Supreme Court Upholds Environmental Protection Measures in Mining Operations — Key Rulings on Limestone Quarries.

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Case Note & Summary

The case involved writ petitions concerning the mining of limestone quarries in the Dehradun area, raising significant environmental concerns. The Supreme Court appointed the Bhargav Committee to inspect the quarries and classify them based on their environmental impact. The Court found that quarries classified in category (c) should be closed due to their adverse effects, terminating any existing leases without liability to the State. The Court also directed that quarries in category (b) should not operate and emphasized the need for a high-powered committee, led by Mr. Bandyopadhyay, to assess the viability of mining operations in other categories. The Court recognized the conflict between development and ecological preservation, highlighting the necessity of balancing these interests. It mandated that any mining operations must comply with the Mines Act, 1952, and other relevant regulations. The Court also ordered immediate reclamation and afforestation of closed quarries, ensuring displaced workers would be prioritized for employment in these efforts. The decision underscored the importance of protecting the environment while addressing the economic implications for the lessees involved in limestone mining.

Headnote

A) Environmental Law - Mining Operations - Closure of Limestone Quarries - Constitution of India, Article 32 - The Court directed the closure of limestone quarries classified in category (c) by the Bhargav Committee due to environmental concerns, terminating any subsisting leases without liability against the State. The decision emphasized the need for ecological balance and public health (Paras 175-176).

B) Environmental Law - Committee Recommendations - Appointment of High-Powered Committee - Constitution of India, Article 32 - The Court appointed the Bandyopadhyay Committee to evaluate mining schemes for limestone quarries, ensuring compliance with environmental regulations before allowing operations. This aimed to reconcile development with conservation (Paras 177-179).

C) Environmental Law - Reclamation and Employment - Environmental Rehabilitation - Constitution of India, Article 32 - The Court mandated reclamation and afforestation for closed quarries, directing the Government to prioritize employment for displaced workers in these initiatives, balancing economic and environmental interests (Paras 180-181).

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Issue of Consideration

Whether the mining operations of limestone quarries in Dehradun should be allowed to continue or be closed down based on environmental concerns.

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Final Decision

The Supreme Court ordered the closure of limestone quarries classified in category (c) by the Bhargav Committee, terminating any existing leases without liability to the State. It appointed the Bandyopadhyay Committee to evaluate mining schemes for other categories and mandated reclamation and afforestation for closed quarries.

Law Points

  • Environmental law
  • mining regulations
  • ecological balance
  • jurisdiction of courts
  • committee recommendations
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Case Details

1985 LawText (SC) (03) 18

Writ Petition Nos. 8209 & 8821 of 83

1985-03-12

Bhagwati, P.N. Sen, Amareindra Nath Misra, Rangnath

1985 AIR 652, 1985 SCR (3) 169, 1985 SCC (2) 431, 1985 SCALE (1) 408

M.K. Ramamurthi, B. Dutta, Anil Divan, Dr. L.M. Singhvi, O.P. Rana, S.N. Kackar, M.C. Bhandare, Shanti Bhushan, Milan K. Banerji, Additional Solicitor General, M.A. Krishnamoorthy, Rishi Kesh, K.N. Bhat, M.G. Ramachandran, Miss A. Subhashini, K.K. Jain, A.D. Sangar, P. Dayal, C.V. Subba Rao, Raju Ramachandran, S.M. Suri, R.N. Mehrotra, S.M. Suri, C.M. Nayyar, Harjinder Singh, G.N. Rao, M. Karanjawala, Shakeel Ahmed Syed, S.K. Jain, Mrs. Shobha Dikshit, P.P. Juneja, P.K. Jain, J.B.D. & Co., Indra Makwana, A. Subba Rao, B.P. Singh, Parijat Sinha, C.P. Lal, Shri Narain, S.K. Gupta, K.R. Namiar, S.S. Jauhar, D. M. Nargolkar, Mrs. Rani Chhabra, Kapil Sibbal, B.P. Maheshwari, R.P. Singh, S.A. Syed

Rural Litigation and Entitlement Kendra Dehradun & Ors.

State of U.P. & Ors.

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Nature of Litigation

Writ petitions concerning the mining of limestone quarries in Dehradun.

Remedy Sought

Closure of limestone quarries and termination of mining leases.

Filing Reason

Environmental concerns regarding the impact of mining operations.

Previous Decisions

The Bhargav Committee classified quarries based on environmental impact.

Issues

Closure of limestone quarries due to environmental concerns Appointment of a committee to assess mining operations

Submissions/Arguments

The petitioners argued for the closure of quarries due to environmental damage. The respondents contended for the continuation of mining operations based on existing leases.

Ratio Decidendi

The Court emphasized the need for balancing development with environmental protection, asserting that mining operations must comply with statutory regulations to safeguard ecological interests.

Judgment Excerpts

The Court is clearly of the view that so far as the lime stone quarries classified in category (c) in the Bhargav Committee Report are concerned, which have already been closed down under the directions of the Bhargav Committee, should not be allowed to be operated. The Court would also direct, agreeing with the Report made by the Working Group that the lime stone quarries placed in category 2 by the Working Group other than those which are placed in categories (B) and (C) by the Bhargav Committee should also not be allowed to be operated.

Procedural History

The Court appointed the Bhargav Committee to inspect limestone quarries and classify them based on environmental impact. Following the Committee's reports, the Court issued orders regarding the operation and closure of various quarries.

Acts & Sections

  • Constitution of India: Article 32, Article 48A
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