M.C. MEHTA v. UNION OF INDIA AND ORS.

The Judgment of the Court was delivered by

Y.K. SABHARWAL, J. The main question to be examined in these matters is whether the mining activity in area upto 5 kilometers from the H Delhi-Haryana border on the Haryana side of the ridge and also in the Aravalli

M.C. MEHTA v. U.0.1. [Y.K. SABHARWAL. .I.] \39

hills causes environment degradation and what directions are required to be issued. The background in which the question has come up for consideration may first be noticed.

The Haryana Pollution Control Board (HPCB) was directed by orders of this Court dated 20th November, 1995 to inspect and ascertain the impact of mining operation on the Badkal Lake and Surajkund - ecologically sensitive area falling within the State of Haryana. In the report that was submitted, it was stated that explosives are being used for rock blasting for the purpose of mining; unscientific mining operation was resulting in lying of overburden materials (topsoil and murum remain) haphazardly; and deep mining for extracting silica sand lumps is causing ecological disaster as these mines lie unreclaimed and abandoned. It was, inter alia, recommended that the Environmental Management Plan (EMP) should be prepared by mine lease holders for their mines and actual mining operation made operative after obtaining approval from the State Departments of Environment or HPCB; the EMP should be implemented following a time bound action plan; land reclamation and afforestation programmes shall also be included in the EMP D and must be implemented strictly by the implementing authorities. The report recommended stoppage of mining activities within a radius of 5 krrls. from Badkal Lake and Surajkund (tourist place). The Haryana Government, on the basis of the recommendations made in the report, stopped mining operations within the radius of 5 kms of Badkal Lake and Surajkund. The mine operators E raised objections to the recommendations of stoppage of mining operations. According to them, pollution, if any, that was generated by the mining activities cannot go beyond a distance of 1 km. and the stoppage was wholly unjustified.

NEERI Report and eariier directions

By order dated April 12, 1996, the Court sought the expert opinion of F •. National Environmental Engineering Research Institute (NEER!) on the point whether the mining operations in the said area are to be stopped in the interest of environmental protection, pollution control and tourisl)l development and, if so, whether the limit should be 5 kms. or less. NEER! in its inspection report dated 20th April, 1996, inter a/ia, recommended that: G "6.1 Mining. (I) Detailed exploratory operations need to be undertaken to facilitate the estimation of reserves in the region, and for scientific management of mining operations.

(2) The mine lease-owners need to undertake the mining operations H

p. 140 Copy page pinpoint

A in series, i.e. mining activities must be completed to fulr potential in a block before moving to the next. This will help in reclamation of ..,. land in the block in which mining operations have been completed.

B (IO) The Environmental Management Plans (EMP) being formulated by the mine-owners should include land rejuvenation and afforestation programmes, and other measures necessary to protect the quality of the environment and human health. The mining operations should commence only after the approval of EMPs by a designated authority. j A time-bound action plan needs to be initiated for the implementation c of the measures delineated in the Environmental Management Plans.

(13) The question of lifting the ban on mining operations needs to be considered in conjunction with the implementation of stringent D pollution control, land reclamation, green belt, and other Environmental Management measures so as to facilitate the availability of construction materials and employment opportunities for the workers along with the protection of environment and public health.

(14) It is considered necessary to prepare a Regional Environmental E Management Plan for urgent implementation to enable eco-friendly regional development in the area."

On consideration of the reports, this Court came to the conclusion that the mining activities in the vicinity of tourist resorts are bound to cast serious impac·. on the local ecology. The mining brings extensive alteration in the natural land profile of the area. Mined pits and unattended dumps of overburdened left behind during the mining operations are the irreversible consequences of the mining operations and rock blasting, movement of heavy vehicles, movements and operations of mining equipment and machinery cause considerable pollution in the shape of noise and vibration. The ambient air in the mining area gets highly polluted by the dust generated by the blasting operations, vehicular movement, loading/unloading/transportation and the exhaust gases from equipment and machinery used in the mining operations. It was directed that in order to preserve environment and control pollution within the vicinity of two tourist resorts, it is necessary to stop mining activity within 2 kms. radius of the tourist resorts of Badkal Lake and H Surajkund. The Court further directed the Director, HPCB to enforce all the

M.C. MEHTA v. U.O I. [Y.K. SABHARWAL. J.] \41

recommendations of NEER! contained in para 6.1 of its report so far as the A mining operations in the State of Haryana are concerned. Further, it was directed that failing to comply with the recommendations may result in th.e closure of the mining operations and that the mining leases within the area from 2 kms. to 5 kms. radius shall not be renewed without obtaining prior no objection certificate from the HPCB as also from the Central Pollution B Control Board (CPCB). Unless both the Boards grant no objection certificate, the mining leases in the said area shall not be renewed. MC. Mehta v. Union of India and Ors., [1996] 8 SCC 462.

Present Issues

The aspects to be examined include the compliance of the conditions c imposed by the Pollution Boards while granting no objection certificate for mining and also compliance of various statutory provisions and notifications as also obtaining of the requisite clearances and permissions from the concerned authorities before starting the mining operations. D In matters under consideration, the areas of mining fall within the districts of Faridabad and Gurgaon in the Haryana State.

I.A. No. 1785/0 I has been filed by the Delhi Ridge Management Board praying that the Government of Haryana be directed to stop all mining activities and pumping of ground water in and from area upto 5 kms from Delhi- E Haryana border in the Haryana side of the Ridge, inter alia, stating that in the larger interest of maintaining the ecological balance of the environment and protecting the Asola Bhatti Wildlife Sanctuary and the ridge located in Delhi and adjoining Haryana, it is necessary to stop mining. In the application, it has been averred that the Asola Bhatti Wildlife Sanctuary is located on the southern ridge which is one of the oldest mountain ranges of the world and represents the biogeographical outer layer of the Aravalli mountain range which is one of the most protected areas in the country. The sanctuary is significant as it is instrumental in protecting the green lung of National Capital of Delhi and acts as a carbon sink for the industrial and vehicular emissions of the country's capital which is witnessing rapid growth in its pollution level each year. The ridge, it is averred, is a potential shelter belt against advancing desertification and has been notified a wildlife sanctuary and reserve forest by the Government of National Capital Territory of Delhi. Regarding the mining activities, it is averred that for extraction of Badarpur (Silica sand), there is large scale mining activity on the Haryana side just adjacent to the wildlife sanctuary of the ridge which activities threaten the sanctuaries habitat H

p. 142 Copy page pinpoint

A and also pumping of large quantity of ground water from.mining pits. It was also stated that the ground water level was being depleted as a result of the ". mining activity. Further, the query dust that comes out of mining pits is a ,. serious health hazard for human population living nearby and also the wild !

animals inhabiting the sanctuary pointing out that the mining and extraction of ground water had been banned in National Capital Territory of Delhi and B the ridge being protected as per the order of this Court, it is necessary, that the ridge on the Haryana side is also protected - that being the extension of the range and, therefore, mining, withdrawal of ground water and destruction of flora, etc. should also be restricted outside Delhi or at least upto 5 kms. from Delhi-Haryana border towards Haryana. c On 6'h May, 2002, this Court directed the Chief Secretary, Government of Haryana to stop, within 48 hours, all mining activities and pumping of ground water in and from an area upto Skms. from Delhi-Haryana border in the Haryana side of the ridge and also in the Aravalli Hills. The question to be considered is whether the order shall be made absolute or vacated or modified.

