JUDGMENT
B. Prasad, J.
1. As per the orders passed yesterday, Mr. Rakesh Verma, Secretary, Department of Mines, is present in Court. He showed his inability to give comprehensive report within the time available at his disposal. He apprised the Court that there are 23000 mine owners in the State and most of the miners have been issued notice for submitting eco-friendly mining plan. Those who have not been issued the notices, will be issued shortly. Since he is in the process of getting feedback from the miners, the action plan put forward by the State Government is yet to be fully made operational. He needs a two weeks’ period to come to the grip of the matter. In view of the vast dimensions of the question involved, we think it appropriate that the time prayed for be allowed. The report be submitted by 5.1.2004. It is expected that as required by the Mining Department, the miners will submit their eco-friendly plans accordingly.
2. The Pollution Control Board submits that 83 files are complete as regards Green Marbles, 3 as regards Serpentine Chips and 5 as regards Soapstone. The consent as required by the Act has been issued to them. We think that such miners to whom such consent letters have been issued by the Board may be permitted to operate for a period of three months hence, and in these three months, after watching their performance, necessary extension will be considered to be granted. In the meanwhile, those who will be granted consent letters hence forth by the Pollution Control Board, they will approach the Secretary, Department of Mines with consent letters. After examining the requisites, Secretary, Department of Mines, will issue necessary orders in accordance with law for operating the mines.
3. Rest of the miners of the State who have not so far applied for consent, will apply to Board within six weeks hence. The responsibility is on the mining department to apprise each of the miners to submit their applications to the Board for seeking consent and submit the eco-friendly mining plan to the department. Any mine operating without the consent letter of the Pollution Control Board is to be dealt with in accordance with law by the mining department. Any lease cannot be made to be operative without complying with statutory requirements. If in a given time of six weeks, the lease holders do not apply and obtain consent letters from the Pollution Control Board, their lease may be determined by the mining department in accordance with law.
4. We are apprised that certain applications are pending with the Board wherein requisites have been filed. The Board will expeditiously examine the matters in which the requisites are going to be filed in near future or have already been filed. In future, as and when the requisites are filed for obtaining consent, the Board will process it with utmost expediency. No delay should occasion for whatsoever reason. If the Board is handicapped and fails to clear the file in short span of period, it should obtain permission of this Court for withholding the consent otherwise the consent should come forthwith.
5. We are also informed that certain applications are still pending with the Mining Department for its examination. Secretary, Department of Mines, assures the Court that no file pending with the Mining Department will be kept pending for more than the required official time. Such official business will be completed as far as possible within four weeks hence. He has assured the Court that if at all any lapse has occurred in the past, that will not at all be a story for future.
6. The land for dumping the overburden had now been clarified to be allotted to the tune of 88 hectares. Only a small fragment is now required to be allotted. That will soon be allotted and before this Court assembles to take up this matter again, such allotment will come into being.
7. Learned counsel Mr. Joshi, Amicus Curiae, informs the Court that affidavits filed and the reports made by the Mining Engineer in regard to overburden are sketchy. They don’t inform the exact operation taken with regard to the mining waste and overburden. We would have taken a stringent attitude towards the nature of the affidavit filed. Mining Engineer should have been careful before making the report on the sketchy affidavits. Even the report is also telegraphic. That being the position, this effort on the part of the engineers is not appreciated and now they should report afresh on each segment separately. This should be done by the next date of hearing. They should give a statistical report in this regard.
8. The environmental conditions which have been endangered by mining is contemplated to be attended by the Association of Miners. In this regard, some thought was given yesterday. The idea will be required to be given workable shape for which Mr. Dinesh Maheshwari seeks time and he assures the Court that by next dale of hearing, he will be in a position to submit a more detailed and comprehensive plan in this regard.
9. While parting with, we are making an observation that permission to operate mines is for three months and this period will be the period of observation, State Government will be on a look out to see that eco-friendly mining as desired by the Rules and in accordance with eco-friendly plan is being made. Further extension will depend on the reported ground realities.
10. Put up on 19.1.2004, as prayed.