| About Us | Chairperson's Profile | Quote | Publications | Awards | Human Rights Centre | Van Gujjar School | |Links | |
The lime stone quarries case fought by the Rural Litigation and Entitlement Kendra in Supreme Court is the first ever environment case in the country before the Supreme Court. Few public interest lawsuits generated as much concern and curiosity as our petition No.8209 of 1983 in the Supreme Court. During the 5 year period from July 14, 1983, when the court directed registration as a writ petition under Article 32 of the Constitution (Right to Life) the petition from Rural Litigation Entitlement Kendra, to August 30, 1988, when the final judgment was pronounced for closing of the 101 mines in the area the controversial issue of economic development and ecological and environmental preservation was subject to the most incisive examination. This was the first event of its kind in India, if not in the world, where a fierce legal battle was fought between the affected citizens on the one side and the rich lime stone contractors, powerful industrialists and the government on the other bringing "into sharp focus the conflict between development and conservation".
Dehra Dun and the hill station of Mussoorie were once abundant in lush green forests and gushing springs. Ample water supply gave way to a dense coverage on the Shivalik and Himalaya hills and natural limestone aquifers, helped conserve the soil. The various streams also provided perennial water supply to the Yamuna River.
Ruskin Bond, a renowned author, recently wrote a book called 'Our Trees Still Grow in Dehra.' In the course of the novel, he reminisces about the beauty enshrined in the Doon Valley during his adolescence.
In the year 1954, the Rajpur region of the valley experienced its last snowfall. What seems like a wonder now was not considered an unnatural phenomenon back then. A locale of such potential and richness does not go unnoticed. The British during the colonial period utilized the area as a retreat to escape the scorching Indian summer. Post Independence and with further advancement, the narrow, rough routes were transformed into metalled roads.
Accessibility led to an influx of residents, which contributed to the subsequent economic growth of the region. The tranquillity and natural wealth of the area began to be disturbed. Continuous lime stone mining and felling of trees for expansion purposes led to disruption in the ecological cycle. The decreasing forest cover accompanied by repeated occurrences of water shortage, rising temperatures and failing crops.
Now the Valley has undergone a metamorphosis from being a sleepy little town to a jungle of elaborate construction with a skewed plan of development.
1955-1965 was a dreadful decade for the region, as indulgence in limestone quarrying emerged as a lucrative business. 1962 saw the largest grant of personal leases to many. Blasts in the hills became a regular feature and the remnant rock and scree created severe damage to cultivable fields and killed or injured the cattle. The natural aquifers were nearing extinction.
By the 1980's, the situation could no longer be tolerated. A growing discontentment was gaining ground amongst the masses. RLEK decided to take legal action and filed a case against limestone contractors and influential industrialists in the Supreme Court of India in 1983. The contenders held a lot of power and were people of high connections but the Organisation was not deterred from its mission. The Government for the first time in Indian history faced the puzzle of 'development versus conservation'.
The case managed to arouse a considerable amount of curiosity and concern though the non-existence of any environmental case in the history of Indian law relating to the issue of ecological imbalance and environment was unheard of in the Court of Law.
The Public Interest Litigation was not only significant specifically for the residents of the affected region but was also viewed in a wider implication to Indian citizens. Public welfare was at stake and the Government fully realized the sensitivity of the situation.
The struggle continued for a span of 5 years, starting from the official filing of the case from July 14, 1983 but eventually the Supreme Court ordered the closure of 101 limestone mines in and around Mussoorie. Ecological consideration served as the basis of the decision and the case has proved to be a landmark in India's judicial sector.
It is very interesting to note that the arguments used by RLEK before the Supreme Court while fighting this case were almost on the same lines as much later used in the Rio World Conference in 1992.
Maintained by
RLEK's Webmaster