Our examination of the issues is confined to the effect on ecology of the mining activity carried on within an area of 5 Kms. of Delhi-Haryana Border on Haryana side in areas falling within the district of Faridabad and Gurgaon and in Aravalli Hills within Gurgaon District. The question is whether the mining activity deserves to be absolutely banned or permitted on compliance of stringent conditions and by monitoring it to prevent the environmental pollution.

EPCA Visits F In terms of the order passed by this Court on 22nd July, 2002, ;,, Environmental Pollution Central Authority (EPCA) was directed to give a ...l report with regard to environment in the area preferably after a personal visit to the area in question without any advance notice. It may be noted that EPCA was constituted by the Government of India under notification dated G 29th January, 1998 issued in exercise of power under Section 3(1) & (3) of the Environment (Protection) Act, I 986 (for short, 'the EP Act') Mr. Bhure Lal was appointed its Chairman. The EPCA was constituted with a view to I protect and improve the quality of environment and preventing, controlling ),' and abetting environmental pollution. EPCA has also the power to deal with environment issues pertaining to National Capital Region which may be H

M.C. MEHTA v. U.0.1. [Y.K. SABJ-IAR WAL. J.] 143

referred to it by the Central Government. The EPCA has jurisdiction over the A National Capital Region as defined in clause (f) of Section 2 of the National Capital Region Planning Board Act, 1985. The Districts of Gurgaon and Faridabad are part of the National Capital Region, under Section 2(f) read with the Schedule of the said Act.

The Chairman of the CPCB is a convenor member of EPCA. EPCA B made a surprise visit to the area to see the mining sites. The mining sites visited are located in the villages of Anangpur, Pali, Mohabatabad and Mangar, which fall within the notified area of 5 km radius from the Delhi border in the Faridabad district. EPCA also visited mining sites that are located outside the notified zone in Kot area, EPCA also held consultation with the officials of the Central Groundwater Board and obtained their opinion on this matter. On August 7, 2002, members of the EPCA visited the mining sites located within five km radius from Delhi border. The objectives of the visit, as per EPCA, were as follows :

I. Assessment of the level of compliance with the conditions laid down in the regulatory procedures like the No Objection Certificate (NOC) granted by authorities to the mine owners;

2. Evidence of land and habitat degradation in and around the mining sites;

3. Evidence of misuse and shortage of ground water in the area; E

4. Assessment of the implication of such activities for the local ecology and drinking water sources in the area.

During the visit, prima facie, EPCA found evidence of clear violation of some of the key conditions of order of this court dated May I 0, 1996. F >. EPCA 1st Report and Recommendations

The EPCA gave its report dated 9th August, 2002. It would be useful to reproduce the said report in extenso as under:

"Anangpur area and its vicinity : EPCA inspected the mining sites G owned by Mohan Ram and Company as well as at least 5 other mining sites in this area, which EPCA is not clear who owns. At the time of visit there was no mining taking place. So EPCA members assessed level of compliance with some of the key conditions ]aid down in the NOCs. There was clear evidence of violation of the H

p. 144 Copy page pinpoint

A following conditions. ,.. .

1Copy pinpoint1. The excavated pits should be filled with fly ash or municipal solid waste in the bottom layers. The top soil should be used as a top layer while filling the pit. Land reclamation and tree plantation should be done in a planned manner over the reclaimed B mine pits. ii. The applicant shall not discharge any effluent or groundwater outside their lease premises and shall take appropriate measures for rainwater harvesting and reuse of water so as I not to affect adversely the ground water table of the area. c No mining operation shall be carried out in the water table area.

111. The green belt proposed in the environment management plan around the proposed mining lease area and along the road side shall be developed. D The most serious violation noticed by the EPCA was the continuation of mining even after reaching the ground water level which has been disallowed by the regulatory agencies. Photographs taken by EPCA, which show deep mining pits have turned into large lakes of ground water. In this mining lease area EPCA members saw extensive and deep water bodies. The water was blue, indicating that this was groundwater and not surface water runoff collected in the pits.

Even more serious violation noticed was configuration of water pipes laid out to draw water out of the pits to throw them over hills and let the water flow out. This is a grave misuse of precious ground water in an area where ground water is the only source of water for the local population - both urban and rural.

EPCA members talked to local villagers who complained that water table in the area has gone down over a period of time and that the village is facing water shortage. While earlier ground water could be tracked at the depth of 30-35 ft. now deep bore wells have been dug to get drinking water, in addition, noise and dust pollution from the mining sites are a problem.

Goodwill mine in Pali village : EPCA found similar violation of conditions and evidence of mining sites reaching the level of ground water in deep pits and pipes fitted to drain out water here as well.

M.C. MEHTA v. U.0.1. [Y.K. SABHARWAL. J.] 145

\,),.. During the long drive to various mining sites, EPCA could not see any credible sign of green belt along the roads. Moreover, one important condition of NOCs is that "a safe distance should be maintained from the road to overburden dumps and the mine pits in accordance with the directions/notifications of the department of environment, Haryana and bureau of mines." But EPCA noticed mining sites very close to the roads and also very close to the ecologically sensitive area of Asola sanctuary near the Goodwill mines.

Stone crushing sites in Pali : EPCA has inspected the stone crushing .:.... sites in the area. All sites had a lot of material and trucks being loaded. It is difficult to establish if these are the left over material from the past or were products from banned sites or from sites from c outside the notified area. EPCA was informed that after the Hon 'ble Supreme Court directive of May 2002, the stone crushers were not being operated, except between the hours of 5 am to 9 am. EPCA was, therefore, unable to verify the working conditions of these crushers. But it did not find any evidence of afforestation as stipulated by the NEER! directive or any evidence of dust minimizing equipment. ., . Mining around Mangar village : Again the same situation was found around Anangpur. The villagers interviewed here were caught between the devastation of the mines, desperate shortage of drinking water and the only livelihood option that these manual stone quarries provided.

Legal mining in Kot area : As mmmg is banned along the 5 km radius from the Delhi border, EPCA also visited some mines that are outside the notified area to ascertain the state of the environment. In this area, surface mining is being done and not deep mining. Therefore, F '. as yet, the groundwater reserves are not being touched in this region. ) The entire area was 1ike a giant dust field. We saw no evidence of any afforestation or even dust minimising efforts being undertaken in the areas that are being mined. We did see one tanker of water, which was sprinkling the roads, unable to stop the dust from swirling. EPCA G could not see any protection for the workers from dust. As this area will clearly emerge as a major mining in the future, it is important

~ . that the mining area is properly demarcated and environment management plan implemented to enable scientific mining to minimize degradation of the environment. H

p. 146 Copy page pinpoint

A Faridabad-Gurgaon road : EPCA saw mining alongside the road. .... . Though the mines were closed because of the Hon 'ble court directive, EPCA saw vast pits and mining activity in this area. This is the road for the proposed bypass from Delhi.

3. The present laws and regulations in the area B We have assessed the current applicable laws and regulations in the area, which govern land use and mining so as to understand what efforts have been made by different agencies to ensure compliance .

