ADARSH KUMAR GOEL, J. - (1.) THIS petition by way of a PIL seeks quashing of auction notice dated June 3, 2011 issued by the Director, Mines and Geology, Haryana for auction of minor mineral quarries not exceeding 4.5 hectares in each case for extraction of Boulder, Gravel and sand for nine months.
(2.) MAIN ground to challenge the impugned notices is that the proposed mining is in violation of notification issued by the Central Government dated 14.9.2006 requiring Prior Environmental Clearance (PEC) and also in violation of judgment of this Court dated 15.5.2009 in CWP No. 20134 of 2004, Vijay Bansal and others v. State of Haryana and others. To circumvent the notification of the Central Government and judgment of this Court, the area of quarries in impugned notices is restricted to 4.5 hectares but location of plots being contiguous to each other, the area covered is far beyond 50 hectares. Thus, by mere sub division, the State is circumventing the Central Government notification and judgment of this Court. Reliance has also been placed on order of Hon'ble the Supreme Court dated 18.3.2011 in SLP (Civil) CC 5462 of 2011, Matsya Education and Rural Development Trust v. state of Haryana and others, read with order dated 20.5.2011 in the same case whereby order of this Court dated 4.3.2011 in CWP No. 4758 of 2008 permitting grant of mining contracts/permits upto 31.7.2011 as one time measure was stayed. Notice was issued and finalization of auction was stayed. Reply has been filed on behalf of the State of Haryana. Stand taken therein is that no environmental clearance is required from Environment Impact Assessment Authority (EIAA) in terms of notification dated 14.9.2006 issued by the Government of India as the mining areas in question are less than 5 hectares. As regards judgment of this Court dated 15.5.2009, it has been stated that process of obtaining environment clearance was expected to be completed within a reasonable time and on that basis, this Court had allowed mining operations to continue upto 28.2.2010 pending environmental clearance. Necessary applications were moved for determining terms of reference for the mining projects in question but the Expert Appraisal Committee (EAC) returned the applications with the observation that preparation of Environment Impact Assessment Report (EIAR) was not in their scope of the work. The judgment dated 15.5.2009 was in appeal before the Supreme Court in SLP No. 19628 - 29/2009 and matter stands referred to Central Empowered Committee (CEC). The State was faced with the extreme shortage of construction material leading to astronomical increase in price, loss of employment, loss of business for the industry, loss of revenue, increase in illegal mining, windfall for persons having mining interest in adjoining States of UP and Rajasthan who were selling the mined material at higher rates and who are behind filing cases in courts to subvert the process of mining operations. In the case of State of Punjab vide order dated 6.11.2009 in CWP No. 12664 of 2008, Ran Bahadur Singh v. State of Punjab and others, this Court, while directing expeditious consideration for environmental clearance for mining of minor minerals, allowed period of six months taking into account the period required for obtaining clearance. In the case of Haryana, vide order dated 4.3.2011, permission to grant short term permits upto 31.7.2011 was allowed in CWP No. 4758 of 2008 which has been stayed by the Hon'ble Supreme Court.
(3.) WE have heard learned counsel for the parties.;