2002 JTR(SC) 623
2009 7 Scale 664 ; 2004 12 SCC 188
Supreme Court Of India
(Record of Proceedings)
B.N. KIRPAL, CJI., ARlJITPASAYAT AND H.K. SEMA, JJ.
M.C. MEHTA -Petitioner
Versus
UNION OF INDIA AND OTHERS -Respondents.
IAs Nos. 1783, 22 and 129 in WP (C) No. 4677 of 1985 with IAs Nos.
1784 to 1789, 1791 and 1531, decided on May 6, 2002
The court exercised its power to issue urgent interim directions to stop mining and groundwater extraction in ecologically sensitive ridge areas to prevent environmental degradation while the matter is being adjudicated.
Act
Referred
:CONSTITUTION OF INDIA
: Art.48(a), Art.226, Art.32, Art.21, Art.51(a)(g), Art.47
(A) Environmental Law - Mining and Groundwater Extraction - Interim directions issued to stop all mining activities and pumping of groundwater within a specified distance from a state border in the ridge and hill areas - Notice issued to respondents for filing replies and rejoinders. (Paras 1, 2)
Facts of the case:
In the course of proceedings in a writ petition, applications were filed seeking interim relief. The court directed the state administration to immediately cease all mining operations and the extraction of groundwater within a 5 km radius from the state border within the ridge and hill areas.
Findings of Court:
The Chief Secretary of the concerned state government is directed to stop all mining activities and pumping of groundwater in and from an area up to 5 km from the state border on the side of the ridge and also in the hills within 48 hours.
Issues: Whether interim directions were necessary to halt mining and groundwater extraction in the specified ridge area to protect the environment.
Ratio Decidendi: The court issued urgent interim directions to prevent environmental degradation by stopping harmful extractive activities in a sensitive ridge area while the responses to the notices are being considered.
Result: Notices issued and interim stop order granted.
Facts of the case:
In the course of proceedings in a writ petition, applications were filed seeking interim relief. The court directed the state administration to immediately cease all mining operations and the extraction of groundwater within a 5 km radius from the state border within the ridge and hill areas.
Findings of Court:
The Chief Secretary of the concerned state government is directed to stop all mining activities and pumping of groundwater in and from an area up to 5 km from the state border on the side of the ridge and also in the hills within 48 hours.
Issues: Whether interim directions were necessary to halt mining and groundwater extraction in the specified ridge area to protect the environment.
Ratio Decidendi: The court issued urgent interim directions to prevent environmental degradation by stopping harmful extractive activities in a sensitive ridge area while the responses to the notices are being considered.
Result: Notices issued and interim stop order granted.
ORDER
IAs Nos. 1783 and 1784
1. Issue notice. Mr D.N. Goburdhun accepts. Reply be filed within four weeks. Rejoinder be filed within four weeks thereafter. List after eight weeks.
2. Issue notice. Mr Bharat Singh accepts. Reply be filed within four weeks. Rejoinder be filed within four weeks thereafter. In the meantime, within 48 hours from today the Chief Secretary, Government of Haryana is directed to stop all mining activities and pumping of groundwater in and from an area up to 5 km from the Delhi-Haryana border in the Haryana side h of the ridge and also in the Aravalli hills.