• In may 1992, parts of the Aravalli range were declared ecologically sensitive under the Environment (Protection) Act c Under this notification, certain activities - including all new mining operations, including renewals of mining leases - are restricted and permission has to be sought from the Ministry of Environment and Forests. This notification is valid for reserved forests in the districts of Gurgaon in Haryana and Alwar in D Rajasthan .

• ln August 1992, the Forest Department of Haryana had issued a notification under the Punjab Land Preservation Act 1900, banning the clearing and breaking up the land not under cultivation, quarrying of stone ... in the Badkal area without prior permission E of the forest department. This ban was for 30 years. Earlier it had already issued a similar notification for the Pali area for 25 years.

• In 1996, the Hon 'ble Supreme Court banned aU mining activity within 2 kms of the Badkal and Surajkund tourist resorts.

In the same order, it ordered that mining leases within the area - from 2 km to 5 km radius shall not be renewed without obtaining no-objection certificates from the Haryana Pollution Control Board as also the Central Pollution Control Board (CPCB). It stipulated that "unless both the boards grant no objection certificate, the mining leases in the said area shall not be renewed". G • Mining in the 2-5 kms was allowed under condition that there would be strict adherence to the environment management plan laid down by the NEER!. It has to be noted here that the CPCB -,.· had in its report to the Hon'ble Court in 1996 stated that the "deep mining for silica is causing an ecological disaster". CPCB H

M.C. MEHTAv. U.O.l. [Y.K. SABHARWAL. J.] 147 has recommended that mining activity "should be stppped within A a radius of 5 kms from Badkal and Surajkund. The subsequent report of NEER! dated 20.4.1996, recommended green belt at I km radius all around the boundaries of the two lakes. On this basis, the Hon 'ble Court directed that radius be extended to 2 kms for a green belt and to cushion the impacts of air and noise B pollution.

• The Hon 'ble Court in its order asked the agencies to ensure enforcement of the recommendations of NEERI. It directed that "failure to comply with the recommendations may result in the closure of the mining operations." c

4. Compliance and enforcement : absent and missing

To discuss the future strategy for this area, it would be important to assess the track-record of the different agencies in ensuring that the previous orders and directives are enforced and complied with.

I. No mining within 2 kms of Badkal and Surajkund : Probably D enforced. But difficult to assess as the area is hilly.

2Copy pinpoint2. Mining within 2-5 kms should get permission from Haryana Pollution Control Board and CPCB. The CPCB has issued 2 NOCs, dated December 20, 2001 and May 6, 2002. No further E record has been found of NOCs given for mining in this area. EPCA has not been able to find the NOCs granted by the Haryana Pollution Control Board.

Compliance with the environmental management plans recommended by NEERI as directed by the Hon'ble Supreme Court. F ' S. No. Directive Enforced or not /

1. 200 mts wide green belt along Shrubs and wild growth. No real Surajkund and Badkal evidence of good afforestation.

2. I 00 mts wide green belt outside Definitely not done. EPCA did not G mining lease boundary see afforestation, except for some recent plantation of dying and dead trees in one or two places. The sign boards were more prominent than the trees they were supposed to H

148 SUPREME COURT REPORTS [2004J 3 S.C.R.

A show. .... .

3Copy pinpoint3. 100 mts open peripheral area Not done around stone crusher zone with green belt

4Copy pinpoint4. Green belt on either side of the We saw large scale construction on road between Surajkund and th is road - from schools to Badkal. management colleges and housing colonies.

5Copy pinpoint5. Mining should commence only There is no evidence of an c after the environmental environmental management plan management plan (EMP) is being adhered to in this region. approved by a designated authority

Adherence to the conditions of the No-objection Certificate granted by D CPCB for mining

S. No. Directive Enforced or not ••

1. Mining to be done with No evidence approved mining plan E

2. Excavated pit to be filled by EPCA saw no evidence that this fly ash or municipal solid waste recommendation had even been

F in the bottom layers. Overburden should be used in the middle layer. Top soil on top layer and afforestation. attempted to be followed. All abandoned mines were left open and degraded. The entire region was pockmarked with deep holes and - overburdens.

3. No discharge of effluent or Not done. Gross violation. See groundwater outside lease section on water for details. premises. Must take measures G for rain water harvesting and reuse of water so as not to affect the groundwater table in the areas. No mining operations shall be carried out in the water table area. H

M.C. MEHTA v. U.0.1. [Y.K. SABHAR WAL, J] 149

I .}. 4. Ambient air quality standards No evidence. Mine was closed. A to be complied with.

5. Noise level at the boundary No evidence. Mine was closed. shall conform with noise standards. B

6Copy pinpoint6. Green belt around lease area Not done. and roadside

7Copy pinpoint7. Clearance of groundwater No evidence. Groundwater board has board for the usage of the not given any clearance that we groundwater will be obtained, could ascertain. C for the conservation of groundwater and to ascertain that there will be no impacts on the groundwater table of the area. D From the above, it is clear that little or nothing has been done to seriously comply with the directives of the Hon'ble Supreme Court as well as to enforce the regulations and conditions laid down by the authorities for environmental management of the mining areas.

5. Impact on groundwater reserves E It has been argued by the Government of Haryana in its IA no.1785 of 2001 that the expert committee constituted by it under the Chairmanship of the principal conservator of forests has submitted that there is a water divide between the two boundaries of the two F States which prevents the flow of water from Delhi side to Haryana side. It has, therefore, argued that the mining on the Haryana side is not affecting the water balance in the Delhi side of the ridge.

It has further said that only in four pits the groundwater was pumped regularly and in two pits occasionally. Therefore, it has argued that G little or no impact on groundwater reserves is possible.

5.1.Groundwater Board

EPCA requested the Central Ground Water Board (CGWB) for its opinion. The Board has based its recommendations on the data H

150 SUPREME COURT REPORTS 12004] 3 S.C.R.

A available with it as well as a field survey. .J...

The key issues are :

1. On the issue of the ridge providing a water divide between the two States, the CGWB has maintained that while the surface water divide follows the Delhi-Haryana border, except in the B catchment of Bhuria Nala, 'the surface water divide may not be the groundwater divide in the strict sense due to secondary porosity and also flat topped nature of the hills.' It also states that the Aravalli hills are highly fractured, jointed and weathered making the major recharge zone for the surrounding areas. c 2. On the impact on the groundwater reserves due to mining, the Board has found that its observation wells have shown an increase in groundwater levels in Anangpur, Mangar, after the mining has been stopped in May. Therefore, in spite of monsoon failure and continued abstraction of water, the observation wells have noted D increased water levels within just 2 months of the mining being closed.

The groundwater levels in a tube well monitored in Mewla Maharajpur during mid July and first week of August showed a rise of 0.18 .. metres, A higher rise - 0.71 to 0.78 metres was observed in the two tube welis near the Mangar mines and Pali mines in the two months since the mines were closed. This clearly points to the impact of mining on groundwater reserves.

