Rural Litigation and Entitlement Kendra v. State of UP

Court: Supreme Court

Citation: 1985 AIR 652, 1985 SCR (3) 169

Coram: Bhagwati, P.N. Sen, Amarendra Nath, Misra Rangnath

 

Facts:

The petitioner in this case, RLEK, pleaded for closing down of large number of leases of lime-stone quarries in the Doon valley of Dehradun, which were polluting the environment, causing ecological imbalance and hazard to the health of not only human being but also of all inanimate and animate things. On the other hand, the respondents, including both the State and lime-stone quarry units, argued that closing down of lime-stone quarries would throw out the owners out of business in which they have invested large sums of money and create unemployment for the workers working in these lime-stone quarries.

 

Issue:

Whether the lime-stone quarries are liable to be shut down.

 

Decision:

In order to inspect the lime-stone quarries mentioned in the petition, the Supreme Court formed an independent expert committee under the chairmanship of D.N.Bhargav (Controller General, Indian Bureau of Mines) and supported the court in resolving the dispute. The Bhargava Committee classified the lime-stone quarries into three groups after a thorough consideration of various aspects that revolve around lime-stone quarries. Category A lime-stone quarries included those where the negative impact of mining operations was relatively less pronounced, in the opinion of the Bhargava Committee; category B included those lime-stone quarries where, in the opinion of the Bhargava Committee, the negative impact of mining operations was relatively more pronounced and category C included those lime-stone quarries.

The Court ordered for the closing down of C category lime-stone quarries. The Supreme Court also ordered the closure of those lime-stone quarries falling under categories A and B within the city limits of Mussoorie and permitted other quarries of lime-stone outside the city in order to weigh the balance against the need for industrial lime-stone quarrying in the region.

The Supreme Court was also concerned with the welfare of mine operators and staff left unemployed by the closure of the Dehradun Valley operation, in addition to the ecological balance and concern for local people’s health. In order to alleviate their hardship, the Court ordered the Government of India and the State of Uttar Pradesh that if any other region in the State of Uttar Pradesh is opened for grant of lime-stone or dolomite quarrying, priority shall be accorded to lessees who are displaced as a result of the order of the Court. In addition, the Court directed to take up the afforestation and soil protection programme in the closed down lime-stone quarry areas and to provide jobs to those employees who were thrown out of employment as a result of the order of the Court to shut down the quarrying units of lime-stone.