S. H. Kapadia, J. - (1.) Has the situation (optimization of land and ecological degradation in an area admeasuring approximately 448 sq. kms. in the Aravalli Hill Range falling in the Districts of Faridabad and Gurgaon including Mewat) predicted in para 89 of the Judgment in M. C. Mehta (2004) 12 SCC 118 case come about so as to warrant total stoppage of mining activity as stated in para 96(6) of the said judgment; and if so, what should be the duration of such ban/stoppage
(2.) In this connection, at the very outset, we quote paras 89 and 96(6) of the said judgment, which read as follows : "89. It may be reiterated that if, despite stringent conditions, the degradation of environment continues and reaches a stage of no-return, this Court may have to consider, at a later date, the closure of mining activity in areas where there is such a risk." "96(6) The Aravalli hill range has to be protected at any cost. In case despite stringent conditions, there is an adverse irreversible effect on the ecology in the Aravalli hill range area, at a later date, the total stoppage of mining activity in the area may have to be considered. For similar reasons such step may have to be considered in respect of mining in Faridabad district as well."
(3.) History of the relevant Orders passed by this Court : (i) On 6 5.2002 the following Order was passed : "IiA No. 1785 2. Issue notice. Mr. Bharat Singh accepts. Reply be filed within four weeks. Rejoinder be filed within four weeks thereafter. In the meantime, within 48 hours from today the Chief Secretary, Government of Haryana is directed to stop all mining activities and pumping of groundwater in and from an area up to 5 km. from the Delhi-Haryana border in the Haryana side of the ridge and also in the Aravalli hills." (Emphasis Suppl lied) (ii) On 29/30.10.2002 the following Order was passed : "ILLEGAL MINING IN ARAVALLIS . . . We, prohibit and ban all mining activity in the entire Aravalli hills. This ban is not limited only to the hills encircling Kote and Alampur villages but extends to the entire hill range of Aravalli from Dholpur to Rajasthan. The Chief Secretary, State of Haryana and Chief Secretary, State of Rajasthan are directed to ensure that no mining activity in the Aravalli hills is carried out, especially, in that part which has been regarded as forest area or protected under the Environment (Protection) Act." (emphasis Suppl lied) (iii) On 31.10.2002 the following Order was passed : "IA No. 1785 in IA No. 22 and in WP No. 4677 of 1985, all IAs and WPs on board It is represented that applications have been filed with regard to environment impact assessment, and for approval of plans with regard to the mining activity which was proposed by the applicants/leaseholders. The said applications have to be dealt with in terms of the notification dated 27-1-1994 of the Ministry of Environment and Forests. The said notification relates to environment impact assessment of development projects. It appears that environment clearance has not been obtained and the learned counsel submit that the applicants/leaseholders cannot be faulted for this. It is quite obvious that on the principle of sustainable development, no mining activity can be carried out without remedial measures taking place. For this purpose, it is necessary that environment impact assessment is done and the applications dealt with before any mining activity can be permitted. Counsel will give on the next date of hearing list of applications which were filed, so that the Ministry of Environment can be put to notice and be required to deal with those applications and to dispose of them within a period to be specified by this Court. Liberty to file additional affidavits given. The State of Haryana will also explain on the next date of hearing as to whether royalty payable to the villages has been given or not. To come up on 25.11.2002." (iv) On 16.12.2002 the following Order was passed : "IAs 828, 833, 834-835, 837-838, 839, 840, 846 and 847 One of the aforesaid applications has been filed by the State of Rajasthan seeking modification or clarification to the effect that the order dated 29/30th October 2002 would be applicable only to illegal mines in the Aravalli hills. IA 840 has been filed by M/s. Gurgaon Sohna Mineral and Anr. seeking similar relief. Applications have also been filed by State of Haryana and other parties. We have heard learned counsel. On 29th/30th October, 2002 this Court prohibited and banned the mining activities in the entire Aravalli hills. This ban, it was directed, is not limited only to the hills encircling Kote and Alampur villages but extends to the entire hill range of Aravalli from Haryana to Rajasthan. The Chief Secretary, State of Haryana and State of Rajasthan were directed to ensure that no mining activity in the Aravalli hills is carried out, especially in that part which has been regarded as Forest Area or protected under the Environment (Protection) Act. On consideration of the report of Central Empowered Committee dated December 14, 2002, we issue the following further directions : (1) Mining may be permitted in Forest Areas where specific prior approval under Section 2 of the Forest (Conservation) Act, 1980 has been accorded by the Ministry of Environment and Forest, Government of India. However, in view of this Courts order dated 14.2.2000 passed in I.A. No. 548 no mining activity is permitted within areas which are notified as Sanctuary, National Park under Sections 18, 35 of the Wild Life (Protection) Act, 1972 or any Sanctuary, National Park or Game Reserve declared under any other Act or Rules made thereunder even if prior approval have been obtained from the MOEF under the F.C. Act in such an area. (2) Under Notification dated 29th November, 1999 issued under Section 23 of the Environment (Protection) Act for certain Districts including Gurgaon District in the State of Haryana, the Ministry has delegated power to grant approval for mining purposes to the State. The mining activities are being regulated under the Notification dated 7th May, 1992 issued by the Ministry of Environment and Forest (Annexure A-1 in IA No. 833). We direct that, for the time being, no mining shall be permitted within the areas of Gurgaon District in the State of Haryana where mining is regulated under the Notification dated 7.5.1992 issued under Section 3 of the Environment (Protection) Act, pursuant to permission granted after 29 November, 1999. Meanwhile, the Central Empowered Committee which is examining the matter will give its suggestions within a period of six weeks. On the receipt of those suggestions, the prayers made by the applicants for modification of the order dated 29/ 30.10.2002 insofar as the Gurgaon District is concerned will be considered. (3) No mining activity would be permitted in respect of areas where there is a dispute of applicability of F.C. Act, till such time the dispute is resolved or approval under the FC Act is accorded, in addition to order already passed in Writ Petition No. 4677/1985. For the present, no mining will be permitted in the areas for which notification under Sections 4 and 5 of the Punjab Land Preservation Act 1900 have been issued for regulating the breaking up of the land etc. and such lands are or were recorded as "Forest" in Government records even if the notification period has expired, unless there is approval under the FC Act. Learned Attorney General and Solicitor General will assist the Court on the aforesaid aspects on the next date of hearing. In respect of suggestion 7 and 8, the Union of India will respond on the next date of hearing. The order dated 29/30th October, prohibiting and banning the mining activity in Aravalli hills from Haryana to Rajasthan is modified insofar as the State of Rajasthan is concerned to the following effect : Wherever requisite approval/sanctions in the said State have been obtained under FC Act and EP Act, and the mining is not prohibited under the applicable Acts or notifications or orders of the Court, mining can continue and to such mining the order aforesaid will not apply. This order will be applicable to non-forest land covered for the period prior to the date of modification of the order dated 29th November 1999 in the State of Haryana. This variation will not apply to the area in the Alampur District in the State of Haryana. List the matter on 7th February, 2003 at 2 OClock." (emphasis Suppl lied) I. Reasons behind Order dated 29/30.10.2002 imposing total ban : ;