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Judgment
Ramesh Ranganathan, CJ
A letter addressed to the Chief Justice of this Court by certain villagers was treated as a Public Interest Litigation. In the said letter it is stated that the District Administration, Haridwar has granted mining lease in River Ravasan for commercialization of minor minerals through auction on account of the natural calamity which was contrary to the Disaster Mitigation, Management and Prevention Act, 2005; the High Court had issued an order on 13.06.2018 banning mining in the prohibited areas of the Rajaji National Park; the District Administration was, however, permitting mining in disobedience of the High Court's order; the mining work was being carried on in the prohibited areas of the Rajaji National Park; and there was discontent among all villagers on account of these mining operations.
In the counter-affidavit filed by the Director, Rajaji Tiger Reserve, Dehradun it is stated that, as per the provisions of the Wildlife (Protection) Act, 1972, the guidelines of NTCA and the directions of this Court in Writ Petition (PIL) No. 65 of 2014 and Writ Petition (PIL) No.76 of 2014, no permission for mining has been issued by his Office within or in the periphery of the Rajaji National Park without the permission of the State Wildlife Board and the National Wildlife Board; and the question of commercialization of minor minerals in River Ravasan, within the territorial limits of the Rajaji National Park, does not arise. The Director further stated that since Rajaji National Park is a Tiger reserve, no mining activity is permitted within its territorial limits.
In his affidavit, the District Magistrate, Haridwar has stated that applications for mining, under the Uttarakhand River Training Policy, 2016, were entertained; a Committee was constituted for joint inspection, as per Clause 6 of the 2016 Policy as well as the Government Order No. 944 dated 13.04.2018; Clause 2(3) of the said Government Order provides for the sanction of a River Training License, and the period of license for the disposal of River Bed Material; it further provides that, after the recommendation of the Committee, the District Magistrate is empowered to sanction the mining lease as per procedure, for a short period, as per the provisions of the Disaster Mitigation, Management and Prevention Act, 2005; and the license for disposal/lifting of RBM is for a period of a maximum of 2 months or till the disposal of the quantity of RBM, whichever is earlier, for which a license was granted.
It is further stated in the said affidavit that, by Office Letter dated 09.06.2018, license was granted for disposal of 8000 cubic meters of minor minerals from Khasra No. 1890 measuring 8000 sq.m of Village Rasulpur, Meethiberi Tehsil in District Haridwar; an auction was held on 12.06.2018 in which the highest bid of Rs. 1,40,00,000/- (Rupees One Crore Forty Lakhs) was received for grant of mining lease; such a lease was granted with the object of prevention of flood, and safety of life and property during monsoon; as the licensee had breached Condition No. 7, of not extracting RBM beyond a depth of one meter, the licensee was stopped from further mining on 23.06.2018, and directions were issued for demarcation of the leased area; in terms of the order passed by the Division Bench of this Court on 08.08.2018, one week more time was granted to the licensee for extraction of mineral, which time was modified in a time extension application; and the period of the said short-term license has also expired.
It is evident from the counter-affidavit, filed by the Director, Rajaji National Park, that no mining is permitted in the territorial limits of the Rajaji National Park. The license, granted by the District Magistrate, Haridwar, is in terms of the Disaster Mitigation, Management and Prevention Act, 2005 and the Uttarakhand River Training Policy, 2016; and the period of the said short-term license has also expired.
The claim in the letter, which was treated as a Public Interest Litigation, does seem to be misconceived. Taking note of the contents of the counter affidavits filed both by the Director, Rajaji National Park and the District Magistrate, Haridwar, the Writ Petition is closed. No costs.