IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION(C)NO.23716 OF 2004

DIVYA DARSHANA ... PETITIONER(S)

VERSUS

GOMA RAM & ORS. ... RESPONDENT(S)

O R D E R

Heard learned counsel for the petitioner and also learned  

counsel for the 1st Respondent.  Learned counsel for the State is not  

present when the matter is heard.

The petitioner had applied for a mining lease in respect  

of certain property comprised in Khasra No.316 and the petitioner  

was  granted  the  mining  lease  nos.53/01  and  54/01   near  village  

Khatukara  in  District  Pali,  Rajasthan.  Prior  to  grant  of  mining  

lease it is alleged that the petitioner had obtained permission from  

the local panchayat and also from the Mining Department and this  

matter  was  brought  to  the  notice  of  the  concerned  District  

Collector.   It  appears  that  the  Collector  did  not  raise  any  

objection to the  lease. One of the persons who had allegedly been  

doing illegal mining operations, filed a petition before the High  

Court alleging that the petitioner herein has been doing illegal  

mining activity in a hillock and thereby causing extensive damage to  

the  water  flow  in  that  area  and  also  the  environment  of  the  

hillocks.  The High Court, by the impugned judgment, ordered that  

the   Director   of   Mines  shall cancel the license granted to the

petitioner.  Except  the  allegations  made  in  the  petition,  no  

detailed reasons are given in the impugned judgment.

When the matter came up before this Court, by order  

dated 14th August, 2006, this Court had directed that the site be  

inspected  by  the  C.E.C.  The  C.E.C.  has  filed  a  report  on  

2.2.2007.  Several reasons have been given by the C.E.C. and it  

opined  that  the  mining  activity  in  this  area  is  likely  to  

adversely  affect  the  flow  of  seasonal  streams  which  help  in  

filling the large village pond (reservoir) and it may also cause  

flow  of  debris  from  the  mines  into  the  pond.  The  petitioner  

herein filed objection to the report filed by the C.E.C. and the  

petitioner has also alleged that the flow of water to the streams  

will not be affected by the mining activity. As the High Court  

had  not  got  any  opportunity  to  consider  these  facts  into  

consideration, we feel it just and proper that the petitioner be  

given an opportunity to place his contentions before the High  

Court  properly.  The  High  Court  is  requested  to  consider  the  

impact on the mining lease granted to the petitioner and whether  

it  would  adversely  affect  the  environment  in  that  area  and  

appropriate orders may be passed in this regard after affording  

opportunity to the parties concerned by the High Court at the  

earliest,  at    least    within  a  period  of   six  months.  

Accordingly, we set aside the order passed by the High Court and  

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direct the High Court to consider the matter afresh.  Till such  

time, the petitioner shall not carry out any mining activity in  

the area in question.

The Special Leave Petition is disposed of accordingly.  

No costs.

..................CJI (K.G. BALAKRISHNAN)

...................J. (P. SATHASIVAM)

...................J. (Dr. B.S. CHAUHAN)

NEW DELHI; 29TH SEPTEMBER, 2009

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