Daya Shankar Tripathi & Another v. State Of U.P. & Others. Pays/Territoire Inde Type de cour Nationale - cour supérieure Date Oct 19, 2006 Source UNEP, InforMEA Nom du tribunal Allahabad High Court Siège de la cour Allahabad Juge Misra, R.P.Shishir Kumar Langue Anglais Sujet Ressources minérales Mot clé Exploitation minière Résumé These writ petitions have been filed for quashing the notices issued to the petitioners not to use the machines in the mining operations on the basis of the Government Orders issued by the State Government from time to time i.e. 30.11.2002 and 5.2.2003. The issuance of Government Order dated 30.11.2002 is claimed to be against the statutory Rule 40 of the Rules. In Rule 40 (C) is specifically mentioned the use of machine for carrying on mining operations, as neither under the terms and conditions of the lease deed nor under any statutory rule there is any restriction or prohibition against the use of machines for the purposes of excavation of sand. The respondents have submitted that, as the Government Orders of 2002 and 2003 have already been withdrawn, therefore, all the writ petitions filed on behalf of the petitioners have become infructuous. It has further been submitted that the State Government on 16.10.2004 issued a Government Order regarding mining policy in which the Condition No. XIII provides the restriction of using heavy machine for excavation. The Rule 41 g provides as under:-"(g) the lessee is bound to keep vigilance for not polluting the environment of the lease-hold area and nearby area in connection with mining operations and also maintain ecological balance of the area. If at any time it is found that the mining operation are leading to environmental pollution of imbalance of ecology, then after giving an opportunity of being heard, the lease may be prematurely terminated". In the view of the Court it is clear that the State Government has full authority to issue the Government Orders from time to time only in the interest of mineral and to regulate the mining lease. In view of the aforesaid fact, as the earlier Government Orders have already been withdrawn and there is no challenge of Government Order dated 16.10.2004 in which using of machine has been permitted but there will be an observance of the district administration, and if the using of machines damages the river as well as it affects the atmosphere then the authority can restrict the same. The petitions are dismissed accordingly. It is also made clear that in view of Rule 41 (g) the State Government is fully authorized that if at any time it is found that mining operation are leading to environmental pollution of imbalance of ecology then after affording an opportunity to the relevant party, the lease can be terminated or use of machine can be stopped. Texte intégral COU-155944.pdf Site web indiankanoon.org