T.N. Godavarman Thirumulpad vs Union Of India & Ors.

The Aravalli Hill Range has been subjected to widespread mining activities in recent times. About 1500 ha. of land was given for mining operations in Gurgaon and Mewat areas. Most of the mines were for excavating major minerals but 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 Central Empowered Committee has filed a report showing the extent of damage caused by the mining operations in 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 would cause scarcity of building materials and the construction of roads and buildings and other developmental activities would be seriously affected. The Supreme Court has given "in-principle" permission to the State government to identify 600 hectares of land in the area where it could carry out mining of minor minerals, commonly referred to as construction material. It has ordered the State to first come up with a "Reclamation and Rehabilitation Plan" for the area already devastated by the unabated mining operations carried out in the past. The apex court said mining of minor minerals Badarpur sand and stones, commonly used as construction material in NCR region, could be allowed in the specified area of Faridabad district and Palwal if the mandatory guidelines laid down by it in previous judgements and mentioned in the report of the Central Empowered Committee are followed. Such activities could be permitted only after proper guidelines are put in place by Haryana government for restoration and reclamation of the mined area. Fresh mining for minor minerals could be considered only after complete rehabilitation of the exploited hills are done within six months, which should be approved by the apex court-appointed Central Empowered Committee. Allotment of such mines will be done by auction within three months.