The above report clearly spells out that the harm caused to the human lives, properties and ecology is alarmingly higher than the benefit derived out of mining, necessitating imminent remedial measures. At this juncture it is relevant to refer to the following judgments of the Apex Court, while dealing with the duty to preserve the environment, which run thus:-
(i) M.C.Mehta v. Kamal Nath and others (1997 1 SCC 388): ?15.The notion that the public has a right to expect certain lands and natural areas to retain their natural characteristic is finding its way into the law of the land. The need to protect the environment and ecology has been summed up by David B. Hunter (University of Michigan) in an article titled an ecological perspective on property: A call for judicial protection of the public's interest in environmentally critical resources published in Harvard Environmental law Review Vol. 12 1988 Page 311 in the following words: "Another major ecological tenet is that the world is finite. The earth can support only so many people and only so much human activity before limits are reached. The lesson was driven home by the oil crisis of the 1970's as well as by the pesticide scare of the 1960's. The current deterioration of the ozone layer is another vivid example of the complex, unpredictable and potentially catastrophic effects posed by our disregard of the environmental limits to economic growth. The absolute finiteness of the environment, when coupled with human dependency on the environment, leads to the unquestionable result that human activities will at some point be constrained. "[H]uman activity finds in the natural world its external limits. In short, the environment imposes constraints on our freedom; these constraints are not the product of value choices but of the scientific imperative of the environment's limitations. Reliance on improving technology can delay temporarily, but not forever, the inevitable constraints. "There is a limit to the capacity of the environment to service...growth, both in providing raw materials and in assimilating by-product wastes due to consumption. The largesse of technology can only postpone or disguise the inevitable."
Professor Barbara Ward has written of this ecological imperative in particularly vivid language:
We can forget moral imperatives. But today the morals of respect and care and modesty come to us in a form we cannot evade. We cannot cheat on DNA. We cannot get round photosynthesis.  All these tiny mechanisms provide the preconditions of our planetary life. To say we do not care is to say in the most literal sense that "we choose death."
There is a commonly-recognized link between laws and social values, but to ecologists a balance between laws and values is not alone sufficient to ensure a stable relationship between humans and their environment. Laws and values must also contend with the constraints imposed by the outside environment. Unfortunately, current legal doctrine rarely accounts for such constraints, and thus environmental stability is threatened. Historically, we have changed the environment to fit our conceptions of property. We have fenced, plowed and paved. The environment has proven malleable and to a large extent still is. But there is a limit to this malleability, and certain types of ecologically important resources - for example, wetlands and riparian forests - can no longer be destroyed without enormous long-term effects on environmental and therefore social stability. To ecologists, the need for preserving sensitive resources does not reflect value choices but rather is the necessary result of objective observations of the laws of nature.
In sum, ecologists view the environmental sciences as providing us with certain laws of nature. These laws, just like our own laws, restrict our freedom of conduct and choice. Unlike our laws, the laws of nature cannot be changed by legislative flat; they are imposed on us by the natural world. An understanding of the laws of nature must therefore inform all of our social institutions."
16.The ancient Roman Empire developed a legal theory known as the "Doctrine or the Public Trust. It was founded on the ideas that certain common properties such as rivers, sea- shore, forests and the air were held by Government in trusteeship for the free and unimpeded use of the general pubic. Our contemporary conceded about `the environment' bear a very close conceptual relationship to this legal doctrine. Under the Roman Law these resources were either owned by no one (res Nullious) or by every one in common (Res Communious). Under the English common law, however, the Sovereign could own these resources but the ownership was limited in nature, the Crown could not grant these properties to private owners if the effect was to interfere with the public interests in navigation or fishing. Resources that were suitable for these uses were deemed to be held in trust by the Crown for the benefit of the public Joseph L. Sax, Professor of Law, University of Michigan proponent of the Modern Public Trust Doctrine - in an erudite article "Public Trust Doctrine in natural resource law: effective judicial intervention". Michigan Law Review Vol. 68 Part-1 page 4/3 has given the historical background of the Public Trust Doctrine as under: "The source of modern public trust law is found in a concept that received much attention in Roman and English law - the nature of property rights in rivers, the sea, and the seashore. That history has been given considerable attention in the legal literature, need not be repeated in detail here. But two points should be emphasized, First, certain interests, such as navigation and fishing, were sought to be preserved for the benefit of the public; accordingly, property used for the those purposes was distinguished from general public property which the sovereign could routinely grant to private owners. Second, while it was understood that in certain common properties - such as the seashore, highways, and running water - "perpetual use was dedicated to the public," It has never been clear whether the public had an enforceable right to prevent infringement of those interests. Although the state apparently did protect public uses, no evidence is available that public rights could be legally asserted against a recalcitrant government.
