IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8470 of 2004 Date of decision: 22nd July, 2009 Ajeet Singh and others … Petitioners Versus State of Haryana and others … Respondents Civil Writ Petition No.6430 of 2006 Surender Singh and others … Petitioners Versus State of Haryana and others … Respondents Civil Writ Petition No.7667 of 2006 Ashok … Petitioner Versus State of Haryana and others … Respondents Civil Writ Petition No.6409 of 2006 Kadam Singh … Petitioner Versus State of Haryana and others … Respondents Civil Writ Petition No.7666 of 2006 Lakhmi Chand and another … Petitioners Versus State of Haryana and others … Respondents Civil Writ Petition No. 8470 of 2004 CORAM: HON’BLE MR. JUSTICE T.S. THAKUR HOB’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vikram Singh, Advocate and Mr. Harkesh Manuja, Advocate for the petitioners. Mr. Randhir Singh, Additional Advocate General Haryana for the State. Mr. Arun Walia, Advocate for Haryana Pollution Control Board. Mr. Saurabh Mohunta, Advocate for Mr. Sudershan Goel, Advocate for Central Pollution Control Board. Mr. Girish Agnihotri, Senior Advocate with Ms. Binayjeet Sheoran, Advocate for Haryana Agriculture University, Hissar Mr. Akshay Bhan, Advocate for M/s S.R.S. Company. Notes: 1. Whether Reporters of local newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? T.S. THAKUR, CJ. (ORAL) These writ petitions filed in public interest, pray for a mandamus directing the respondents to take immediate action and to put an end to the indiscriminate, illicit, mindless mining of sand on the fertile agricultural land in village Harsinghpura, Tehsil Gharuanda; village Shekhpura and Kond in District Karnal; village Janti Kalan in District Sonepat and village Khotpura in District Panipat, which would according to the petitioners cause environment disaster if allowed to go on unabated. This Court had, by an order dated 31st August, 2005, elicited the views of specialists in the agriculture sector and impleaded the Haryana Agriculture University, Hisar as a party to one of the petitions, to 2 Civil Writ Petition No. 8470 of 2004 determine the environment hazards, if any, involved in mining of sand from agriculture land in the State of Haryana. A Committee comprising seven experts from different disciplines constituted by the Vice Chancellor of the University, submitted a report to this Court pursuant to the said order, in which it was, inter-alia, opined that sand mining in agriculture lands had destroyed the natural soil profile and resulted in land degradation due to soil erosion in the fields adjacent to the mined area. It was also pointed out that the sand mining has adversely affected the texture, structure, organic matter and available nutrients status of the soil, which would obviously decrease crop productivity in the affected area. This Court was, on perusal of the said report, prima facie of the view that the situation arising out of mining of sand from fertile agriculture lands was alarming and that in case remedial steps are not taken, such mining operations may adversely affect the environment. The Court had, accordingly stopped the on-going mining activity in the villages in question by an order dated 5th April, 2006. On 22nd May, 2007, when the matter came up again, the attention of this Court was drawn to the report submitted by Central Soil Salinity Research Institute, Karnal and the comments offered by the said institute regarding the report submitted by the Haryana Agriculture University which were at variance with each other. In order to resolve the conflict, this Court had directed the Committee of Experts, earlier constituted by the Haryana Agriculture University, to visit three other districts of Haryana also, namely Yamunanagar, Sonepat and Panipat in order to evaluate the hazards of mining of sand of agricultural land. On the submission of the said report, this Court forwarded the report submitted by the Central Soil Salinity Research Institute, Karnal as also the report submitted by Haryana Agriculture University to Haryana State Pollution 3 Civil Writ Petition No. 8470 of 2004 Control Board as also to the Central Pollution Control Board for their comments regarding the same. The respondents were also directed to examine whether the matter could be referred to the Central Environment Impact Assessment Authority constituted by the Central Government. Mr. Randhir Singh, learned counsel appearing for the State, today submits that the mining for removal of sand in the State of Haryana have all expired by efflux of time. He further submits that the Government have, after proper examination of the environmental concerns expressed in certain quarters, taken a decision that while granting fresh leases, the lessee shall have to obtain prior environmental clearance from the competent authority in terms of Notification dated 14th September, 2006 issued by the Government of India, Ministry of Environment and Forests, before they commence the mining activity. In support, he has placed on record a copy of Auction Notice dated 10th March, 2008, which stipulates the terms and conditions of the auction, including condition No.16 and 22 thereof, that read as under: “16. The mining will be allowed to be commenced only after prior Environmental Clearance from Competent Authority as required under notification dated 14/9/2006 issued by MOEF, GOI 17. In case any tree/ plantation is removed during mining activity, the contractor will plant minimum double number of such plants, which will be in addition to the plantation done otherwise as per mining scheme. Before removal of any tree permission of competent authority shall be obtained. xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx 22. The contractor shall carry out mining in accordance with all other provisions applicable as per Mines Act, 1952, Mines and Minerals (Regulation and Development) Act, 1957, Forest (Conservation) Act, 1980 and Environment (Protection) Act, 1986 and the rules made thereunder.” 4 Civil Writ Petition No. 8470 of 2004 It is submitted by Mr. Randhir Singh that auction of leases for mining of sand is now subject to proper evaluation of the environmental hazards and clearance by the State Level Environmental Impact Assessment Authority, constituted by the Government of India in terms of Notification dated 14th September, 2006. It is urged that all issues regarding the possible environmental degradation of the area on account of mining activities will have to be addressed and proper clearance obtained from the above authority constituted by Government of India in terms of Notification dated 21st April, 2008, before the lessees are allowed to commence their mining activities. He urged that since a specialized expert Committee has to grant environmental clearance before the mining activity starts, the apprehension expressed by the petitioners that the continued mining of sand from the agricultural land would result in irreparable damage to the quality of the soil or productivity of the land, will also be addressed and examined by the Authority concerned. Learned counsel for the petitioners submit that in the light of the terms and conditions stipulated by the State Govt. and the fact that all issues relating to the impact of mining on environment will be examined by the State Level Committee, the present petitions could be disposed of with a direction that the mining operations shall conform to the requirements of the Auction Notice and the Notification dated 14th September, 2006 issued by the Government of India. In the circumstances, therefore, and keeping in view the submissions made at the bar, we see no reason to keep these proceedings pending with us any longer. In view of the change, that has been introduced by the State Government during the pendency of these proceedings, in the approach to be adopted towards grant of leases and 5 Civil Writ Petition No. 8470 of 2004 the care, that has to be taken while allowing the lessees to undertake mining operations, as also the fact that an expert Authority constituted by the Government shall have to grant clearance before the mining of sand starts, we see no reason to assume that all these safeguards notwithstanding, there will be any danger to the environment on account of unregulated and unabated mining operations. All that we need say is that the respondent State Government and its agencies shall ensure that the terms of the Auction Notice are strictly adhered to by the lessees concerned and no mining activity is allowed to be carried out, except after obtaining proper clearance from State Level Environment Impact Assessment Authority constituted in terms of the notifications mentioned above. Needless to say that in case any violation of the above policy of the State Government and the legal framework provided for the mining activities is noticed, the petitioners shall be free to re-agitate the matter in appropriate proceedings before this Court. These petitions are disposed of with the above observations. No costs. [T. S. THAKUR] CHIEF JUSTICE [KANWALJIT SINGH AHLUWALIA] JUDGE July 22, 2009 rps 6