This fact was also confirmed in the interviews done by EPCA at site. .,

3. CGWB also notes that contrary to what has been claimed, the mined water is not being pumped into abandoned pits to recharge the groundwater. Instead the groundwater pumped is discharged ' into the surrounding nalas, leading to "wastage" of groundwater. ' For instance, in the case of Anangpur mines, the water was pumped into the Bhuria Nala and in the case of Pali, the groundwater was discharged into a nala to the Badkal lake and from Manger mine towards Dhauj lake causing "enormous losses to groundwater resources of the area". The mined water is also full of silt, which reduces recharge as well. '":,,i

4. Furthermore, CG WB notes that the large surface lakes in the mines are leading to huge losses of groundwater through

M.C. MEHTA v. U.0.1. [Y.K. SABHARWAL. J.] 151

'.i.. evaporation. A

5. The Central Ground Water Authority (CG WA) has notified these areas - South district of NCT Delhi, Faridabad, Ballabhgarh Municipal Corporation area, Gurgaon town as water stressed areas and has put regulatory measures on ground water development in these areas. B Given all this, CGWB concludes that the "dewatering of mines in the Aravalli hills has affected groundwater regimes of the mine area as well as buffer zone resulting in the depletion of ground water resources."

5.2. Compliance with groundwater related regulations c The NOC given by the Central Pollution Control Board, includes an explicit condition regarding ground water :

That the mine owner will ensure that there is no discharge of effluent of ground water outside lease premises. They must take D measures for rain water harvesting and reuse of water so as not to affect the groundwater table in the areas. Most importantly, it stipulates that no mining operations shall be carried out in the water table area. This condition has been grossly violated. Even the Haryana E government's affidavit in court accepts that pumping of ground water is taking place, though it attempts to soften the issue by arguing that it is only being done in a few cases.

Under this condition, mining is not allowed in the water table area. EPCA saw deep and extensive pits of mines with vast water bodies. F EPCA also saw evidence of pumps and pipes being used to drain out the ground water so that mining could continue. Therefore, the miners are mining for silica, but also in the process, mining and destroying the ground water reserves of the areas.

In times of such water stress and desperation, this water mining is G nothing less than a gross act of wastage of a key resource. This time the stress has been further aggravated by the failure of monsoon. Notices have been issued in the nearby housing colonies stating that fall in groundwater table due to lack of rains is responsible for water shortage in the area this season. This only indicates how important it H

152 SUPREME COURT REPORTS (2004] 3 S.C.R.

A is to conserve ground water in the region for long term sustainability of drinking water sources. Ground water is the only source of drinking water here."

On the basis of study and visn as well as the report of the Central Ground Water Board, EPCA made the following recommendations : B "I . The ban on the mining activities and pumping of ground water in and from an area upto 5 kms. from the Delhi-Haryana border in the Haryana side of the ridge and also in the Aravalli Hill must be maintained. /.

c 2. Not only must further degradation be halted but, all efforts must be made to ensure that the local economy is rejuvenated, with the use of plantations and local water harvesting based opportunities. It is indeed sad to note the plight of people living in these hills who are caught between losing their water dependent livelihood and between losing their only desperate livelihood to break stones in the quarries. It is essential that the Government of Haryana seriously implements programmes to enhance the land based livelihood of people - agriculture, animal care and forestry. Local people must not be thrown into making false choices, which may secure their present -but will destroy their future. Already, all the villages visited by EPCA complained of dire and desperate shortages of drinking water. Women talked about long queues before taps to collect water. Clearly, water resources of the region are critical inputs to development and cannot be wasted and destroyed like this. The state government must come up with strategies to involve local communities in the future development of this region. _, We have been given to understand that under the mining lease, -<, I 0 per cent of the royalty is to be given to local villagers. We have also understood that the turnover is of the mining operations in this area is substantial - between Rs.50 lakhs to Rs. I crore a G day were the gross estimates provided to us. However, we do not have any estimate of the money that has been given to villagers from this revenue. But there was little evidence in these poor and destitute villages that any effort had been made to share the proceeds with them.

H 3. The Central Ground Water Board must be consulted urgently

M.C. MEHTA v. U.O.L [Y.K. SABHARWAL, J.] 153

about what should be .done with the huge standing water in the A ' ..... area. This is a valuable national resource and the Board should be asked if the water is best conserved by covering it to stop evaporation or should it be used for recharge and storage with further water harvesting efforts.

4. The Ministry of Environment and Forests (MOEF) should be B asked to extend the notification under the Environment (Protection) Act to the Faridabad part of the Aravalli and ridge as well. Currently, the notification 'is only for Gurgaon district. This notification declaring it an ecologically sensitive area will help to regulate the activities in this region. c

5. It is not clear to us if adequate planning for water is being done in the large scale construction activities being undertaken in this area. This aspect is outside the purview of this report but needs to be examined carefully.

6. It must also be noted that Gurgaon-Faridabad road is being proposed as the major bypass for the city of Delhi. The Hon 'hie Court will note its directives on the air pollution case in this regard. It has been said to the court in that matter that the Government of Haryana is intending to widen the road al)d bids have even been issued to this effect. Therefore, it is all the more important that the mining activity along the road must not be allowed. The 5 kms. ban from the border of Delhi will take care of this requirement.

7. EPCA would also recommend that the mining area outside the 5 kms. area must be demarcated and regulated. In this context, EPCA would like to draw the attention of the court to the violations and gross disregard for regulations found in the present ',; mines. It is not out of place to mention that these mines are owned by very powerful and highly placed individuals in the establishment. In a related case the High Court of Punjab and Haryana has directed on 20.4.200 I a CBI enquiry on the basis of G a public interest litigation filed by a journalist. In its order the Hon'.ble Court maintained that its examination has found evidence that illegal mining operations are going on in the area. The Hon'ble Court also noted the bias of the State Government to "· shield the offenders and has said that because there is prima facie evidence of the involvement of a 'person who holds the H

154 SUPREME COURT REPORTS [2004] 3 S.C.R.

A high position of the cabinet minister in the state', the enquiry ...... should be done by CBI. This enquiry is still ongoing. During the examination of the case, EPCA was told of other persons involved in the mining activity who are highly influential and part of the ruling political parties in the State and Centre. B In this respect, EPCA would recommend that tighter and constant monitoring of the area must be done by a Central Government agency. To increase accountability, EPCA would also recommend that the environment management plan (EMP) for the mining j.. area as well as the conditions of the NOC should be made a c public document. All other subsequent monitoring reports of this region must be available publicly, preferably on the website of the monitoring agency."

With the report, a note given by the Chairmen, Central Ground Water Board on impact of pumping of ground water ·from mines and ground water regime in mining area and its buffer zone in Aravalli hills of NCT Delhi, Faridabad and Gurgaon Districts of Haryana was also annexed. The said note reads as under :

Based on available data with Central Ground Water Board and a quick survey in and around mining area in Aravalli hills, following observations are made - "I. The area under consideration forms part of Aravalli range from where mining of silica-sand and other construction material was being carried out. The mining of silica sand was mainly carried out below water table by dewatering the mines whereas mining for other construction material is carried out above water table. The major mining areas are Anangpur, Pali, Manger and Mohabbatabad.

