area where large scale of afforestation with foreign funding has taken place is required to be examined keeping in view the National Forest Policy which also provides that forest land or land with tree cover should not be treated merely as a resource readily available to be utilized for various projects and programmes but as a national asset which requires to be properly safeguarded for providing sustained benefits to the entire community. Diversion of forest land for any non-forest purpose should be subject to the most careful examinations by specialists from the standpoint of social and environmental costs and benefits.

The mining and industrial development should be consistent with the needs for conservation of trees in forest. It provides that no mining should be granted to any party, private or public, without a proper mine management plan appraised from the environmental angle and enforced by adequate machinery. Our attention was drawn by learned counsel appearing for lease-holders to the part of national policy which provides that beneficiaries who are allowed mining and quarrying in forest land and in land covered by trees should be required to repair and re-vegetate the area in accordance with established forestry practices to submit that the policy itself contemplates mining • operations in the forest area.

For present, we are not suggesting a complete ban of mining operations on forest land so long as it is possible to undertake the said operation on the sustainable development principles and after obtaining due approvals under various statutory provisions including Section 2 of the Forest (Conservation) Act, 1980. At the same time, we are unable to appreciate the commencement and continuation of mining over areas on which crores of the foreign funds have been spent for afforestation and plantation. Further, it is also not possible to accept the contention urged on behalf of the lease holders that only that part of such leased land where allegedly damage has been caused to plantation as a result of mining operations, be excluded from mining and not the entire area of the lease. For example, if the mining area is 5 hectare and damages as a result of mining is to plantation in an area of I hectare, it is not practicable or reasonable to exclude only that I hectare \ M. C. MEHTA v. U. 0. 1.

[Y. K. SABHARWAL. . l. J 197 and permit the mining operation on the rest of the mining area. Reference can ·-+ also be usefully made to the part of the State of Forest 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 tv plantation raised under the Aravall_i 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 -1.

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 natio11al 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 programme was envisaged to bring the benefit of integrated development of the Aravalli eco-system to the whole community, pat1icularly, -~ to the poorer sections. The project, it is stated, has been implemented in Aravalli hills situated in the five districts of Haryana including Gurgaon.

One ofthe expected outcome ofthe project is the reduced soil erosion and improved water regime in the rehabilitated area will be drastically reduce and run-off leading to recharge of constantly depleting ground water resources. It records that Haryana Forest Department has implemented a project on the ecorestoration of common lands in the Aravalli hills. from June 1990 to October I999. The project is being funded by Delegation of European Communities. The total cost was 28. 8 million ECU in which external assistance was to the extent of 23. 2 million EUC. ~. Aravallis Hill Range The Aravallis, most distinctive and ancient mountain chain of peninsular India, mark the site of one of the oldest geological formations in the world. Heavily eroded and with exposed outcrops of the slate rock and granite, it has summits reaching 4950 feet above sea level.

Due to its geological location, the Aravalli range harbours a mix of Saharan, Ethiopian, Peninsular, oriental and even Malayan elements of flora and fauna. In the early part of this century, the Aravallis . were well wooded. There were dense forests with waterfalls and one could encounter a large number of wild animals. Today, the changes in the environment at Aravalli are severe. Though one finds a number of tree species in the hills, timber quality trees have almost disappeared. Despite the increase of population resulting in increase of demand from the forest, It cannot be questioned nor has been questioned that to save the .. ecology of the Aravalli mountain, the laws have to be strictly implemented. The notification dated 7th May, 1992 was passed with a view to strictly implement the measures to protect the ecology of the Aravalli range. The notification was followed more in its breach.

In the aforesaid background, any mining activity on the area under plantation under Aravalli project cannot be permitted. The grant of leases for mining operation over such an area would be wholly arbitrary, unreasonable and illogical. Report of CMPDI on Araval/i The Central Mine Planning & Design Institute Limited (CMPDI) on being asked 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 Aravall i range in Gurgaon district has been prepared by CMPDI with the following objectives : l. 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 for restoration of environmental quality. ' ' 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 addressed keeping in view the environmental degradation of the Aravalli Hills. It has also been noticed that the Aravalli notification restricts process and operations under certain M. C. MEHTAv. U. 0. J. [Y. K. SABHARWAL. .!. ] 199 categories of the land in district.

Though the records of such lands are available at every village level map, there is no record available in the district level in respect of these areas to undertake realistic appraisal and effective monitoring of mining and other projects at the macro level on such lands. While noticing that, notification dated 29th November, 1999, inter alia, made provision for preparing a master plan integrating the environmental concerns and the future land use of the area, but the master plan prepared un Uth August, 2002 does not, inter a/ia, address the issue of natural resource assessment and water Resource status; the areas near crushing zone and acfr1e mining zone remain a matter of concern and concerted efforts have not been given to the quality of roads and the dust suppression measures to maintain the air quality within safe limits. The guidelines of operation in an eco-friendly manner have been issued by the State Government but the compliance is only partial.

inasmuch as wind breaking walls are not proper, pollution control devices are not operating and the green belt around the crushing zones are not maintained. Identification of mines in the district is difficult. There does not seem to be mechanism to upgrade the mining technologies and methodologies to minimize the impact due to mining in the eco-sensitive zones in the district. There is no identified land where overburden could be temporarily dumped prior to being utilized for void filling and for other purposes. There does not seem to adequate awareness among the people in respect of the environmental problems. In some parts of the district, the ground water potential is already in the dark category. Lack of water conservation measures and rainwater harvesting may ultimately lead to water scarcity in the near future. Having identified the environmental problems, various actions have been recommended by CMPD! for the eco restoration in the Aravalli Range in Gurgaon district.

It has been, inter alia, recommended that it is imperative on the part of the State Government to improve inter-departmental co- ' ordination among various Government departments to achieve the common I objective, i. e. , ecological 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 concern& ofactivities 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 table of the area is to be carried out, adequate provision of pollution control and conservation of water resources should be made. There should be frequent inspections of the mining operations to ensure that these are in line with the requirement for sustainable development. The inspections may be carried out at an interval of three months. There should be continual source of revenue from the mining operations to the fund, recommended to be created, for the eco-restoration of the Aravalli hills. The minimum period of lease should be for 15-20 years.

This will induce the mine operators to take environmental protection measures more eriously. The State Pollution Control Board shall undertake regular monitoring to check compliance and to assess the ambient air quality, water quality and other environmental protection measures. The Ministry of Environment and Forest should take initiative to appoint a Central Agency to monitor the eco-restoration efforts and to provide technical support to the implementing organizations. The renewal of mining lease and granting new leases should be effected after examining the environmental protection measures taken by the lessee. Requisite data should be displayed on the internet to arouse awareness in public and for further usage. Stringent action should be taken for water conservation. The Forest Department may even carry out the afforestation on behalf of mine operators. Expenses should, however, be borne by the mine operators.

The afforestation shall be carried out keeping in view, inter alia, the consideration of checking the soil erosion. The mine lessee should. implement the environmental management plan and mining plan approved by the concerned authority. In future, efforts in respect of search for sustainable development should broadly take into consideration ,. resource potential in the region, the demand of the products and the supply I . options. Though the demand for the niche products existing in the AravalJ:i range which is one of the oldest mountain ranges in India will continue to grow, the supply options need to be given a closer look due to eco-sensitivity of the region. The environmental cost needs to be internalized in the cost of the product and there is need to limit the supply options. Noticing that t