17.The Public Trust Doctrine primarily rests on the principle that certain resources like air sea, waters and the forests have such a great importance to the people as a whole that it would be wholly*** onjustilled to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.
According to Professor Sax the Public Trust Doctrine imposes the following restrictions on governmental authority.
"Three types of restrictions on governmental authority are often though to be imposed by the public trust: first, the property subject to the trust must not only be used for a public purpose, but it must be held available for use by the general public; second, the property may not be sold, even for a fair cash equivalent; and third property must be maintained in particular types of uses".
18.The American law on the subject is primarily based on the decision of the United States Supreme Court in Illinois Central R.R. Company vs. Illinois 146 US 687 (1982). In the year 1869 the Illinois legislature made a substantial grant of submerged lands - a mile strip along the shores of Lake Michigan extending one mile out from the shoreline - to the Illinois Central Railroad. In 1873, the legislature changed its mind and repealed the 1869 grant. The State of Illinois sued to quit title. The court while accepting the stand of the State of Illinois' held that the title or the State in the land in dispute was a little different in character from that which the State held in lands intended for sails. It was different from the title which the United States held in public lands which were open to preemption and sale. It was a title held in trust - for the people of the State that they may enjoy the navigation of the water, carry on commerce over them, and have liberty of fishing their in free from obstruction or interference of private parties. The addiction of the general control of the State over lands in dispute was not consistent with the exercise of the trust which required the Government of the State to preserve such waters for the use of the public. According to Professor ?? court in Illinois' Central "articulated a principle that has become the central substantive thought in public trust litigation. When a State holds a resource which is available for the free use of the general public, a court will look with considerable skepticism upon any governmental conduct which is calculated either to relocate that resource to more restricted uses or to subject public uses to the self- interest of private parties".
19.In Gould vs. Greylock Reservation Commission 350 Mass 410 (1966), the Supreme Judicial Court of Massachusetts took the first major step in developing the doctrine applicable to changes in the use of lands dedicated to the public interest. In 1888 a group of citizens interested in preserving Mount Greylock as a unspoiled natural forest, promoted the creation of an association for the purpose of laying out a public park on it. The State Ultimately acquired about 9000 acres, and the legislature enacted a statute crating the Greylock Reservation Commission. In the year 1953, the legislature enacted a statute creating an Authority to construct and operate on Mount Greylock an Aerial Tramway and certain other facilities and it authorised the commission to lease to the Authority any portion of the Mount Greylock Reservation. Before the project commenced, five citizens brought an action against both they Greylock Reservation Commission and the licency Authority. The plaintiffs brought the sult us beneficiaries of the pubic trust. The court has been the lease and the management agreement invalid on the ground that they were in excess or the statutory grant of the authority. The crucial passage in the judgment of the Court is as under:- "The profit sharing feature and some aspects of the project itself strongly suggest a commercial enterprise. In addition to the absence of any clear or express statutory authorization of as broad a delegation of responsibility by the Authority as is given by the management agreement, we find no express grant to the Authority or power to permit use of public lands and of the Authority's borrowed funds for what seems, in part at least, a commercial venture for private profit."
Professor Sax's comments on the above quoted paragraph from Gould decision are as under:-
"It hardly seems surprising, then that the court questioned why a state should subordinate a pubic park, serving a useful purpose as relatively undeveloped land, to the demands of private investors for building such a commercial facility. The court, faced with such a situation, could hardly have been expected to have treated the case as if it involved nothing but formal legal issues concerning the state's authority to change the use of the certain tract of land ..... would, like Illinois Central, was contented with the most overt sort of imposition on the public interest; commercial interests had obtained advantages which infringed directly on public uses and promoted private profits. But the Massachusetts court as also confronted a more pervasive, if more subtle, problem - that concerning projects which clearly have some public justification. Such cases arise when, for example, a highway department seeks to take a pace of parkland or to fill a wetland."
