COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Environmental Protection, Mining Operations

RURAL LITIGATION AND ENTITLEMENT KENDERA v. UNION OF INDIA
(DOON VALLEY LIMESTONE QUARRYING CASE -II)

AIR 1985 SC 652
P.N. BHAGWATI C. J. and RANGANATH MISRA. J.

Introduction

Following a public interest petition addressed to the Supreme Court by the Rural Litigation and Entitlement Kendera of Dhera Dun in the State of Uttar Pradesh, the Court directed that all fresh quarrying in the Himalayan region of the Dhera Dun District be stopped. Subsequently, acting on the basis of the reports of the Bandyopadhyay Committee and a three man expert committee, both of which were appointed by the Court, the Court ordered the closure of several mines in the area. Thereafter, the lessees of the mines submitted a scheme for limestone quarrying to the Bandyopadhyay Committee. The Committee rejected the scheme and the lessees challenged the decision of the Committee in the Supreme Court.

Legal Framework

Constitution of India Article 32.

Held

The Court stated that this case brings into sharp focus the conflict between development and conservation and serves to emphasise the need for reconciling the two in the larger interests of the country. The environmental disturbances caused by limestone mining has to be weighed in the balance against the need of limestone quarrying for industrial purposes. Having given careful limestone quarrying for industrial purposes. Having given careful consideration to these aspects of the case, the Court rejected the petition, expressing its approval of the decision of the Bandyopadhyay Committee.

However, in rejecting the Petition, the Court also stated that it was conscious of the fact that as a result of the closure of the mines workmen employed in the mines will be out of work and directed that immediate steps be taken for reclamation of the areas forming part of such quarries and that the affected workmen be as far as possible and in the shortest possible time, be provided employment in the reforestation and soil conservation programmes to be undertaken in the area.

Cases Cited

1985 S.C./42 VI G-2