- (1.) There are several applications which have been filed before us by one party or the other following upon the order made by us in these writ petitions on 12th March, 1985 (reported in AIR 1985 SC 652) Some of the applications have already been disposed of by an order made by us on 3rd May 1985 and the remaining applications are being disposed of by this order.
(2.) We will first take up civil miscellaneous petition No. 17895 of 1985. This application relates to the lime stone quarry leased out to one C. G. Gujaral under lease No. 101. It is pointed out by C. G. Gujaral in this application that the lime stone quarry forming the subject matter of lease No. 101 is outside the City Board of Mussorie and is 18 Kms. away from Mussorie and 35 Kms. away from Dehradun and it has not been considered either by the Bhargava Committee or by the Working Group appointed by the Government of India headed by Shri D. N. Bhargava. The result is that it is not, possible to say whether this lime stone quarry falls within category A, B or C of the Bhargava Committee Report or within category I or II of the Working Group Report. C. G. Gujaral has therefore submitted in this application that he should be permitted to carry on mining operation in this lime stone quarry forming the subject matter of lease No. 101. It is true and this is not disputed by the petitioner or by the Union of India or the State of Uttar Pradesh, that the lime stone quarry forming the subject matter of lease No. 101 has not received consideration at the hands of the Bhargava Committee or the Working Group and it is therefore not possible to say in which category it falls. But for that reason alone, we cannot permit C. G. Gujaral to carry on mining operations in this lime stone quarry. It will have to be ascertained as to in which category this limestone quarry falls in order to decide what treatment it should receive at our hands. We would therefore request the Bhargava Committee consisting of Shri D. N. Bhargav, Shri M. S. Kahlon and Col. P. Misra to visit this lime stone quarry for the purpose of determining in which of the three categories specified in its earlier reports namely A, B or C this lime stone quarry falls so that appropriate directions may be given by us as to whether mining should be allowed to be carried on in this lime stone quarry or not. We would request the Bhargav Committee. to submit its report to us within three weeks from the date of receipt of this order. The District Administration as well as C. G. Gujaral will afford all possible assistance to the Bhargav Committee in inspecting this lime stone quarry for the purpose of making its report. We need not add that while making its report in regard to the category in which this lime stone quarry falls, the Bhargav Committee will take into account the various factors which have already been set out by us in our earlier order dated 11th August. 1983 made by us. But until further no mining operations shall be carried on in this lime stone quarry.
(3.) That takes us to Civil Miscellaneous Petition No. 16683 of 1985. This application has been made by M/s. Anand Bros. and it relates to the lime stone quarry forming the subject matter of lease No. 67. This lime stone quarry falls within category A of the Bhargava Committee Report, but so far as the report of the Working Group is concerned, it has been placed in category II. When we made our order dated 12th March 1985 we were under the impression that "the lime stone quarries comprised in Category A of the Bhargava Committee Report were the same lime stone quarries which were classified in category 1 by the Working Group." But we are now informed that this impression created in our mind was erroneous, since the lime stone quarry comprised in lease No. 67 is placed in category A by the Bhargav Committee, but it falls in category II of the Working Group Report. Since this lime stone quarry, though falling within category A of the Bhargav Committee Report, is not placed in category 1 by the Working Group, we cannot allow mining operations to be carried on by M/s. Anand Bros. in this lime stone quarry and We must treat it on the same basis as the lime stone quarries classified as category B in the Bhargav Committee Report. We would accordingly direct that M/s. Anand Bros. should not be allowed to carry on mining operations in this lime stone quarry but they should be at liberty to submit a full and detailed scheme for mining this lime stone quarry to the Bandyopadhyay Committee and if any such scheme is submitted, the Bandyopadhyay Committee will proceed to examine the same without any unnecessary delay and submit its report to the Court whether in its opinion this lime stone quarry can. be allowed to be operated in accordance With the scheme and if so, subject to what conditions and 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 have directed it to take into account while examining the scheme or schemes which may be submitted in respect of lime stone quarries classified in category B in the Bhargav Committee Report.;