RURAL LITIGATION AND ENTITLEMENT KENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(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."

(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) :-

(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) :-