2. The surface water divide in the area approximately follows Delhi- Haryana boarder except the catchment of Bhuria Nala flowing in G Haryana State, which extends in Asola area of Delhi State also. The formations in the Aravalli hills are highly fractured, jointed and weathered making it the major recharge zone for the surrounding areas. The surface water divide may not be ground water divide in strict sense due to secondary porosity and also flat-topped nature of the hills. H

'r· M.C. MEHTA v. U.0.1. [Y.K. SABHARWAL. J.] 155 ..... 0 -'· The pumping of ground water during mining of Silica sand affects ground water regime of surrounding area. During the field visit, it was reported by local people that during the dewatering of mines there was decline in ground water levels and reduction in discharge in surrounding wells whereas after stoppage of pumping the rise in water levels and increase in discharge has been reported. Jn few observation wells on down stream side of mines rise in ground water levels has been observed in Anangpur, Manger and villages after stoppage of abstraction of ground water from deep

• mines. The ground water levels in a tube well monitored in Mew la Maharajpur during mid July 2002 and first week of August 2002 were 24.39 and 24.57 m. below ground level respectively, c showing a rise of 0.18 m. Ground water levels in tube well located at temple near Manger mine in second week of July 2002 and first week of August, 2002 were 51.70 and 49.99. m. below ground level respectively showing a rise of 0.71 m. Similarly, ground water level in a tube well at Indernagar in Delhi area near Pali mine in third week of June 2002 and first week of August 2002 were 59.68 and 58.90 m. below ground ., level respectively showing a rise of 0.78 m. The stoppage of dewatering of mines has resulted in rise of ground water levels in surrounding areas.

4. It has been observed that drainage pattern of the area has been modified due to haphazard mining and dumping of waste material which has bearing on natural path of ground water flow in the area.

5. It is claimed that abandoned pits act as recharge pits and in some cases the pumped ground water is put in these pits so there may F ;' not be substantial modification in the conditions of ground water regime. All the ground water pumped out from Anangpur mine has not been put into abandoned adjoining pits resulting in wastage of ground water by discharge into Bhuria Nala. Observation have indicated that Bhuria Nala which was ephemeral stream became G a perennial stream during mining operations and now flow has stopped after closure of mining activity. Similarly, pumped out ground water from Pali mine was being discharged in a easterly )'J flowing nala to Badkal Lane a~d from Manger mine in a south westerly flowing nala towards Dhauj lake causing enormous losses to ground water resources of the area. Further, the pumped .out H

156 SUPREME COURT REPORTS [2004] 3 S.C.R.

A water cannot be recharged effectively due to its high silt content. In silica sand mines the water table has been intersected and in .... presently exposed to the atmosphere causing huge losses to ground water through evaporation.

6. Studies conducted by Central Ground Water Board have revealed B that water levels in Faridabad new town which falls in buffer zone of mine area have declined by 1.44 m/year. The decline of ground water level in the towns has been attributed to over development of ground water for domestic and industrial uses which is totally dependent on ground water. The pumping out of ,, ground water for mining of silica sand in recharge zone might c have aggravated the declining trend of ground water levels which otherwise would have contributed to the buffer zone.

7. Central Ground Water Authority has notified South district of NCT Delhi and Faridabad and Ballabhgarh Municipal Corporation area and Gurgaon town and adjoining industrial area in August D 2000, October 1998 and December 2000 respectively mainly on consideration of over development of ground water resources resulting in substantial decline in ground water levels. Regulatory measures on ground water development have been imposed in these areas.

8Copy pinpoint8. Therefore, it is observed that dewatering of mines in Aravalli hills has affected ground water regime of the mine area as well as buffer zone resulting in depletion of ground water resources."

When the aforesaid report came up for consideration, some of the mine owners submitted that their mines had not been inspected by Bhure Lal F Committee. Particulars of the mines that were stated to have not been inspected were filed on 23rd September, 2002. Bhure Lal Committee was requested to carry out the inspection of the said areas/mines. The Committee was also permitted to associate such other organizations or persons as it may deem fit and proper for the purpose of inspection. G EPCA 2nd Report and Recommendations

In terms of the aforesaid order, 26 mines were inspected and report dated 2 !st October, 2002 was submitted. The observations made as a request of inspection in regard to each mine are as follows : H

M.C.MEHTAv.U.0.1. [Y.K.SABHARWAL.J.] 157

"The numbers indicated in parenthesis are serial number of mines A given in the list of mines furnished by Kailash Vasudev, senior advocate to the Hon'ble Supreme Court that was forwarded to EPCA.

I. (no.9)

Name of Mine/Area : New Anangpur Silica Sand Mines Mis S.P. B Sethi,

Location : Village New Anangpur, Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 186.52 hec. c Mineral Extracted : Silica Sand Mines

Status of Mining : Above groundwater level

Whether groundwater is extracted : No. D Status of environmental clearances No clearance given. No environmental management plan.

This mine is located very close to the Delhi border (in close proximity to the Asola sanctuary). EPCA members were shown two pits, which were not being worked currently. There was no groundwater E exploitation seen in these pits. Only brown stagnant rain water was seen. But what was very clear was that this mining lease was adjoining the boundary of Delhi. Only recent plantation of sapling was noticed along the path.

2. (13) F •. Name of Mine/Area: Anangpur Silica Sand Mines Mis. Mohan Ram and Co.

Location : Village Anangpur, Distt. Faridabad. G Total Area of Land on lease/Actual area under mining activity : 175.00 Hee.

Mineral Extracted: Silica Sand Mines.

Status of Mining : Below groundwater level H

158 SUPREME COURT REPORTS [2004] 3 S.C.R.

A Whether ground water is extracted :. Yes _,.. . Status of environmental clearances : NOC granted by state pollution control board for renewal of lease in 1999. No environmental management plan.

B This mine has large pits where sand and silica was being extracted. This was a working mine and had large amount of water in the two pits. EPCA members also saw a pipe, which was currently unused, meant for pumping out the water from the pits. The pits were at least I 00-150 feet deep and the groundwater had been clearly exploited for some time. Large amount of overburden were also seen in the area. c

Name of Mine/Area: Anangpur Silica sand mines, Mis. S.P. Sethi, Anangpur.

D Location: Village Anangpur Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 489.34 hec.

Mineral Extracted : Silica sand, China clay, ordinary sand, stone road E material (RM) and masonry stone (MS)

Status of Mining : Below groundwater table

Whether ground water is extracted : Yes.

Status of environmental clearances: No clearance given. No F environmental management plan.

The mining pit here has tuned into a huge groundwater lake, , Groundwater is fully exposed. Extensive oberburden could be seen °' near the pits. It was very evident that no major efforts were made to create plantation in the area. Some new and young saplings could be G seen along side the paths leading to the pits. Clearly these were planted very recently.

Name of Mine/Area: Anangpur Silica sand mines, Mis. Rajdhani H Minerals Corporation.

M.C. MEHTA v. U.0.1. [Y.K. SABHARWAL, J.] 159 Location: Village Anangpur Distt. Faridabad. A Total Area of Land on lease/Actual area under mining activity: 188.47 hec.

Mineral Extracted : Silica sand, China clay, ordinary sand, stone RM and MS B Status: seen one closed pit. Did not see any water.

Status of environmental clearances: NOC granted by State Pollution Control Board.

5. (7) c Name of Mine/Area: Mewla Maharajpur Silica sand mines, Mis K.C. Ahuja & Co.

Location: Village Mewla Maharajpur Distt .. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 162.905 D hec.