19.In Sacco vs. Development of Public Works 352 MASS 670, the Massachusetts Court restrained the Department of Public Works from filling a great pond as part of its plan to relocate part of State Highway. The Department purported to act under the legislative authority. The court found the statutory power inadequate and held as under:-
the improvement of public lands contemplated by this section does not include the widening of a State highway. It seems rather that the improvement of public lands which the legislature provided for ... is to preserve such lands so that they may be enjoyed by the people for recreational purposes."
20.In Robbins vs. Department of Public Works 244 N.E. 2d 577, the Supreme Judicial Court of Massachusetts restrained the Public Works Department from acquiring Fowl Meadows, "Wet lands of considerable natural beauty ... often used for nature study and recreation" for highway use.
21.Professor Sax in the article (Michigan Law Review) refers to Prieweys. WisconSin State Land and Improvement Company 93 Wis 534 (1896), Crawford County Lever and Drainage district Nos.1, 182, Wis 404, city of Milwaukee vs. State 193 Wis 423, State vs. Public Service Commission 275 Wis 112 and opines that the Supreme Court of Wisconsin has probably made a more conscientious effort to rise above rhetoric and la work out a reasonable meaning for the public trust doctrine than have the courts or any other State".
22.Professor Sax stated the scope of the public trust doctrine in the following words:-
If any of the analysis in this Article makes sense, it is clear that the judicial techniques developed in public trust cases need not be limited either to these few conventional interests or to questions of disposition of public properties. Public trust problems are found whenever governmental regulation comes into question, and they occur in a wide range of situations in which diffuse public interests need protection against tightly organized groups with clear and immediate goals. Thus, it seems that the delicate mixture of procedural and substantive protections which the courts have applied in conventional public trust cases would be equally applicable and equally appropriate in controversies involving air pollution, the dissemination of pesticides, the location of rights of way for utilities, and strip mining or wetland filling on private lands in a state where governmental permits are required."
23.We may at this stage refer to the judgment of the Supreme Court of California in National Audubon Society vs. Superior Court of Alpine County 33 CAL. 3d 419. The case is popularly known as "the Mono lake case", Mono lake is the second largest lake in California. the lake is saline. It contains no fish but support a large population of brine shrimp which feed vast numbers of nesting and migrating birds. Islands in the take protect a large breeding colony of California guits, and the lake itself serves as a haven on the migration route for thousands of birds. Towers and spires of tura on the north and south shores are matters of geological interest and a tourist attraction. In 1940, the Division of Water Resources granted the Department of Water and Power of the city of Los Angeles a permit to appropriate virtually the entire flow of 4 of the 5 streams flowing into the lake. As a result of these diversions, the level of the lake dropped, the surface area diminished, the gulls were adbondoning the lake and the scenic beauty and the ecological values of the Mono Lake were imperiled. The plaintiffs environmentalist - using the public trust doctrine - filed a law suit against Los Angeles Water Diversions, the case eventually came to the California Supreme court, on a Federal Trial Judge's request for clarification of the States public trust doctrine. the Court explained the concept of public trust doctrine in the following words:-
"By the law of nature these things are common to mankind - the air, running water, the sea and consequently the shores of the sea." (Institutes of Justinian 2.1.1.) From this origin in Roman law, the English common law evolved the concept of the public trust, under which the sovereign owns "all of its navigable waterways and the lands lying beneath them as trustee of a public trust for the benefit of the people."
24.The Court explained the purpose of the public trust as under:- "The objective of the public trust has evolved in tandem with the changing public perception of the values and uses of waterways. As we observed in Marks v. Whitney, supra, 6 Cal.3d 251, "[p]ublic trust easements [were] traditionally defined in terms of navigation, commerce and fisheries. They have been held to include the right to fish, hunt, bathe, swim, to use for boating and general recreation purposes the navigable waters of the state, and to use the bottom of the navigable waters for anchoring, standing, or other purposes. We went on, however, to hold that the traditional triad of uses-navigation, commerce and fishing-did not limit the public interest in the trust res. In language of special importance to the present setting, we stated that "[t]he public uses to which tidelands are subject are sufficiently flexible to encompass changing public needs. In administering the trust the state is not burdened with an outmoded classification favoring one mode of utilization over another. there is a growing public recognition that one of the most important public uses of the tidelands-a use encompassed within the tidelands trust-is the preservation of those lands in their natural state, so that they may serve as ecological units for scientific study, as open space, and as environments which provide food and habitat for birds and marine life, and which favorably affect the secondary and climate or the area."
