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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

MINOR MINERALS AND CONSTRUCTION MATTERS IN HARYANA MINING: I.A Nos.839, 840, 850, 853-854, 855-856, 866-868, 869-870, 871-872,  873-874, 875-876, 877-878, 879-880, 881-882, 891-892, 900, 905,  1276-1277, 1590, 1612-1613, 1700-1703, 2007-2008, 1488, 2138-2139 in  891-892, 2205, 2445, 2567, 2574 in 875-876, 2536,2636 in 879- 880,265802659 in 828, 2719 IN 1488 IN 891-92 in 828 and in WRIT  PETITION (CIVIL) NO(s). 202 OF 1995

T.N. GODAVARMAN THIRUMULPAD                       Petitioner(s)

                VERSUS

UNION OF INDIA & ORS                              Respondent(s)

AND I.A.No.2198 @ Conmt.Pet.No.125/2006 vide Court's order  dt.25.10.2007

WITH I.A.No.2269 in W.P.(C)No.4677/1985  

AND  I.A.No.2393 IN I.A.NO.2269 in I.A.NO.1785 in  W.P.(C)No.4677/1985  

AND I.A.No.2270 IN I.A.NO.1785 in  W.P.(C)No.4677/1985

AND C.P.(C)No.186/2003 in W.P.(C)NO.4677/1985

AND  I.A.No.1866  IN  W.P.(C)No.4677/1985

WITH  I.A.Nos.1858-1859  IN  W.P.(C)No.4677/1985

WITH  I.A.No.1886  IN  W.P.(C)No.4677/1985

WITH I.A.No.1888  IN  W.P.(C)No.4677/1985

WITH  I.A.Nos.1891 to 1893  IN  W.P.(C)No.4677/1985

WITH I.A.No.1895  IN  W.P.(C)No.4677/1985

WITH  I.A.No.1896  IN  W.P.(C)No.4677/1985

WITH I.A.NO.1906 in W.P.(C)NO.4677/1985

WITH I.A.Nos.1907-1908  IN  W.P.(C)No.4677/1985

WITH  I.A.Nos.1911-1912  IN  W.P.(C)No.4677/1985

WITH I.A.NO.1937 IN  W.P.(C)No.4677/1985

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WITH I.A.NO.1938 in W.P.(C)No.4677/1985

WITH I.A.Nos.2306-2307 IN  W.P.(C)No.4677/1985

WITH I.A.Nos.2308-2309 IN  W.P.(C)No.4677/1985

WITH I.A.Nos.2310 in I.A.2269 in 1785 IN  W.P.(C)No.4677/1985

WITH I.A.No.1968 IN  W.P.(C)No.4677/1985

WITH I.A.Nos.2334-2335 IN  W.P.(C)No.4677/1985

WITH I.A.No.2336 IN  W.P.(C)No.4677/1985

WITH I.A.No.D.58737 IN  W.P.(C)No.4677/1985

AND  I.A.Nos.2374-2376 in IA 1785 IN W.P.(C)No.4677/1985

WITH I.A.Nos.2377-2380 in IA 1785 IN  W.P.(C)No.4677/1985

WITH I.A.Nos.2381, 2382, 2383, 2384 in IA 1785  IN  W.P.(C)No.4677/1985

WITH I.A.Nos.2386-2387 in IA 1785  IN  W.P.(C)No.4677/1985

WITH I.A.No.2390 in IA 1785 IN  W.P.(C)No.4677/1985

WITH I.A.No.2392 IN IA 1785 IN  W.P.(C)No.4677/1985

WITH I.A.No.2415 in I.A. 1785 IN  W.P.(C)No.4677/1985

WITH I.A.NO.2103 in W.P.(C)NO.4677/1985

WITH W.P.(C)No.624/2002 W.P.(C)No.661/2002 W.P.(C)No.428/2002

WITH CONMT.PET.(C)No.568/2002 in W.P.(C)NO.428/2002

WITH CONMT.PET.(C)NO.542/2004 IN W.P.(C)NO.428/2002

O R D E R

Heard both sides.

The Aravalli Hill Range has been subjected to widespread  

mining activities in recent times. About 1500 ha. of land  was given

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for mining operations in Gurgaon and Mewat areas. Most of the mines  

were for excavating major minerals but we are told that what the  

mine  operators  extracted  from  the  leased  area  were  mostly  minor  

minerals.  Vast areas were thus reduced to ditches, some of them  

going down to a depth below the water level. The C.E.C. has filed a  

report showing the extent of damage caused by the mining operations  

in this  area.  With the help of the National Remote Sensing Centre,  

Hyderabad, Department of Space, Govt. of India, maps of these areas  

are prepared by using satellite imagery system. Photocopies of the  

maps of these areas are  produced before us from which it appears  

that  as a  result of  the mining  operations, the  entire area  has  

become  highly  devastated.  The  C.E.C.  has  also  filed  its  report  

indicating the extent of damage caused to this area.   

There were discussions between the C.E.C. and the State of  

Haryana as to what steps need be taken in regard to the mining  

activities in these areas.