Mineral Extracted : Silica sand, China clay, ordinary sand, stone road material (RM) and masonry stone (MS)

Status : surface mining from the rocks E Whether ground water is extracted : No.

Status of environmental clearances: No clearance given. No environmental management plan.

One pit seen, Mostly stone being quarried. Some water seen. No F • evidence of tree plantation seen in the area. But mine pits are adjoining road.

Name of Mine/Area: Mis. Ramkrishna Pumi Devi. G Location: Village Badkal Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 369.4 hec. H

160 SUPREME COURT REPORTS [2004] 3 S.C.R.

A (Of this 121 hec. Falls within 2 km ofBadkal Tourist Complex where mining has been banned)

Mineral Extracted : Silica sand, ordinary sand, road metal, masonry stone and minor mineral

B Status: mining above groundwater table

Whether ground water is extracted :

No. Status of environmental clearances: No clearance given. No environmental management plan.

C EPCA members saw one pit located next to the border of Delhi. The mining area is hard rock and the pit was being worked for stone. The mining site was at the boundary of Delhi and the Aso la sanctuary was seen at a close distance. This mine is also adjoining the road.

7. (2) D Name of Mine/Area: Mohan Ram & Co. Proprietor Kartar Singh.

Location: Village Pali Distt. Faridabad.

Mineral extracted : Ordinary stone, road metal, masonry stone

E Under litigation in High Court of Delhi.

Name of Mine/Area: Pali Silica Sand Mines, M/s Goodwill Mineral Corporation. F Location: Village Pali, Distt. Faridabad. ,. Total Area of Land on lease/Actual area under mining activity: 50.5 ·1. hec.

Mineral Extracted : Silica sand, China clay, sand G Status of Mining : Below water table.

Whether ground water is extracted : Yes.

Status of environmental clearances: NOC granted by State Pollution ·~· Control Board in 1999 for renewal of lease. Asked to comply with H

M.C. MEHTA v. U.0.1 [Y.K. SABHARWAL. .I.] 161

conditions laid down by CPCB as well. No environmental management plan as yet.

A deep pit with extensive water body. Pipes pumps and generators could be seen at the site. Water is extracted from the pit. Very little plantation could be seen at the site. The pit is contiguous to other mines in the area and the extent of groundwater being exploited is massive and the expanse is vast. Some trees have been planted along the roadside. This mine is adjoining the main Delhi bypass of Faridabad-Gurgaon, which is being tendered for a four-lane highway.

9Copy pinpoint9. (17)

Name of Mine/Area: Mis. Sheeshpal Singh c Location: Village Pali, Dist!. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 127.95 hec. D Mineral Extracted : Silica, China clay, sand, quartzite

Status: Below groundwater table.

Whether ground water is extracted : Yes.

Status of environmental clearances: No clearance given. No E environmental management plan.

Large lake of ground water could be seen at the site. The lake apparently covers a few contiguous mining pits. No efforts to create plantation in the area except a few young saplings which seemed to F have been planted very recently. Huge overburden could be seen near • ; the pits. This mine is adjoining the main Delhi bypass of Faridabad- Gurgaon, which is being tendered for a four lane highway.

10Copy pinpoint10. (20)

Name of Mine/Area: M/s. Ram Chandar G Location: Village Gothra, Mohatabad, Dist!. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 296 hec.

Mineral Extracted : Silica sand, ordinary sand, road metal and masonry H

162 SUPREME COURT REPORTS [2004] 3 S.C.R.

A stone.

Status: Below groundwater table

Whether ground water is extracted : Yes.

Status of environmental clearances: No clearance given. No B environmental management plan.

Deep mining pits with large water bodies could be seen. The mine is also contiguous to the other mines so the amount of water that is being exploited is massive and uncontrolled. Huge amounts of overburden were also seen in the area. In this mine some efforts have c been made to create plantations and the trees, unlike those seen in other areas, were more mature. This mine is adjoining the main bypass of Faridabad-Gurgaon, which is being tendered for a four-lane highway.

11Copy pinpoint11. (22) D Name of Mine/Area: M/s. Maruti Minerals.

Location: Plot No. I Village Manger, Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 63.225 hec. E Mineral Extracted : Silica sand, China clay, ordinary sand, road metal and masonry stone.

Status: above groundwater.

F Whether ground water is extracted : No.

Status of environmental clearances: clearance given. No environmental management plan.

Observed surface stone mining. No water seen. New lease and so the mines have not reached ground water levels as yet. But mine ear G Delhi bypass of Faridabad-Gurgaon road.

12A. (1) Name of Mine/Area: Mis. Seven Mines and Minerals Pvt. Ltd.

Location: Plot No.6, Village Manger, Distt. Faridabad. H

M.C. MEHTA v. U.0.1. [Y.K. SABHARWAL. .I.] 163 Total Area of Land on lease/Actual area under mining activity: 59.3875 A ;+ hec.

Mineral Extracted : Ordinary sand, road metal and masonry stone.

Status: Above groundwater table

Whether ground water is extracted : No. B Status of environmental clearances: Clearance given. No environmental management plan.

Observed surface stone mining. No water seen. New lease and so the mines have not reached groundwater levels as yet. But mine near C Delhi bypass of Faridabad-Gurgaon Road.

Name of Mine/Area: Mis. Seven Mines & Minerals Pvt. Ltd.

Location: Plot No.8, Village Manger, Distt. Faridabad. D

Total Area of Land on lease/Actual area under mining activity: 63.75 hec.

Mineral Extracted : Ordinary sand, .road metal and masonry stone. E Status: Above groundwater table

Whether ground water is extracted :

No. Status of environmental clearances: Clearance given. No environmental management plan. F Observed surface stone mining. No water seen. New lease and so the mines have not reached groundwater levels as yet. But mine near Delhi bypass of Faridabad-Gurgaon road.

13Copy pinpoint13. (25) G Name of Mine/Area: Mis. Ashok Minerals industry

Location: Plot No.7, Village Manger, Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity:67.00 hec. H

164 SUPREME COURT REPORTS [2004] 3 S.C.R.

A Status: Above groundwater table

Whether ground water is extracted : No.

Status of environmental clearances: No clearance given. No environmental management plan. B Observed surface stone mining. No water seen. New lease and so the mines have not reached groundwater levels as yet. But mine is on the Delhi bypass of Faridabad-Gurgaon road.

14Copy pinpoint14. (23)

C Name of Mine/Area: Mis. Jaikrishan Impex Pvt. Ltd.

Location: Plot No.2 & 3, Village Manger, Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 44. 785 hec and 56.4375 hec. D Mineral Extracted : Stone mining

Status: Below groundwater table

Whether ground water is extracted : Yes.

Status of environmental clearances: No clearance given. No E environmental management plan.

Was shown one pit with small water collection. But at a distance seen another pit with large amount of groundwater collected. This mine is being worked and clearly water must have been pumped from the mine. Deep pits seen. But mine is near Delhi bypass of Faridabad- F Gurgaon road. ,,..

15Copy pinpoint15. (I 0)

Name of Mine/Area: Mis. Faridabad Gurgaon Minerals. ' G Location: Plot No.5 Village Manger, Dist!. Faridabad.

Total Area of Land on lease/Actual area under mining activity:33.0375 hec.

