RURAL LITIGATION,& ENTITLEMENT KENDRA v. STATE OF U.P.

732 SUPREME COURT REPORTS [1988] Supp. 2 S.C.R.

A this Court without provision for compensation. Indisputably displace- ment has been suffered by these lessees and the sudden displacement must have up-set their activities and brought about substantial incon- venience to them. The Court has no other option but to close down the mining activity in the broad interests of the community. This, how- ever, does not mean that the displaced mine owners should not be B provided with alternative occupation. Pious observation or even a direction in that regard may not be adequate, what is necessary is a time frame functioning if.rehabilitation is to be made effective. It is, therefore, necessary that a Committee should be set up to over-see the rehabilitation of the displaced mine owners. The Uttar Pradesh Government, as apprehended by many of these mine owners, by itself may not be able to meet the requirements of the situation. It may be c that all the displaced mine owners may not find suitable placement within the State of Uttar Pradesh. It is, therefore, necessary to associate of some other States in the programme. Unless a High Powered Committee is set up wherein Union of India is also ·' represented, the Committee to be constituted may not be effective and there may be lack of coordination. There is material that lime stone quarries are available in Rajasthan and Gujarat. It is, therefore, necessary that representatives of these State Governments are also on the Committee. We accordingly direct a Committee to be set up with representatives of the Union of India, the State Governments of Uttar Pradesh, Rajasthan and Gujarat. While effecting rehabilitation by giving alternate mining sites, ecology and environment will have to be considered. It is, therefore, necessary that on such Committee the Ministry of Environment should also be represented. Apart from them there should at least be two experts. We direct constitution of a Rehabilitation Committee with the following members:

F 1. Secretary, Department of Mines, Government of India- Chairman.

2. Secretary, Department of Environment and Forest, Govern- ment of India-Member.

G 3. Secretaries, Department of Mining of the States of Uttar Pradesh, Rajasthan and Gujarat-Members. Mr. Arri! Agarwal of Centre for Science and Environment, G-92, Kalkaji, New Delhi, and Mr. Subrata Sinha, Senior J?eputy Director General, Geological Survey of India, 27, Jawaharlal Nehru Road, Calcutta, are nominated as .the expert members of this Committee. The Committee shall have an .officer of H the grade of Under Secretary to the Government of India as its Secre-

RURAL LITIGATION v. STATE OF U.P. (MISRA, J.I 733

tary and the minimum skelton staff for carrying its activities. For A convenience, the office may ·be located for the time being in the Ministry of Steel and Mines at New Delhi. The Ministry -0f Environ' ! ment and Forest is directed to deposit a sum of Rs.3 Lacs "in the Registry of this Court within four weeks from today to be· transferred to the Committee for the purpose of the Committee subject to appropriate accounts to be rendered to the Ministry concerned. The B Committee is directed to make an initial report on the problem and the manner it proposes to tackle it within eight weeks from today. On the basis of such report, further directions shall be made. The laws in force shall have to be kept in view and the above-named members are directed to extend full cooperation with zeal and a sense of under- standing of the problems so that rehabilitation can be done as a part of the environmental programme. c The Court is of the view that a Monitoring Committee is neces- sary for reafforesfation of the areas as also for over-seeing the running of the three mines. The State· of Uttar Pradesh has already undertaken a reafforestation programme in the area. The record, however, does not indicate much of improvement yet. We have taken note of the position that the Uttar Pradesh Government has a Master Plan for the Doon Valley spread over a quarter of century beginning with 1986. Since the Court has stepped in to close down mining operation in this area except to a very limited extent, we are of the view that a High Powered Committee should be set up to look after reafforestation, mining activities and all other aspects necessary to bring about natural normalcy in the Doon Valley. Mr. K.P. Geetakrishnan, a Member of the Indian Administrative Service, now Secretary, Forest, Wild Life and Environment in the Central Government, in our opinion, should be made the Chairman of the Monitoring Committee. Mr. D. Bandy- opadhyay, a member of the Indian Administrative· Service, now F Secretary, Department of Revenue in the Central Government, who had he·aded a Committee set up by this Court is aware of the problems of this area. We are of the opinion that he should be made a Member of the Monitoring Committee. The Head of the Indian Defence Academy, the Head of the Indian Forest Institute, the Head of the establishment ·of ONGC (all located at Dehradun), the Secretary, G Forest Department of the Uttar Pradesh and the Chairmen of the Mussoorie and Dehradun municipalities, and two public· spirited citizens-one belonging to Mussoorie and another to Dehrad1rn area are to·be the members of this Committee. The two non-official mem- bers shall be co-opted by the Committee. The Committee shall have its office at Dehradun fa the accommodation to be provided either by the H

734 SUPREME COURT REPORTS [1988] Supp. 2 S.C.R.

A ONGC or the Forest Staff College. The Government of Uttar Pradesh is directed to deposit a sum of Rs.5 Lacs for creating the initial fund of the Monitoring Committee. The amount should be deposited in the Registry of this Court within four weeks from now. It shall be open to the Monitoring Committee to appoint a skelton staff with the suitable officers to run the establishment. We hope and expect that the con· B cerned Governments will permit their officers to undertake the respec· tive assignments in public interest and we expect the officers also to extend their whole-hearted support to work out the trust reposed in them. The Monitoring Committee shall have powers to over-see reaf· forestation in the area by the State of Uttar Pradesh and undertake an appropriate scheme of reafforestation. It shall ensure· that mining activity by the three on-going mines is carried out in accordance with c law and with appropriate safeguards from environment and ecology point of view. It shall also ensure that the scree is removed from the natural streams and the flow of water is maintained. After the Com· mittee makes its initial report within eight weeks from now to the Registry further directions as necessary shall be given. D It is not our intention to continue control over these matters. Once this Court is satisfied that the Committees are operating on the right lines we shall cqnsider whether it is any longer necessary for the Court to supervise their activity. E Before we part with the case, we must indicate our appreciation of services rendered hy the petitioners and their counsel to the cause, the cooperation and understanding extended by the mine owners, their counsel, the Members of the several Committees constituted by the Court but for which these proceedings could not have come to termi· fl nate in the present manner. The records of the case have become unusually bulky and but for the continued assistance of Mr. Parmod Dayal, a member of the bar of this Court, it would indeed have been difficult for us as also parties and their advocates to handle .the matter with ease. Mr. Parmod Dayal deserves our commendation for the labour he has put in. He was appearing for some of the lessees but he G assisted the Court very willingly as and when called upon. We· are of the view that he should be paid a total sum of Rs.5,000 (Rupees Five Thousand only) for the services rendered. We direct the Union of India to deposit the said amountwith the Registry of this Court within two weeks from now. This amount when deposited shall be paid to Mr. Parmod Dayal. H

RURAL LITIGATION v. STATE OF U.P. [MISRA, J.] 735

The writ petitions are disposed of. There would be no order for A costs. We direct that the reports of the two Committees, as and when received, shall be placed befo1c :~;~Court for directions.

J R.S.S. Petitions disposed of. B