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THE REPUBLIC OF INDIA

AIR 1985 SUPREME COURT 652
(P.N. BHAGWATI, AMERENDRA NATH SEN
AND RANGANATH MISRA JJ)


Writ. Petns. No. 8209 and 8821 of 1983 D. 12- 3-1985


RURAL LITIGATION AND ENTITLEMENT
KENDRA DEHRADUN & OTHERS................................PETITIONERS


VERSUS

STATE OF UTTAH PRADESH & OTHERS....................RESPONDENTS


Following a Public Interest petition addressed to the Supreme Court by the rural litigation and
entitlement Kendra of Dehra Dun in the State of Uttah Pradesh, the court directed that all fresh
quarrying in the Himalayan region of the Dehra Dun District be stopped. Subsequently, acting on
the basis of the reports of the Bandyopadhhyay Committee and a three man expert committee,
both of which were appointed by the court, the court ordered the closure of several mines in the
area. Thereafter, the lessees of the mines submitted a scheme for limestone quarrying to the
Bandyopadhyay Committee. The Committee rejected the scheme and the lessees challenged the
decision of the Committee in the Supreme Court.


HELD:



  1. This case brings into sharp focus the conflict between development and conservation
    and serves to emphasize the need for reconciling the two in the larger interests of the
    country. The environmental disturbance caused by limestone mining has to be weighed
    in the balance against the need of limestone quarrying for industrial purposes.

  2. Having given careful limestone quarrying for industrial purposes. Having given careful
    consideration, to these aspects of the case, the court rejected the petition, expressing its
    approval of the decision of the Bandyopadhyay committee.

  3. The court is conscious of the fact as a result of the closure of the mines workmen
    employed in the mines will be out of work and therefore we direct that immediate steps
    be taken for reclamation of the areas forming part of such quarries and that the affected
    workmen be as far as possible and in the shortest possible time, provided employment
    in the reforestation and soil conservation programmes to be undertaken in the area.


Petition dismissed

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