Case Note & Summary
The dispute arose from the auction notices issued by the Department of Mines and Geology, Government of Haryana, proposing the extraction of minor minerals in various districts. The petitioners challenged the validity of these notices, citing concerns over illegal mining and environmental degradation. The court directed the Central Empowered Committee (CEC) to inspect the areas and report on the environmental impact of the proposed mining activities. The CEC's report highlighted serious concerns regarding illegal mining and the lack of environmental assessments, particularly in fragile ecosystems like the Shivalik hills. The petitioners argued that the mining activities would lead to significant ecological damage, while the State of Haryana contended that adequate precautions were in place. The court emphasized the need for a comprehensive environmental assessment plan, particularly for mining activities that could collectively have significant adverse impacts despite being individually small. It noted the importance of adhering to the Environmental Impact Assessment Notification of 2006 and the necessity of not circumventing it by fragmenting mining areas into smaller plots. The court ultimately directed all states and union territories to comply with the Ministry of Environment and Forests' recommendations and to ensure that no mining leases for areas less than five hectares are granted without prior environmental clearance. The decision underscored the need for sustainable mining practices and the protection of biodiversity and river ecosystems.
Headnote
A) Environmental Law - Mining Regulations - Compliance with Environmental Guidelines - Mines and Minerals (Development and Regulation) Act, 1957, Section 15 - The court directed that all states and union territories must implement the recommendations of the Ministry of Environment and Forests regarding mining of minor minerals, ensuring environmental assessments are conducted prior to granting leases. The auction notices were found to potentially violate environmental safeguards, necessitating immediate compliance with established guidelines (Paras 17-19).
Issue of Consideration
Whether the auction notices for minor mineral extraction comply with environmental regulations and impact assessments.
Final Decision
The court directed all states and union territories to implement the recommendations of the Ministry of Environment and Forests regarding mining of minor minerals and to ensure that no leases for areas less than five hectares are granted without environmental clearance.
Law Points
- Environmental Impact Assessment
- Minor Minerals Regulation
- Sustainable Mining Practices
- Environmental Clearance
- Mining Lease Regulations
