Rural Litigation & Entitlement Kendra Vs. State of U.P. & Ors.
EmailAppeal: Civil Miscellaneous Petition No.27230 of 1988.
(In WPs 8209 & 8821 of 1983)
(In WPs 8209 & 8821 of 1983)
Petitioner: Rural Litigation & Entitlement Kendra
Respondent: State of U.P. & Ors.
Apeal: Civil Miscellaneous Petition No.27230 of 1988.
(In WPs 8209 & 8821 of 1983)
(In WPs 8209 & 8821 of 1983)
Judges: RANGANATH MISRA & M.N. VENKATACHALIAH, JJ.
Date of Judgment: Sep 29, 1989
Head Note:
CONSTITUTION OF INDIA, 1950:
Articles 32 and 51A(g) – Environmental protection – Mining in Doon Valley – Application for permission to continue mining for another three months – Further mining not be allowed – Application dismissed.
Cases Reffered:
1. Rural Litigation & Entitlement Kendra v. State of U.P. & Ors., JT 1988 (3) SC 787.
JUDGEMENT:
O R D E R
1. This miscellaneous application is by a mining lessee in the Doon Valley area whose right to mining came to an end in view of the judgment of this Court on 30th of August, 1988 with effect from 30th September, 1988. He had applied for review of the judgment but the same was rejected on December 1, 1988, whereafter the present petition has been filed with a prayer that on grounds of justice, equity and compassion he may be permitted to continue mining operations for a period of three months more. Mining in this area excepting in the few cases specifically permitted has been stopped by the judgment of this court dated 30th of August, 1988. The petitioner had actually been given a month’s time to close down his mining activity. Allowing further mining in the area would not be in the environmental and ecological interest.
2. This application is accordingly dismissed.
1. This miscellaneous application is by a mining lessee in the Doon Valley area whose right to mining came to an end in view of the judgment of this Court on 30th of August, 1988 with effect from 30th September, 1988. He had applied for review of the judgment but the same was rejected on December 1, 1988, whereafter the present petition has been filed with a prayer that on grounds of justice, equity and compassion he may be permitted to continue mining operations for a period of three months more. Mining in this area excepting in the few cases specifically permitted has been stopped by the judgment of this court dated 30th of August, 1988. The petitioner had actually been given a month’s time to close down his mining activity. Allowing further mining in the area would not be in the environmental and ecological interest.
2. This application is accordingly dismissed.