Mono Lake is a navigable waterway. It supports a small local industry which harvests brine shrimp for sale as fish food, which endeavor probably qualifies the lake as a "fishery" under the traditional public trust cases. The principal values plaintiffs seek to protect, however, are recreational and ecological-the scenic views of the lake and its shore, the purity of the air, and the use of the lake for nesting and feeding by birds, Under Marks v. Whitney, supra, 6 Cal.3d 251, it is clear that protection or these values is among the purposes of the public trust."
The court summed up the powers of the state are trustee in the following words:-
"Thus, the public trust is more than an affirmation of state power to use public property for public purposes. It is an affirmation of the duty of the state to protect the people's common heritage of streams, lakes, marshlands and tidelands, surrendering that right of protection only in rare cases when the abandonment of that right is consistent with the purposes of the trust......
The Supreme Court of California, inter alia, reached the following conclusion:-
"The state has an affirmative duty to take the public trust into account in the planning and allocation of water resources, and to protect public trust uses whenever feasible. Just as the history of this state shows that appropriation may be necessary for efficient use of water despite unavoidable harm to public trust values, it demonstrates that an appropriative water rights system administered without consideration of the public trust may cause unnecessary and unjustified harm to trust interests. (See Johnson, 14 U.C.Davis LL. Rev.233, 230-257;
Robie, Some Reflections on Environmental Considerations in Water Rights Administration, 2 Ecology L.Q.695, 710-711 (1972); Comment, 33 Hastings L.J. 653,
654.) As a matter of practical necessity the state may have to approve appropriations despite foreseeanie harm to public trust uses. In so doing, however, the state must bear in mind its duty as trustee to consider the effect of the taking on the public trust (see United Plainsmen v. N.D. State Water Cons. Comm'n, 247 N.W. 2d 457, 462-463 (N.D. 1976), and to preserve, so far as consistent with the public interest, the uses protected by the trust."
25.The Court finally came to the conclusion that the plaintiffs could rely on the public trust doctrine in seeking reconsideration of the allocation of the waters of the Mono basin.
26.It is no doubt correct that the public trust doctrine under the English Common Law extended only to certain traditional uses such as navigation, commerce and fishing. But the American Courts in recent cases have expanded the concept of the public trust doctrine. The observations of the Supreme Court of California in Mono Lake case clearly show the judicial concern in protecting all ecologically important land,s for example fresh water, wetlands or riparian forests. The observation of the Court in Mono Lake case to the effect that the protection of ecological values is among the purpose of public trust, may give rise to an argument that the ecology and the environment-protection is a relevant factor to determine which lands, waters or airs are protected by the public trust doctrine. The Courts in United States are finally beginning to adopt this reasoning and are expanding the public trust to encompass new types of lands and waters. In Phillips Petroleum co. vs. Mississippi 108 S.Ct. 791 (1988), the United States Supreme Court upheld Mississippi's extension of public trust doctrine to lands underlying nonavigable tidal areas. The majority judgment adopted ecological concepts to determine which lands can be considered tide lands. Phillips Petroleum case assumes importance because the Supreme Court expanded the pubic trust doctrine to identify the tide lands not on commercial considerations but on ecological concepts. We see no reason why the public trust doctrine should not be expanded to include all eco-systems operating in our natural resources.
27.Our legal system - based on English Common Law - includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the sea- shore, running waters, airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership.
