Rural Litigation And Entitlement Kendra v. State Of Uttar Pradesh And Others

Rural Litigation And Entitlement Kendra v. State Of Uttar Pradesh And Others

(Supreme Court Of India)

Civil Miscellaneous Petition No. 27230 Of 1988 | 29-09-1989

1. This miscellaneous application is by a mining lessee in the Doon Valley area whose right to mining came to an end in view of the judgment of this Court on August 30, 1988 (Rural Litigation and Entitlement Kendra v. State of U. P., 1989 Supp 1 SCC 504) [LQ/SC/1988/606] with effect from September 30, 1988. He had applied for review of the judgment but the same was rejected on December 1, 1988, whereafter the present petition has been filed with a prayer that on grounds of justice, equity and compassion he may be permitted to continue mining operations for a period of three months more. Mining in this area excepting in the few cases specifically permitted has been stopped by the judgment of this Court dated August 30, 1988. The petitioner has actually been given a months time to close down his mining activity. Allowing further mining in the area would not be in the environmental and ecological interest

2. This application is accordingly dismissed.

Advocate List
Bench
  • HON'BLE JUSTICE M. N. VENKATACHALIAH
  • HON'BLE JUSTICE RANGANATH MISRA
Eq Citations
  • JT 1988 (4) SC 710
  • (1989) SUPPL. 2 SCC 384
  • 1988 (2) SCALE 493
  • LQ/SC/1989/486
Head Note

Environment Protection and Pollution — Mining — Mining lease — Petition by mining lessee in Doon Valley area whose right to mining came to an end in view of judgment of Supreme Court in RLK v State of U P, 1989 Supp 1 SCC 504 LQSC1988606 with effect from September 30, 1988 — Petitioner had applied for review of judgment but same was rejected on December 1, 1988 whereafter present petition filed with prayer that on grounds of justice, equity and compassion he may be permitted to continue mining operations for a period of three months more — Mining in this area excepting in few cases specifically permitted has been stopped by judgment of Supreme Court dt. August 30, 1988 — Petitioner has actually been given a month's time to close down his mining activity — Allowing further mining in area would not be in environmental and ecological interest