DHARMENDRA KUMAR SINGH Vs. STATE OF UTTAR PRADESH
SUPREME COURT OF INDIA
DHARMENDRA KUMAR SINGH
STATE OF UTTAR PRADESH
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SANJAY KISHAN KAUL, J. -
(1.)An ideological battle often rages between preservation of environment and economic development. Mining activity and the manner in which it is carried on has had its proponents and opponents. Its necessity as an input for economic development is recognised but mining activity throughout our country for minerals or sands has had a troubled history on account of large-scale violations. This has also resulted in a ban on mining activity in certain areas at certain times - not the ideal method, but leaving little option open because of the rampant misuse of the licences to mine. The present litigation, in a sense, flows from the concern to regulate mining activity in eco-sensitive areas.
The Factual Development:
(2.)The fact flow of the present case shows that what we are faced with today has its seeds in prior litigation and orders passed in the past in the interest of ecology, yet some persons who had succeeded in the initial battle to carry out mining activity are faced with the consequences of orders passed in other litigations. It is this conundrum, which would have to be resolved by this Court.
(3.)Mining leases granted to projects in the mineral rich district of Sonbhadra, carved out of the district Mirzapur in the State of Uttar Pradesh (for short 'State of UP') in 1989 is the starting point. The All India Kaimur People's Front (for short 'AIKPF') filed an application before the National Green Tribunal, New Delhi (for short 'NGT'), being O.A. No.429/2016, inter alia seeking directions for immediate prohibition of alleged illegal mining in the vicinity of Kaimur Wildlife Sanctuary located in Village Billi Markundi in Sonbhadra District. The area being ecologically sensitive and preservation of wildlife being the objective, the NGT issued notices in the matter.
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