Order
IA No. 827
1. Let the Central Empowered Committee file its response to the affidavit dated 14-12-2002 filed on behalf of the Ministry of Environment and Forests within three weeks. List on 14-2-2003.
IA No. 798
2. Reply by the respondent be filed within four weeks. List on 14-2-2003.
IA No. 745
3. Mr A.D.N Rao, learned counsel states that out of twenty-three accused in the murder of Sanjay Singh, some of them have been arrested and for remaining proceedings are being taken for declaration of proclaimed offenders and efforts made to apprehend them. List on 14-2-2003.
IAs Nos. 782 to 784, 793 to 795 and 813 to 815
4. The applications are referred to the Central Empowered Committee which will respond thereto within six weeks. List on 14-2-2003.
IA No. 785
5. The application is referred to the Central Empowered Committee for its suggestions.
IA No. 786
6. Issue notice to the Ministry of Environment. Mr Rao will respond to the application. List the application on 14-2-2003.
IA No. 799
7. Union of India will respond.
8. List the application on 14-2-2003.
IA No. 804
9. We direct the Chief Secretary of the State of Madhya Pradesh to file reply on or before 20-12-2002.
IAs Nos. 805-12
10. Referred to the Central Empowered Committee for its suggestions.
Contempt Petition No. 479 of 2002 with IA No. 1 in WP No. 202 of 1995
11. The copy of the application be served on to the amicus curiae.
IA No. 836
12. Mr Himanshu Shekhar, learned counsel accepts notice on behalf of Respondent 4 and Mr Rao, learned counsel accepts notice on behalf of Respondents 1-3.
13. Counter-affidavit be filed within four weeks. Rejoinder-affidavit, if any, be filed in another two weeks.
14. Till further order, the operation of the order dated 20-8-2002 shall remain stayed.
15. The above order will apply to similar other areas in the National Park. It would be the responsibility of the State Government to ensure the compliance with the same.
Contempt Petition No. 193 of 2001
16. We request the Central Empowered Committee to give recommendations on the aspects which have been highlighted in the report filed by the Principal Chief Conservator of Forests, Tamil Nadu within four weeks.
17. List the matter for hearing on 7-3-2003 at 2.00 p.m
IAs Nos. 828, 833-35, 837-40 and 846-47
18. One of the aforesaid applications has been filed by the State of Rajasthan seeking modification or clarification to the effect that the order dated 29-10-2002/30-10-2002 (2008) 16 SCC 337 would be applicable only to illegal mines in the Aravalli Hills. IA No. 840 has been filed by M/s Gurgaon Sohna Mineral and another seeking similar relief. Applications have also been filed by the State of Haryana and other parties.
19. We have heard learned counsel. On 29-10-2002/30-10-2002 (2008) 16 SCC 337 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 Secretaries, 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.
20. On consideration of the report of the Central Empowered Committee dated 14-12-2002, 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 Forests, Government of India. However, in view of this Court's order dated 14-2-2000 (2002) 10 SCC 634 passed in IA 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 MoEF under the FC Act in such an area.
(2) Under Notification dated 29-11-1999 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 7-5-1992 issued by the Ministry of Environment and Forests (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 29-11-1999.
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 29-10-2002/30-10-2002 (2008) 16 SCC 337 insofar as 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 the FC 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 of 1985.
21. 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 has 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.
22. Learned Attorney General and Solicitor General will assist the Court on the aforesaid aspects on the next date of hearing.
23. In respect of Suggestions 7 and 8, the Union of India will respond on the next date of hearing.
24. The order dated 29/30-10-2002 (2008) 16 SCC 337, 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 the 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.
25. This order will be applicable to non-forest land covered for the period prior to the date of modification of the order dated 29-11-1999 in the State of Haryana.
26. This variation will not apply to the area in Alampur District in the State of Haryana.
27. List the matter on 7-2-2003 at 2 o'clock.
WPs (C) Nos. 672 of 1998 and 603 of 2000
28. Adjourned to 7-2-2003.
Court Masters