All  mining operations  in these  hills were  suspended by  

this Court vide order dated 8th May, 2009. Now it is stated on behalf  

of the State of Haryana that a complete ban on mining minerals there  

would cause scarcity of building materials and the construction of  

roads  and  buildings  and  other  developmental  activities  would  be  

seriously affected. It was suggested that about 600 ha. of land be  

set  apart  for  extraction  of  minor  minerals  in  the  district  of  

Faridabad, including Palwal.  The State Government is also facing a  

problem caused by mining operations carried on in the past over an  

area  1500 ha. of land in Gurgaon and Mewat.  These mine operators

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did not carry out any reclamation or rehabilitation work though they  

were legally bound to do so under Rule 27 of the Mineral Concession  

Rules, 1960 read with Form-K of the Mineral Concession Rules.  Most  

of these places have been simply abandoned. These areas have to be  

reclaimed and extensive afforestation work needs to be carried out  

in these areas.   

Some  of  the  mining  operators,  having  existing  licenses  

that  have  not  so  far  expired,  raised  a  contention  that  due  to  

suspension of all mining operations by this Court they were not able  

to conduct any mining even though they had not violated any rules or  

guidelines  and  hence,  they  should  be  allowed  to  do  the  mining  

operations in terms of the lease granted to them, more so  as the  

State of Haryana is proposing a Scheme for setting aside about 600  

ha. of land in Faridabad for excavation of minor minerals. We do not  

think  it is feasible or in the larger interest  to allow those  

mining operators to carry out any mining activities on the basis of  

the earlier licenses.    Of course, they would be at liberty to  

participate in the auction in respect of the 600 ha. of land in  

Faridabad which would be  made available for mining activities.     

The C.E.C. and the State of Haryana held a meeting on  

7.1.2009 and a report dated 15.1.2009 has been filed before this  

Court.  On the basis of the report, any mining activity in the 600  

ha. of land to be identified and earmarked in Faridabad shall be  

based on the following decisions taken in this meeting :

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i) The  State  shall  issue  a  Notification  laying  down  the  

guidelines and the procedure for giving licence/lease.  The State  

shall  also  establish  an  Aravali  Rehabilitation  Fund  and   a  

Monitoring  Committee.   In  issuing  the  Notification  for  allowing  

mining  operations  in  an  area  upto  600  ha.  in  the  District  of  

Faridabad, including Palwal, the State must strictly adhere to all  

the conditions enumerated in the Minutes of the Meeting held on  

7.1.2009 between the C.E.C., State of Haryana and the Forest Survey  

of  India  regarding  mining,  colonisation  and  related  issues  in  

Aravali hills.  It is hoped and expected that the Notification will  

be issued by the State Government within a period of three months.

ii) The  State  of  Haryana  will  take  immediate  steps  for  

preparation  and  implementation  of  Reclamation  and  Rehabilitation  

Plan for the area degraded  as a result of the mining activities in  

that part. The  rehabilitation of those areas shall be done by the  

respective leaseholders.  The State would also be at liberty to hold  

the  respective  leaseholders   who  had  not  carried  out  the  

rehabilitation work as per Rule 27 of the Mineral Concession Rules  

read with Form-K of the said rules as liable for the rehabilitation  

of  those  areas.   The  State  shall  take  all  reparatory  and  

compensatory steps in this regard.

iii) The actual mining operation in the 600 ha. of land in  

Faridabad shall commence on submission of the rehabilitation and  

reclamation plan by the State and its approval by this Court. It  

shall be done at the earliest and preferably within a period of six  

months.

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iv) The C.E.C. shall submit quarterly reports to this Court in  

regard to the commencement of the mining activities and its effect  

on the surrounding areas as also in regard to the progress of the  

reclamation work in the areas of Aravali range degraded by the past  

mining operations.  

Before  any  mining  operations  commence,  the  leaseholders  

shall  obtain  all  statutory  clearances  including  environmental  

clearance in terms of MoEF Notification dated 14.9.2006 and also the  

approval under the Forest Conservation Act.  

The  Principal  Secretary,  Department  of  Mines,  State  of  

Haryana will be responsible to ensure  strict compliance of this  

order.  The Chief Secretary of the State shall have supervisory  

control over the matter.  

As  regards the  permission for  mining activities  in the  

1500 ha. of land in Gurgaon and Mewat, the same will be taken up  

separately considering the progress made in the rehabilitation work  

to be carried out by the State  in the 600 ha. of land.

In case of violation of any of these directions or failure  

of the rehabilitation and reclamation process to make satisfactory  

progress, this Court would consider closure of the mining activities  

which are hereby permitted by this Court.  

In case of any such failure, the C.E.C. may file a report  

as and when required. The State would revoke all licenses in respect  

for major minerals both in Faridabad and Gurgaon districts.

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All I.A.s, writ petitions and contempt petitions relating  

to minor minerals are disposed of.  Consequently, all applications  

for intervention and impleadment are also disposed of.

List the Construction matters on 11.12.2009.

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

...................J. (S.H. KAPADIA)

...................J. (AFTAB ALAM)

NEW DELHI; 8TH OCTOBER, 2009