RURAL LITIGATION AND ENTITLEMENT KENDRA & ORS. ETC. versus STATE OF UTTAR PRADESH & ORS. ETC.

RURAL LITIGATION AND ENTITLEMENT KENDRA & ORS. ETC. versus STATE OF UTTAR PRADESH & ORS. ETC.

Preservation of environment and ecological balance requires closing down mining operations in areas where adverse ecological impact is established; Government and citizens share duty under Article 51A(g). Schemes submitted by mine lessees for reopening are not accepted without further consideration.

Source-derived case information.

Parties
Petitioner: Rural Litigation and Entitlement Kendra; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
18 December 1986
Procedural Posture
Writ Petition / Judgment
Outcome
Mining operations in areas deemed hazardous ordered closed; time granted for erstwhile lessees to file objections.
Legal Topics
Ecological Balance, Preservation of Environment, Mining Leases, Article 51 A(g), Public Interest Litigation
Environmental Law Constitutional Law Mining Law Ecological Balance Preservation of Environment Mining Leases Article 51 A(g) Public Interest Litigation

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Parties

Rural Litigation and Entitlement Kendra

Petitioner

State of Uttar Pradesh

Respondent

Procedural Posture

Writ Petition / Judgment

Legal Issues

  1. 1 Whether quarrying operations in Mussoorie Hills and Dehradun area adversely affect ecology and environment
  2. 2 Whether mining leases should be allowed to continue given environmental hazards
  3. 3 Whether preservation of environment is a fundamental duty

Ratio Decidendi

Preservation of environment and ecological balance requires closing down mining operations in areas where adverse ecological impact is established; Government and citizens share duty under Article 51A(g). Schemes submitted by mine lessees for reopening are not accepted without further consideration.

Court Disposition

Mining operations in areas deemed hazardous ordered closed; time granted for erstwhile lessees to file objections.

Orders

  • Erstwhile lessees given six weeks to file objections to Bandopadhyay Committee report; petitioners and State may reply within four weeks thereafter.
  • Writ Petition scheduled for hearing in February 1987.