28.We are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open land sin their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasing complex society, find it necessary to encroach to some extent open lands heretofore considered in-violate to change. The resolution of this conflict in any given case is for the legislature and not the courts. If there is a law made by Parliament or the State Legislatures the courts can serve as an instrument of determining legislative intent in the exercise of its powers of judicial review under the Constitution. But in the absence of any legislation, the executive acting under the doctrine of public trust cannot abdicate the natural resources and convert them into private ownership or for commercial use. The esthetic use and the prestime glory of the natural resources, the environment and the eco- systems of our country cannot be permitted to be eroded for private, commercial or any other use unless the courts find it necessary, in good faith, for the public goods and in public interest to encroach upon the said resources.
29.Coming to the facts of the present case, large area of the bank of river Beas which is part of protected forest has been given on a lease purely for commercial purposes to the Motels. We have no hesitation in holding that the Himachal Pradesh Government committed patent breach of public trust by leasing the ecologically fragile land to the Motel management. Both the lease
- transactions are in patent breach of the trust held by the State Government. The second lease granted in the year 1994 was virtually of the land which is a part of river-bed. Even the board in its report has recommended deleasing of the said area.
30.This Court in Vellore Citizens Welfare Forum v. Union of India & Ors. JT 1996(7) S.C.375 explained the "Precautionary Principle" and "Polluters Pays principle" as under:-
Some of the salient principles of "Sustainable Development", as culled out from Brundtland Report and other international documents, are inter- Generational Equity, Use and Conservation of Natural Resources, Environmental Protection, the Precautionary Principle, Polluter Pays principle, Obligation to assist and cooperate, Eradication of Poverty and Financial Assistance to the developing countries. We are, however, of the view that "The Precautionary Principle" and "The Polluter Pays" principle are essential features of "Sustainable Development". The "Precautionary Principle" - in the context of the municipal law - means:
(i) Environment measures - by the State Government and the statutory authorities - must anticipate, prevent and attack the causes of environmental degradation.
(ii) Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
(iii) The "Onus of proof" is on the actor or the developer/industrialist to snow that this action is environmentally benign.
"The Polluter Pays" principle has been held to be a sound principle by this Court in Indian Council for Enviro-Legal Action vs. Union of India JT 1996 (2) 196. The Court observed, "We are of the opinion that any principle evolved in this behalf should be simple, practical and suited to the conditions obtaining in this country". The Court ruled that "Once the activity carried on is hazardous or inherently dangerous, the person carrying on such activity is liable to make good the loss caused to any other person by his activity irrespective of the fact whether he took reasonable care while carrying on his activity. The rule is premised upon the very nature of the activity carried on".
Consequently the polluting industries are "absolutely liable to compensate for the harm caused by them to villagers in the affected area, to the soil and to the underground water and hence, they are bound to take all necessary measures to remove sludge and other pollutants lying in the affected areas". The "Polluter Pays" principle as interpreted by this Court means that the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental of the damaged environment is part of the process of "Sustainable Development" and as such polluter is liable to pay the cost to the individual sufferers as well as the cost of the reversing the damaged ecology.
The precautionary principle and the polluter pays principle have been accepted as part of the law of the land.?
(ii) M.C.Mehta v. Union of India (UOI) and others (AIR 2004 SC 4016): ?45.The natural sources of air, water and soil cannot be utilized if the utilization results in irreversible damage to environments. There has been accelerated degradation of environment primarily on account of lack of effective enforcement of environmental laws and non-compliance of the statutory norms. This Court has repeatedly said that the right to live is a fundamental right under Article 21 of the Constitution and it includes the right to of enjoyment of pollution-free water and air for full enjoyment of life. (See Subhash Kumar v. State of Bihar [AIR 1991 SC 420].
