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3. That it further came to light that the lease holders had approached the Directorate General of Mines Safety (DGMS), Ghaziabad seeking permission to use heavy machinery contrary to the conditions imposed in the mining lease and the conditions imposed on environment clearance certificate issued by the SEIAA, the DGMS invoking provisions of Section 106(2)(b) of the Metalliferous Mines Regulations, 1961 (MMR 1961) proceeded to issue permission to deploy heavy and very heavy machineries leading to situations which has proved disastrous for the ecology and topography of the region.

5. In the interregnum, this Court had notified the DGMS to demonstrate his authority in law to override the conditions imposed under the mining lease and the SEIAA. In reply to which, the DGMS filed an affidavit that neither the deed imposing the prohibition nor the environment clearance certificate imposing a prohibition on use of heavy machinery was placed before him and that the applications were considered in isolation.

6. In fact, the Directorate General of Mines Safety, Government of India on 21.02.2025 furnished parawise remarks and in paragraph no.11 of the report submitted to the Deputy Registrar (Judicial) of the High Court in terms of page no.27 of the said report, has stated as under:

Para    Point Raised in the                      Reply
No.            Order

11.    Learned Amicus Curiae     It is to humbly submit that the Director
       has place a compilation   General,    Mines   Safety,    (DGMS),
       of papers, which would    Ghaziabad Region, not issued any order
       include proceedings of    which is contrary to the condition
       the Director General,     imposed by the State Environment
       Mines Safety, Ghaziabad   Impact       Assessment       Authority,


 Region,              dated   constituted by the Central Government
10.12.2020, whereby the      in exercise of powers under Section
Director General, Mines      3(3) of the Environment Protection Act.
Safety by invoking the
                             DGMS has worked in accordance with
provisions of Regulation

20. A copy of this order be communicated to the Director General, Mines Safety by way of e-mail (gzbregion.dgms@gmail.com).

21. List on 24.02.2025 at 03:15 PM."

10. The said order has not been called in question. In paragraph no.19, it is categorically stated that no permission contrary to the conditions imposed under the Environment Protection Act has been issued by the Directorate. The concluding paragraph of the report submitted by the DGMS is as under: