O.P. Malik & Ors. Vs. State of U.P. & Ors.
EmailAppeal: Writ Petition No. 876 of 1987.
Petitioner: O.P. Malik & Ors.
Respondent: State of U.P. & Ors.
Apeal: Writ Petition No. 876 of 1987.
Judges: RANGANATH MISRA & MURARI MOHON DUTT, JJ.
Date of Judgment: Aug 30, 1988
Head Note:
CONSTITUTION OF INDIA, 1950:
Article 32 and 51A(g) – Forest (Conservation) Act, 1980 – Mining of limestone quarries in Doon Valley to be stoped.
Cases Reffered:
1. Rural Litigation & Entitlement Kendera v. State of U.P. & Ors., JT 1988(3) SC 787.
JUDGEMENT:
RANGANATH MISRA, J.:
W.P. 876/87
1. The President of the Lime and Limestone Mazdoor Union and two workers whose services have been terminated and who worked in M/s Uttrakhand Minerals and Mining Corporation and M/s David Paul (owners Vijayshree Mines), respondents 3 and 4 respectively have moved this petition against their premature termination of service. This application has nothing to do with the main writ petitions being M.P. Nos. 8205 of 1983 & 8821 of 1983, but had been tagged to the main petitions at the request of the counsel. This writ petition is accordingly delinked to be dealt with independently in accordance with law.
W.P. NO. 959/87
2. A resident of Nehru Gram in Dehra Dun district, the Gram Sabha of village Ladwakot-Talai of Pargana Patwa Doon and villagers of four other villages, all located within the Dehra Dun district, are petitioners in this application under Article 32 of the Constitution. The main allegation seems to be against illegal and unscientific mining in the area. Since on principle we have decided that mining shall be stopped in the area and the continuing mining operation is subject to monitoring of a High Powered Committee, no further orders are necessary in this writ petition and it is accordingly disposed of without costs.
W.P. 1770/86
3. This is an application under Article 32 of the Constitution by an environment action group located at Delhi joining seven petitioners along with it as petitioners asking for mandamus against respondent No.1 requiring him not to operate mining activities at Nani-Darkot. The mine is situated in the middle of Sansarukala reserved forest. This application had been clubbed with the Doon Valley mining Disputes and has been heard as a connected matter. By our judgment of today in the Rural Entitlement case we have stopped mining in the area excepting in regard to four specified mines and we do not think any separate order is necessary in this case. The writ petition is accordingly disposed of without any further orders and without any direction for costs.
SLP NO. 10820 OF 1987
4. The State of Uttar Pradesh and the District Magistrate of Dehradun who were the respondents in the Allahabad High Court in a writ petition have filed this application for special leave against the order of the Allahabad High Court dated 16.4.1987 by which the High Court has directed the petitioners to permit the respondent to remove or dispose of the marble excavated and stacked in respondent’s plot near the mining area. Admittedly, the lease has expired in 1980 and the High Court by its order took note of the position that the Doon Valley ecological dispute was before this Court. It also considered the order made by this Court but it was of the view that the claim laid by the respondents to the marble already removed had nothing to do with the dispute pending before this Court.
5. When the main writ applications were heard no arguments have been advanced on the subject-matter of the special leave petition. By order of the Court dated 13.1.1988, it was directed to club this matter with the writ petitions. Obviously that was done on the representation of the counsel. We however, do not find any justification to link the special leave petition with the writ petitions which have been disposed of today. The special leave petition is accordingly delinked. It is directed to be listed before an appropriate Bench on 6th of September, 1988.
6. From time to time, Civil Miscellaneous Petitions had been moved and orders were made. We do not see any justification to make any further orders in such cases. All CMPs are disposed of.
W.P. 876/87
1. The President of the Lime and Limestone Mazdoor Union and two workers whose services have been terminated and who worked in M/s Uttrakhand Minerals and Mining Corporation and M/s David Paul (owners Vijayshree Mines), respondents 3 and 4 respectively have moved this petition against their premature termination of service. This application has nothing to do with the main writ petitions being M.P. Nos. 8205 of 1983 & 8821 of 1983, but had been tagged to the main petitions at the request of the counsel. This writ petition is accordingly delinked to be dealt with independently in accordance with law.
W.P. NO. 959/87
2. A resident of Nehru Gram in Dehra Dun district, the Gram Sabha of village Ladwakot-Talai of Pargana Patwa Doon and villagers of four other villages, all located within the Dehra Dun district, are petitioners in this application under Article 32 of the Constitution. The main allegation seems to be against illegal and unscientific mining in the area. Since on principle we have decided that mining shall be stopped in the area and the continuing mining operation is subject to monitoring of a High Powered Committee, no further orders are necessary in this writ petition and it is accordingly disposed of without costs.
W.P. 1770/86
3. This is an application under Article 32 of the Constitution by an environment action group located at Delhi joining seven petitioners along with it as petitioners asking for mandamus against respondent No.1 requiring him not to operate mining activities at Nani-Darkot. The mine is situated in the middle of Sansarukala reserved forest. This application had been clubbed with the Doon Valley mining Disputes and has been heard as a connected matter. By our judgment of today in the Rural Entitlement case we have stopped mining in the area excepting in regard to four specified mines and we do not think any separate order is necessary in this case. The writ petition is accordingly disposed of without any further orders and without any direction for costs.
SLP NO. 10820 OF 1987
4. The State of Uttar Pradesh and the District Magistrate of Dehradun who were the respondents in the Allahabad High Court in a writ petition have filed this application for special leave against the order of the Allahabad High Court dated 16.4.1987 by which the High Court has directed the petitioners to permit the respondent to remove or dispose of the marble excavated and stacked in respondent’s plot near the mining area. Admittedly, the lease has expired in 1980 and the High Court by its order took note of the position that the Doon Valley ecological dispute was before this Court. It also considered the order made by this Court but it was of the view that the claim laid by the respondents to the marble already removed had nothing to do with the dispute pending before this Court.
5. When the main writ applications were heard no arguments have been advanced on the subject-matter of the special leave petition. By order of the Court dated 13.1.1988, it was directed to club this matter with the writ petitions. Obviously that was done on the representation of the counsel. We however, do not find any justification to link the special leave petition with the writ petitions which have been disposed of today. The special leave petition is accordingly delinked. It is directed to be listed before an appropriate Bench on 6th of September, 1988.
6. From time to time, Civil Miscellaneous Petitions had been moved and orders were made. We do not see any justification to make any further orders in such cases. All CMPs are disposed of.
