1. On 23-3-1998, we had directed the learned counsel for the State of U.P to produce the report sent by Pragya Ram Misra, Chief Development Officer to the District Magistrate along with an affidavit/report disclosing what action, if any, was taken on that report. Mr Goel has filed the report of the District Magistrate in Hindi with its English translation.
2. In the report the steps taken by the District Magistrate in her capacity as the Court Commissioner to seize various eqipments used in illegal mining, vehicles, i.e, trucks, tractors, camels, etc., and materials obtained from illegal mining, i.e, stones, patia, etc., have been detailed. In the report, the District Magistrate has also controverted the stand taken by Shri Pushpa Raj Singh in his affidavit filed in this Court. We shall revert to that aspect later on.
3. From the various reports, affidavits and seizure memos filed in this Court a clear picture of the extent of illegal mining and the damage done to the hills and the forests does not clearly emerge. The picture is rather hazy and a lot of grey areas have been left. The deforestation and illicit mining has caused immense damage to the environment and ecology. The identification of the persons, including government officials, involved in it has not been clearly disclosed. With a view to get a complete picture of the extent of illegal mining done, deforestation and the damage to the hills and the forests and to identify the culprits as also the manner of restitution and reforestation, it appears appropriate to us to appoint an independent commission which shall survey the area and submit a detailed report on all these aspects. We therefore, direct the Chief Secretary to the Government of U.P to nominate a police officer not below the rank of an Inspector General of Police to conduct such a survey along with Shri Gangopadhyay, Director, Indira Gandhi National Forest Academy, Dehradun and submit a report on all aspects. Copies of various reports and affidavits already filed in this Court along with the copies of the seizure memos, shall be furnished by the learned State Counsel to the Commission through the Chief Secretary within 10 days. The Commission may also seek assistance from Shri A.M Khanwilkar, Shri U.U Lalit and Shri Gopal Singh, Advocates, who are assisting the learned amicus curiae in this case while conducting the survey and assessing damages etc. The learned advocates above-mentioned may also make available to the Commission copies of the photographs, video cassettes and any other material which is likely to assist the Commission in submitting its complete report. The entire material may be given to Shri A.K Goel, learned counsel for the State of U.P, who shall forward the same to the Commission through the Chief Secretary. The expense which may be incurred by the learned advocates shall be reimbursed to them by the State of U.P The Commission shall submit its report within 6 weeks. The expenses insofar as the Commission work is concerned, including the fee and other expenses of Shri Gangopadhyay shall be borne by the State of U.P on being so intimated. The fee and expenses of the learned advocates (mentioned above) who may be called upon to assist the Commission shall also be borne by the State of U.P
4. The learned District Magistrate, as Commissioner of this Court has seized various materials. All those materials are hereby attached till further orders. Any seizure hereinafter made by the District Magistrate or by the Commission shall also stand attached immediately on such seizure being effected. Directions to deal with the materials shall be issued after receipt of the report from the Commission.
5. Some more seizure reports have been filed by Shri A.K Goel in court today. The same shall be taken on record.
6. On 23-3-1998, we had also directed that a copy of the affidavit of Shri Pushpa Raj Singh be furnished to the learned counsel for the State of M.P, who may respond to the allegations which concern the State of M.P, particularly, those contained in para 8 of the affidavit. In response thereto, an affidavit has been filed by Shri A.P.S Chauhan, Conservator of Forest, Sagar Circle, Sagar (M.P). In para 2 of the affidavit, it has been deposed that a team had gone to the site of Lodhi Village on 27-3-1998 and made enquiries and that it was found that no illegal transportation of illegally acquired slabs had been made into Madhya Pradesh. From the report of the District Magistrate filed today it transpires that trucks have access to the illegal mining area via Madhya Pradesh and that the people belonging to Hanumana town of Madhya Pradesh indulge in illegal mining activities also which activity has been going on for a long time. Likewise, it has also been stated in the report that transportation of the illegally extracted mines and minerals takes place through the borders of Madhya Pradesh. The affidavit of Shri A.P.S Chauhan is rather cryptic and conceals more than what it reveals. We are not satisfied with it. We expect a better affidavit and a clear disclosure from an officer of the rank of Conservator of Forest. Shri S.K Agnihotri, learned counsel appearing for the State of M.P, submits that he realises that the affidavit of Shri Chauhan is not a complete affidavit and prays for a short adjournment to enable the Conservator of Forest to file a detailed affidavit in this behalf keeping in view the observations made by us in our earlier orders. We grant him two weeks' time to file the affidavit and we emphasise that we expect a complete and full disclosure to be made in the affidavit.
7. Shri O.P Dube, Officer on Special Duty, Lokayukta Karyalaya has addressed a letter dated 6-4-1998 to this Court seeking extension of time by one month for submitting his report. We grant his prayer. Shri Dube shall be accordingly informed.
8. List after 6 weeks.
Court Masters