Mineral Extracted : Ordinary sand, road metal and masonry stone

H Status: Below groundwater table

M.C. MEHTA v. U.0.1. (Y.K. SABHARWAL, .I.] 165 Whether ground water is extracted : Yes. A Status of environmental clearances: No clearance given. No environmental management plan.

Exposed groundwater could be seen. This mine was also been worked. Deep pits seen in this mine. B

16Copy pinpoint16. (24)

Name of Mine/Area: M/s. Patram Mines and Minerals Pvt. Ltd.

Location: Plot No.11, Village Manger, Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 126.75 c hec.

Mineral Extracted : Silica sand and stone

' Status: Above groundwater table. D Whether ground water is extracted : No.

Status of environmental clearances: No clearance given. No environmental management plan.

Stone quarry. No water seen. Some efforts have been made to create E plantation.

17Copy pinpoint17. (18)

Name of Mine/Area: Mis. Sheeshpal Singh

Location: Village Pali, Distt. Faridabad. F Total Area of Land on lease/Actual area under mining activity: 44.48 hec.

Mineral Extracted : Silica/Ord. Sand & stone, road metal and masonry stone G Status: Above groundwater table

Whether ground water is extracted : No.

Status of environmental clearances: No clearance given. No environmental management plan. H

166 SUPREME COURT REPORTS [2004] 3 S.C.R.

A Recent lease. Mining activity had recently started. New pit seen and as yet only stone was being quarried.

18Copy pinpoint18. (4)

Name of Mine/Area: Pali Silica Sand Mines, Mis. S.P. Sethi.

B Location: Village Pali, Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 82.20 hec.

Mineral Extracted : Silica/Ord. Sand, china clay stone (road metal and masonry)

Status: Below groundwater table

Whether ground water is extracted : Yes.

Status of environmental clearances: NOC given by State Pollution D Control Board in 1999 for renewal of lease. No environmental management plan.

Pit with little water seen. Being worked. Large amount of overburden was seen close to mine. 1 hec of plantation created near mine.

19Copy pinpoint19. (3)

Name of Mine/Area: Pali Silica Sand Mines, M/s. P.K. Sethi

Location: Pali, Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 162 F hec.

Mineral Extracted : Sand china clay, stone (road and masonry)

Status: Above groundwater table

Whether ground water is extracted : No. G Status of environmental clearances: No clearance given. No environmental management plan.

Pit with no water seen. Being worked. Large amount of overburden was seen close to mine. H

M.C. MEHTA v. U.0.1. [Y.K. SABHARWAL, .I.] 167

20Copy pinpoint20. (5) A Name of Mine/Area: Pali Silica Sand Mines, M/s. Lucky Minerals

Location: Village Pali, Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 261.36 hec. B Mineral Extracted : Sand, china clay stone (road metal and masonry)

Status: Above groundwater table

Whether ground water is extracted : No. c Status of environmental clearances: No clearance given. No environmental management plan.

Pit with no water seen. Being worked. Large amount of overburden was seen close to mine. Nominal plantation seen. But area with lessee is very large over - 261 ha - and no idea if other mines in the area have reached water levels.

21Copy pinpoint21. (6)

Name of Mine/Area: Mohabatabad Silica sand mines, M/s. P.K. Sethi E Location: Village Mohtabad, Distt. Faridabad.

Total Area of Land on lease/Actual area under mining activity: 399.59 hec.

Mineral Extracted : Sand, china clay, stone (road metal and masonry) F Status: Above groundwater table

Whether ground water is extracted : No.

Status of environmental clearances: No clearance given. No environmental management plan. G Shown pit where stone is being quarried. But area with lessee is very large over - almost 400 hec. - and no idea if other mines in the area have reached water level as yet.

22Copy pinpoint22. (14) H

168 SUPREME COURT REPORTS [2004] 3 S.C.R.

A Name of Mine/Area: Mis. Tejvir Singh and Co.

Location: Village Bandhwari, Dist!. Gurgaon.

Total Area of Land on lease/Actual area under mining activity: 91.20 hec.

B Mineral Extracted Silica Sand, Ord. Sand, china clay, quartz & stone mine.

Status: Above groundwater table

Whether ground water is extracted : No. c Status of environmental clearances: Clearance given. No environmental management plan.

Stone quarry. Very recent lease granted and clearance has only been done in April 2002. Large seemingly abandoned, pits seen on road. D Labourer colony near on road near mine and a number of trucks seen on this road carrying material. No plantation seen.

23Copy pinpoint23. (15)

Name of Mine/Area: Mr. Ashok Gupta

E Location: Village Balola, Distt. Gurgaon.

Total Area of Land on lease/Actual area under mining activity: 19.15 hec.

Mineral Extracted : Silica Sand and china clay.

F Status: Above groundwater table

Whether ground water is extracted : No.

Status of environmental clearances: Clearance given. No environmental management plan. G Stone quarry Recent lease and clearance of January 2002. No plantation seen. The mine is on the main Delhi bypass - Gurgaon-Faridabad road, which is being developed as a four-lane bypass.

24Copy pinpoint24. (16) H

M.C. MEHTA v. U.0.1. [Y.K. SABHARWAL, J.] 169

Name of Mine/Area: Mr. Ashok Gupta A Location: Plot No.3, Village Behrampur, Dist!. Gurgaon.

Total Area of Land on lease/ Actual area under mining activity: 94.05 hec.

Mineral Extracted : Silica sand quartzites. B Status: Above groundwater table

Whether ground water is extracted : No.

Status of environmental clearances: No clearance given. No. C environmental management plan.

Stone quarry. Recent lease. No plantation seen. But near village. As this mine is near the five km radius, other mines with crushers and blasting seen· at close distance.

(l IB - 22) D Name of Mine/Area: Mis. Maruti Minerals --; Location: Village Haidpur, Dist!. Gurgaon.

Total Area of Land on lease/Actual area under mining activity: 18.125 E hec.

Mineral Extracted : Stone

Status: Above groundwater table

Whether ground water is extracted : No. F Status of environmental clearances: No clearance given. No environmental management plan.

Stone quarry. No plantation seen. Near habitation of Gurgaon town.

25Copy pinpoint25. (21) G Name of Mine/Area: Mr. Karan Singh

Location: Village Nathpur, Dist!. Gurgaon.

Total Area of Land on lease/Actual area under mining activity: 5.996 H

170 SUPREME COURT REPORTS [2004] 3 S.C.R.

A hec.

Mineral Extracted : Silica Sand .

Status: Above groundwater level (surface mining)

Whether ground water is extracted : No. B Status of environmental clearances: No Clearance given. No environmental management plan.

Stone quarry. No plantation seen. Mine on main Delhi-Gurgaon road at the border of Delhi. Mine lease recently awarded at the edge of the C DLF residential colony. Allegations that illegal mining is being done at the Delhi side of this mine. Next to the protected area of Delhi forest.

In respect of the ground water regime the report states that :

D "The key issue to examine is the impact of mining on the ground water regime in the region. It is evident from the inspection done by EPCA that ground water reserves are being exploited and destroyed, it must be stressed that it is not a matter of individual mines reaching ground water levels or not, the issue to examine is the water regime of the entire area." E The report further states that "during its inspection to the mines, Kar:tar Singh '1adana, Minister of Cooperatives in the State and also a mine owner told EPCA members that the impact of ground water abstraction is minimal. He maintained that the miners were harvesting the water and not allowing it to flow to the Yamuna, where it would be lost to the State. A perusal of the reports of the ground water regime shows that this contention cannot be upheld."