46.Further, by 42nd Constitutional Amendment, Article 48-A was inserted in the Constitution in Part IV stipulating that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Article 51A, inter alia, provides that it shall be the duty of every citizen of India to protect and improve the natural environment including forest, lakes, rivers and wildlife and to have compassion for living creatures. Article 47 which provides that it shall be the duty of the State to raise the level of nutrition and the standard of living and to improve public health is also relevant in this connection. The most vital necessities, namely, air, water and soil, having regard to right of life under Article 21 cannot be permitted to be misused and polluted so as to reduce the quality of life of others. Having regard to the right of the community at large it is permissible to encourage the participation of Amicus Curiae, the appointment of experts and the appointments of monitory committees. The approach of the Court has to be liberal towards ensuring social justice and protection of human rights. In M.C. Mehta v. Union of India [(1987) 4 SCC 463], this Court held that life, public health and ecology has priority over unemployment and loss of revenue. The definition of 'sustainable development' which Brundtland gave more than 3 decades back still holds good. The phrase covers the development that meets the needs of the present without compromising the ability of the future generation to meet their own needs. In Narmada Bachao Andolan v. Union of India & Ors. [(2000) 10 SCC 664], this Court observed that sustainable development means the type or extent of development that can take place and which can be sustained by nature/ecology with or without mitigation. In these matters, the required standard now is that the risk of harm to the environment or to human health is to be decided in public interest, according to a "reasonable person's " test. [See Chairman Barton : The Status of the Precautionary Principle in Australia : (Vol. 22) (1998) (Harv. Envtt. Law Review, p. 509 at p.549-A) as in AP Pollution Control Board vs. Prof. M.V. Nayuder (Retd) & Ors. [(1999) 2 SCC 718].
47.The mining operation is hazardous in nature. It impairs ecology and people's right of natural resources. The entire process of setting up and functioning of mining operation require utmost good faith and honesty on the part of the intending entrepreneur. For carrying on any mining activity close to township which has tendency to degrade environment and are likely to effect air, water and soil and impair the quality of life of inhabitants of the area, there would be greater responsibility on the part of the entrepreneur. The fullest disclosures including the potential for increased burdens on the environment consequent upon possible increase in the quantum and degree of pollution, has to be made at the outset so that public and all those concerned including authorities may decide whether the permission can at all be granted for carrying on mining activity. The regulatory authorities have to act with utmost care in ensuring compliance of safeguards, norms and standards to be observed by such entrepreneurs. When questioned, the regulatory authorities have to show that the said authorities acted in the manner enjoined upon them. Where the regulatory authorities, either connive or act negligently by not taking prompt action to prevent, avoid or control the damage to environment, natural resources and peoples' life, health and property, the principles of accountability for restoration and compensation have to be applied.
50. The grant of mining lease is governed by the Mines and Minerals (Regulation and Development) Act, 1957 (for short, 'the MMRD Act) which was enacted to provide for the development and regulation of mines and minerals under the control of the Union. Section 13 is the rule making power of the Central Government. The Central Government is empowered to make rules to provide for the manner in which rehabilitation of flora and other vegetation, such as trees, shrubs and the like destroyed by reason of any mining operation shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the mining lease. Section 18, inter alia, casts a duty upon the Central Government to take all such steps as may be necessary for the conservation and systematic development of minerals in India and for the protection of environment by preventing or controlling any pollution which may be caused by mining operations and for such purposes, the Central Government may, by notification in the official gazette, make such rules as it thinks fit.
51.The Mineral Concession Rules, 1960 have been framed by the Central Government in exercise of the powers conferred by Section 13 of the MMRD Act. Chapter IV of these Rules relate to grant of mining leases in respect of land in which the minerals vest in the Government. Rule 22(4), inter alia, provides that on receipt of the communication from the State Government of the precise areas to be granted for mining purpose, the applicant shall submit a mining plan, within the period stipulated in the Rules, to the Central Government for its approval. The applicant, on approval of the mining plan by the Central Government, shall submit the same to the State Government to grant mining lease over that area. Rule 4A, inter alia, provides that notwithstanding anything contained in Sub- rule(4), the State Government shall be competent to approve mining plan of open cost mines (mines other than underground mines) in respect of now metallic or industrial minerals, named therein, one of it being Silica sand. The mining plan, as provided in sub-rule (5) of Rule 22, shall, inter alia, incorporate the mineral reserves of the area and the plan of area showing, inter alia, water courses, limit of reserves and other forest areas and density of trees, if any, assessment of impact of mining activity on forest, land surface and environment including air and water pollution; details of the scheme of restoration of the area by afforestation, land reclamation, use of pollution control devices and such other measures as may be directed by the Central Government or the State Government from time to time. A tentative scheme of mining and annual programme and plan for excavation from year to year for five years is also required to be incorporated in the mining plan. Rule 22(5) was inserted in the Rules by notification dated 27th September, 1994 to which certain amendments were made in terms of notification dated 17th January, 2000 also inserting by same notification Rule 22(4A). Sub-rule(4) to Rule 22 ad been earlier inserted by notification dated 27th September, 1994.
