IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition PIL No. 119 of 2009 Jaman Singh Bisht. .……… Petitioner Versus State of Uttarakhand & others. .………. Respondents. Mr. S.K. Mandal, Advocate for the petitioner. Mr. H.M. Raturi, Standing Counsel for respondent Nos. 1 to 6. Mr. Subhash Upadhyaya, Advocate for respondent No. 7. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C. J. (Oral) In the writ petition, it was contended that mining activity within 100 meters from the fringes of rivers is prohibited. No law to that effect could be shown to us. On the other hand, learned counsel for the private respondent has drawn our attention to the Miner Mineral Rules, which make it clear that such activity within 50 meters from the fringes of rivers is not permissible. Be that as it may, it is not the contention of the petitioner that the area of the mining lease of the private respondent is situated within 50 meters from the fringe of the river in question. 2. In many a supplementary affidavits filed to the writ petition, it has, however, been highlighted that in view of the judgment of the Hon’ble Supreme Court rendered in T.N. Godavarman Thirumulkpad Vs. Union of India & others, reported in (1997) 2 SCC 267, the Central Government has issued a notification, in terms whereof, mining activities within 100 meters from the fringe of any forest are not permissible. The Divisional Forest Officer, Almora, has brought to our notice that the area of the mining lease of the private respondent is at a distance of about 2 to 3 kms. from reserved forest, but the same is within 100 meters from the fringe of protected forest. It has been contended that in view of the 2 notification dated 17th October, 1893, lands within 100 meters from the leased mining area of the private respondent are protected forests. In such view of the matter, it will not be appropriate on our part to vacate the interim order already passed and to permit the private respondent to carry on mining activity at the leased mining area. The learned counsel for the private respondent submitted that those areas, in the vicinity of the leased mining area of the private respondent, were not measured at or about the time the notification dated 17th October, 1893 was published, but subsequent thereto, while the law stood changed, measurements of those areas were taken and, accordingly, it may not now be contended that those areas are still protected forests. Nothing was brought to our notice, however, by the learned counsel appearing on behalf of the private respondent that subsequent to 17th October, 1893 any scheme was made under any law, whereby once a land, for some reason or the other, having been declared a protected forest, could be treated as anything else than a protected forest and, accordingly, we have not been able to convince ourselves that by reason of passage of time, the lands in the vicinity of the area of the mining lease of the private respondent ceased to be protected forest and, accordingly, there is no violation of the Central Government order restraining mining activities within 100 meters from forest. However, it would not be appropriate on our part to conclude the matter thus. 3. We, accordingly, dispose of this writ petition by confirming the interim order and, accordingly, restrain the private respondent from carrying out any further mining activity at the leased mining area until such time the Government, in writing, permits the private respondent once again to carry on such mining activity, holding out, in clear and unambiguous terms that the said leased mining area does not fall within 100 meters from any forest as defined by the Hon’ble Supreme Court in T.N. Godavarman Thirumulkpad Vs. Union of India & others (supra). For that purpose, it shall be open to the private respondent to approach the State Government. It is expected that if such approach is made by the private respondent, the Government will act with promptitude. 3 4. The writ petition is disposed of. (V.K. Bist, J.) (Barin Ghosh, C. J.) 01.09.2010 01.09.2010 G