- (1.) "We are 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. If the lessees of these lime stone quarries have obtained any stay order from any Court permitting them to continue the mining operation, such stay order will stand dissolved and if there are any subsisting leases in respect of any of these lime stone quarries they shall stand terminated without any liability against the State of Uttar Pradesh. If there are any suits or writ petitions for continuation of expired or unexpired leases in respect of any of these lime stone quarries pending, they will stand dismissed." Thus in regard to the C grade quarries, the dispute has ended.
(2.) Coming to category B quarries of the Bhargav Committee Report, this Court held that such lime stone quarries should not be allowed to be operated and should be closed down forthwith. Similarly the B category stone quarries in the report of the working group other than mining leases Nos. 31, 36 and 37 were directed also to be closed down finally and this Court further directed (at p. 655 of AIR) :- "If there are any subsisting leases in respect of any of these lime stone quarries they will forthwith come to an end and if any suits or writ petitions for continuance of expired or unexpired leases in respect of any of these lime stone quarries are pending, they too will stand dismissed." In regard to the remaining B category lime stone quarries, in paragraph 10 of the judgment this Court dealt with the question at length; the lessees were directed to submit schemes to the Committee and the Committee was directed to examine such schemes at length and make a full report to the Court. This Court indicated (at p 656 of AIR) :- "The report submitted by the Bandyopadhyay Committee in each case will be considered by the Court and a decision will then be taken whether the lime stone quarry or quarries in respect of which the report has been made should be allowed to be operated or not. But until then these lime stone quarries will not be allowed to be operated or worked and the district authorities of Dehradun will take prompt and active steps for the purpose of ensuring that these lime stone quarries are not operated or worked and no mining activity is carried on even clandestinely. This order made by us will supersede any stay or any other interim order obtained by the lessee of any of these lime stone quarries permitting him to carry on mining operations and notwithstanding such a stay order or other interim order or subsisting lease, the lessees shall not be entitled to carry on any mining activity whatsoever in any of these lime stone quarries and shall desist from doing so." The Court took note of the fact that Sl. Nos. 17 to 20 in category B of the Bhargav Committee report had already closed down and, therefore, no direction was necessary to be given in regard to them save and except in regard to removal of the lime stone or marble chips already gathered.
(3.) In regard to the A category lime stone quarries of the Bhargav Committee report, the judgment classified the stone quarries into two groups - those which were located within the Mussoorie municipal limits and the others which were not so located. In regard to the stone quarries of the A category within the municipal limits the same direction as given in respect of the B category stone quarries referred to above was given. In regard to the remaining A category stone quarries, it was observed (at p. 65 5 of AIR) :- "We take the view that the lime stone quarries failing within category A of the Bhargav Committee Report and/or category 1 of the Working Group Report and falling outside the city limits of Mussoorie should be allowed to be operated subject of course to the observance of the requirements of the Mines Act, 1952, the Metalliferous Mines Regulations, 1961 and other relevant statutes, rules and regulations. Of course when we say this we must make it clear that we are not holding that if the leases in respect of these lime stone quarries have expired and suits or writ petitions for renewal of the leases are pending in the Courts, such leases should be automatically renewed. It will be for the appropriate Courts to decide whether such leases should be renewed or not having regard to the law and facts of each case.";