52.The grant of permission for mining and approving mining plan and the scheme by the Ministry of Mines, Government of India by itself does not mean that mining operation can commence. It cannot be accepted that by approving Mining Plan and Scheme by Ministry of Mines, Central Government is deemed to have approved mining and it can commence forthwith on such approval. Section 13 of the MMRD Act and the Rules made in exercise of powers under the said section, deal, inter alia, with the aspect of grant of mining of lease and not commencement of mining operations. Rules made under Section 18, however, deal with commencement of mining operations and steps required to be taken for protection of environment by proventing or controlling any pollution which may be caused by mining operation. A mining lease holder is also required to comply with other statutory provisions such as Environment (protection) Act, 1986, Air (Prevention and control of Pollution) Act, 1981, The Water (Prevention and Control of Pollution) Act, 1974, Forest (Conservation) Act, 1980. Mere approval of the mining plan by Government of India, Ministry of Mines would not absolve the lease holder from complying with the other provisions.
53.Rules 31 to 41 contained in Chapter V of the Mineral Conservation and Development Rules, 1988 framed under Section 18 of the MMRD Act deal with the measures required to be taken by the lessee for the protection of environment from any adverse effect of mining or irreversible consequences thereof. These Rules, inter alia, provide that every holder of a mining lease shall take all possible precautions for the protection of environment and control of pollution while conducting mining operations in the area; shall, wherever top soil exists and is to be excavated for mining operations, remove it separately and utilize for restoration or rehabilitation of the land which is no longer required for mining operations. The holder is also required to take steps so that the overburden, waste rock, rejects and fines generated during prospecting and mining operations or tailings, slims and fines produced during sizing salting and benefication or metallurgical operations shall be stored in separate dumps which shall be properly secured to prevent escape of material therefrom in harmful quantities which may cause degradation of environment. Wherever possible, the waste rock, overburden etc. shall be back-filled into the mines excavation with a view to restoring the land for its original use as far as possible and wherever it is not feasible during mining operation, the waste dumps shall be suitably tarraced and stabilized through vegetation or otherwise. It is also required that the phased restoration, reclamation and rehabilitation of lands affected by mining operation shall be undertaken which work shall be completed before the conclusion of mining operations and the abandonment of mine. Air pollution due to fines, dust and smoke or gaseous emissions during mining operations and related activities shall be controlled and kept within 'permissible limits' specified under various environmental laws of the country including the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 by the holder of mining lease. Further, noise arising out of such operations shall be abated or controlled by the lessee at the source so as to keep it within the permissible limit. The mining operations shall be carried out in such a manner so as to cause least damage to the flora of the area and nearby areas. Every holder of mining lease shall take immediate measures for planting in the same area or any other area as selected by the authorized officer and not less than twice the number of trees destroyed by reason of any mining operation and look after them during the subsistence of the licence/lease and restore, to the extent possible, other flora destroyed by mining operations.
54.The aforesaid measures are not required to remain only on paper but strictly complied for the protection of environment and control of pollution as a result and consequence of mining operations.?
(iii) T.N.Godavarman Thirumulpad v. Union of India (UOI) and others (AIR 2005 SC 4256):
?69. The duty to preserve natural resources in pristine purity has been highlighted in M.C. Mehta v. Kamal Nath & Ors. [(1997) 1 SCC 388]. After considering the opinion of various renowned authors and decisions rendered by other countries as well on environment and ecology, this Court held that the notion that the public has a right to expect certain lands and natural areas to retain their natural characteristics is finding its way into the law of the land. The Court accepted the applicability of public trust doctrine and held that it was founded on the ideas that certain common properties such as rivers, sea-shore, forests and the air were held by the Government in trusteeship for the free and unimpeded use of the general public. These natural resources have a great importance to the people as a whole that it would wholly unjustified to make them subject to private ownership. These resources being a gift of nature, should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. It was held that our legal system based on English common law includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of these resources. The State as a trustee is under a legal duty to protect these natural resources. Summing up the Court said : "We are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary to encroach to some extent upon open lands heretofore considered inviolate to change. The resolution of this conflict in any given case is for the legislature and not the courts. If there is a law made by Parliament or the State Legislatures the courts can serve as an instrument of determining legislative intent in the exercise of its powers of judicial review under the Constitution. But in the absence of any legislation, the executive acting under the doctrine of public trust cannot abdicate the natural resources and convert them into private ownership, or for commercial use. The aesthetic use and the pristine glory of the natural resources, the environment and the ecosystems of our country cannot be permitted to be eroded for private, commercial or any other use unless the courts find it necessary, in good faith, for the public good and in public interest to encroach upon the said resources."