It is also stated in the report that "the geology and geomorphology of the area comprises oldest exposed lithology with upland units. The rock type is mainly quartzite and these rise 150-200 metres above ground level in the quartzite's the ground water aquifers occur in the weathered zones and interspaces within interconnected joints and fractures. According to the CGWB, the unconfined aquifer is about 50 metres thick. But between the 50-110 metre below ground level (bgi) a thick clay layer ranging in thickness from 25-60 metres separates the top unconfined aquifer from the confined aquifer. H

M.C.MEHTAv.U.O.L [Y.K.SABHARWAL,J] 171

) ~· The mines inspected by EPCA were below 150 feet (45 metres) and on checking it was found that most mines were further operating at 20-100 feet (6-30 metres) below water levels. This means that the mines are abstracting water from the confined aquifer. As annual rainfall mostly replenishes the unconfined or top aquifer levels, the mining activity is destroying a non- renewable resource. EPCA saw deep and extensive pits of mines with vast waterbodies - stretching at times to a kilometer and more. EPCA also saw evidence of pumps and pipes being used to drain out the ground water so that mining could continue. Therefore, the miners are mining for silica, but also in the process mining and destroying the ground water reserves of the areas.

The NOC given by the Central Pollution Control Board includes an explicit condition regarding ground water :

"That the mine owner will ensure that there is no discharge of effluent or ground water outside lease premises. They must take measures for rain water harvesting and reuse of water so as not to affect the ground water table in the areas. Most importantly, it stipulates that there should be no mining operations shall be carried out in the water table area."

The report of the Central Ground Water Board states very categorically that the ground water table is already at a critical stage in Faridabad. It states, 'The stage of ground water development of Faridabad block is 89.02 percent in dark category and no further abstraction of ground water should be carried out to avoid any adverse environment impact on ground water regimes. Thus no additional tube wells are advisable to be constructed for community water supply scheme even though they may not affect the storage in Badkhal lake.' The report further states that 'The domestic water supply to Faridabad town has to be catered and there are no surface water source which can be tapped.'

t' EPCA further observes that most of the mining is happening inside the municipal area of Faridabad. In fact, Department of Mines and Geology states in the letter dated October 12, 2002, 'it is submitted that the mineral rights of the mines vests with the State Government.. .. The surface rights of villages Badkhal, Pali, Gothra, Mohabatabad, Anangpur, Mewla Maharajpur are with municipal corporation, Faridabad, and Manger revenue estate are with gram panchayat.'

Sensitivity of this region is further accentuated by its close proximity to the reserved forests of Asola sanctuary located at the border of Delhi and H -'

172 SUPREME COURT REPORTS [2004] 3 S.C.R.

A Haryana and other ecologically sensitive areas like Surajkund and Badkhal I' , lake.

Even in Gurgaon, the CGWB report indicates that the ground water scenario is grim. According to CGWB, the 'ground water development of Gurgaon block is 124 per cent, indicating that the entire block in which B Gurgaon town is situated is over exploited.' The ground water levels are also falling dangerously according to the report of CGWB which recommends strict regulatory measures for ground water use.

The EPCA, while reaffirming the recommendations that had been made in its earlier report dated 9th August, 2002, made the following recommendations : .,._

"The overall assessment of the environmental impact of the mining activities in the area especially its implication for ground water level in the region reaffirms EPCA's assessment presented in its earlier report. EPCA upholds its earlier recommendations made vide the report submitted to the Hon'ble Supreme Court on August 9, 2002.

EPCA is concerned that if mining is allowed to continue in this area, it will have serious implications for the groundwater reserve which is the only source of drinking water in the area. EPCA has also noticed uncontrolled construction activities that will expand urban habitation considerably in future. Unless immediate measures are taken to conserve and augment water resources in the area acute survival crisis is expected. Interviews with local villagers in the vicini.ty of mines confirm that water shortage is already a serious problem in the region.

The extent of degradation in and around mines is the evidence of failure to enforce basic rules for ecological safeguards. Recent attempts at planting trees are cosmetic. Exposed ground water lakes observed in mining sites only reconfirms the worst fears. If mining could not be stopped in so many pits even after reaching groundwater level there is no guarantee that even some of those mines still at the surface level will abide by the stipulated norms when they reach the water table."

Submissions for Confirming or varying Order dated 6th May, 2002

Having regard to the ground realities as reflected in the aforesaid reports, should the order passed on 6th May, 2002 be varied is the question? The

M.C. MEHTA v. U.0.1. [Y.K. SABHARWAL, J.] 173

continuance of the order has been strenuously objected to by the mining lease holders and also by the Government of Haryana. Various applications have been filed seeking vacation of the order and in support thereof, submissions have been made mainly by Mr. Shanti Bhushan, Dr. Rajeev Dhawan, Mr. Kapil Sibbal, Mr. K.B. Rohtagi and Mr. Dhruv Mehta representing the lease holders and Mr. Mukul Rohtagi, learned Additional Solicitor General B representing the Government of Haryana. We have also heard Mr. Raju Ramachandran and Mr. Altaf Ahmad, learned Additional Solicitor Generals for the Ministry of Environment and Forest, Government of India, Mr. C.S. Vaidyanathan and Mr. Kaushik (in support of IA No.1825/2002 filed by the villagers). Mr. Ranjit Kumar, learned Amicus and Mr. M.C. Mehta, Advocate/ petitioner-in-person and Mr. Kailash Vasudeva for Government of Delhi have C made submissions in support of closure of mining activity and for making the order dated 6th May, 2002 absolute by prohibiting all mining activities and pumping of ground water in and from an area upto 5 kms. from Delhi- Haryana Border in the Haryana side of the Ridge and also in the Aravalli Hills. D Notifications Regarding Mining on Aravalli Hills

The notification dated 7th May, 1992 issued by the Ministry of Environment and Forest, Government of India under Section 3(2)(v) of the EP Act read with Rule 5 of the Rules made under the said Act has considerable bearing on the aspect of mining in Aravalli Hills. The notification, inter a/ia, E bans all new mining operations including renewals of mining leases and sets out the procedure for taking prior permission before undertaking such an activity. The notification, in so far as material for the present purposes, reads:

"S.0.3 I 9(E) - Whereas a Notification under Section 3( I) and Section F 3(2) (v) of the Environment (Protection) Act, 1986 (29 of 1986) inviting objections against restricting certain activities in specified area of Aravalli Range which are causing Environmental Degradation in the Region was published in the Gazette of India Part II-Section 3 sub-section (ii) vide S.O. 25 (E) dated 9th January 1992; G And whereas all objections received have been duly considered by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2), of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with rule 5 of the H

174 SUPREME COURT REPORTS [2004] 3 S.C.R.

A Environment (Protection) Rules, 1986 the Central Government hereby prohibits the carrying on the following process and operations, except with its prior permission, in the areas specified in the Table appended to this Notification :

(i) B (ii) (a) All new mining operations including renewals of mining \~