- (1.) Order on C.M. Stay Vacation Application No. 249798 of 2016
(2.) This civil miscellaneous stay vacation application has been filed by the respondents, seeking vacation of the interim order dated 28.07.2016 passed by this Court and for dismissal of Public Interest Litigation (PIL) No. 22482 of 2016.
(3.) The relevant portion of the order dated 28.07.2016 reads thus: "The affidavit in question that has been so filed in pith and substance also clearly reflects that there is no intention of the State Government to introduce the technological intervention for curbing the illegal mining in question, such stand taken by the Principal Secretary, Geology and Mines, Civil Secretariat, Government of U.P., at Lucknow, cannot be appreciated by us. In our considered opinion the State Government should come with a scheme wherein technological intervention is to be introduced so that illegal mining can be kept on hold by technology intervention. We accordingly direct the State of U.P. to forthwith frame scheme for introducing technology intervention and inform this Court of the steps taken in the said direction. Coupled with the present case, we see that in bunch of writ petitions that virtually covers entire State of U.P. for all practical purpose wherein mining activity is being carried out and once we find from the record in question that virtually in each district complaint of illegal mining being carried out is there and therein it has been contended that the State Authorities are soft on the spot and with their active connivance such activity is on. Consequently, in the facts of the case, we deem it proper that an independent agency should submit report before this Court as to whether once there is a precise order of this Court in PIL No.28914 of 2016; 28905 of 2016, 28912 of 2016, 28906 of 2016, 28915 of 2016, 28904 of 2016 and in PIL No.28916 of 2016 the order passed is as follows:- "For the above noted reasons and having regard to the material which has been brought on record before us, we issue following directions in all the connected writ petitions in hand:- (I) No person shall be permitted to excavate the minor minerals on the basis of the lease deeds or permission granted subsequent to 31st May, 2012 by whatever name it may be called, i.e. (a) renewal of the expired lease (b) granting fresh lease (c) right to excavate for the obstructed period (d) extension of the term of the lease (II) It shall be the responsibility of the Collector, Senior Superintendent of Police and the District Mining Officer of all the above noted Districts to ensure that no illegal mining is permitted to be carried out within their territorial limits of jurisdiction. (III) No Form MM-11 shall be issued in favour of any person possessed of any expired lease or an order granted subsequent to 31st May, 2012 in his favour for excavation of minor and minerals, i.e. in the name of renewal of the lease or extension of the term of the expired lease or permission for the obstructed period on the plea that a valid lease was granted but excavation could not be carried out for some days by the lease holder during the subsistence period of lease on account of the orders of this Court or of the Competent Authorities. (IV) The Collector of the respective Districts shall file their personal affidavits giving specific reply with reference to the photographs enclosed in support of the allegation of the illegal mining as well as to the averments made in respect thereof in all the writ petitions. We may record that in case it is found that any illegal mining activity is being permitted/carried on in collusion with the District Authorities, this Court will not hesitate to recommend action against the officers found responsible for the same." In spite of said order, even then illegal mining activity is being carried out though there is restrain order passed by this Court then in our considered opinion, in case, in spite of the order passed by this Court, illegal mining is being carried out then certainly action is required and intervention of this Court is also certainly required as natural resources cannot be permitted to be loosely looted. Consequently, we proceed to pass an order asking the Central Bureau of Investigation, New Delhi to submit report as to whether in the State of U.P, illegal mining is being carried out with the collusion of State Authorities or not and the report in question be submitted before this Court after six weeks'.";