?74. The forest policy has a statutory flavour. The non-fulfillment of aforesaid principle aim would be violative of Articles 14 and 21 of the Constitution. The basic objectives of the Forest Policy, 1988 are: "2.1 The basic objectives that should govern the National Forest Policy are the following:
-- Maintenance of environmental stability through preservation and, where necessary, restoration of the ecological balance that has been adversely disturbed by serious depletion of the forests of the country.
-- Conserving the natural heritage of the country by preserving the remaining natural forests with the vast variety of flora and fauna, which represent the remarkable biological diversity and genetic resources of the country.
-- Checking soil erosion and denudation in the catchment areas of rivers, lakes reservoirs in the interest of soil and water conservation, for mitigating floods and droughts and for the retardation of silation of reservoirs.
-- Checking the extension of sand-dunes in the desert areas of Rajasthan and along the coastal tracts.
-- Increasing substantially the forest/tree cover in the country through massive afforestation and social forestry programmes, especially on all denuded, degraded and unproductive lands.
-- Meeting the requirements of fuelwood, fodder, minor forest produce and small timber of the rural and tribal populations.
-- Increasing the productivity of forests to meet essential national needs.
-- Encouraging efficient utilization of forest produce and maximum substitution of wood.
-- Creating a massive people's movement with the involvement of women, for achieving these objectives and to minimize pressure on existing forests. 2.2 The principal aim of Forest Policy must be to ensure environmental stability and maintenance of ecological balance including atmospheric equilibrium which are vital for sustenance of all life forms, human, animal and plant. The derivation of direct economic benefit must be subordinated to this principal aim."
?79?. Moreover, any threat to the ecology can lead to violation of right of enjoyment of healthy life guaranteed under Article 21 which is required to be protected. The Constitution of India enjoins upon this Court a duty to protect environments.?
?85.Reference may also be made to report of the Planning Commission (Chapter IX) relating to forest environments in Tenth Five Year Plan (2002- 2007) which has taken note of the fact that sustainability is not an option but imperative since without it environmental deterioration and economic decline will be feeding each other leading to poverty, pollution, poor health, political upheaval and unrest. Environment cuts across all sectors of development. The rapid increase in green house gases in the atmosphere, land degradation, deteriorating conditions of fragile eco systems, deforestation, loss of biodiversity and environmental pollution have become subjects of serious global concern. The overall impact of these phenomena is likely to result in depletion of ozone layer, change of climate, rise in sea-level loss of natural resources, reduction in their productivity ultimately leading to an ecological crisis affecting livelihood options for development and over all deterioration in quality of life.?
?88.The national development agenda must recognize the necessity of protecting the long-term ecological security. The problem area is the growing population, high degree of mechanism and steep rise in energy use which has led to activities that directly or indirectly affect the sustainability of the environment.?
?89.It is recognized that the sustainable use of bio-diversity is fundamental to ecological sustainable. The loss of bio-diversity stems from destruction of the habitat, extension of agriculture, filling up of wet lands, conversion of rich bio-diversity sites for human settlement and industrial development, destruction of coastal areas and uncontrolled commercial exploitation. It is thus evident that the preservation of eco- systems, bio-diversity and environment whether examined on common law principle or statutory principle or constitutional principle eying from any angle it is clearly a national issue to be tackled at the national level. All initiatives are required to seriously pursue.?
?90.Dealing with inter-generational justice, it has been rightly observed that posterity shall not be treated like dirt. In an article published in 2003 Columbia Journal of Environmental Law (28 Colum.J.Envtl.L.185), the author says that the way in which a society cares or does not care for its dirt its land reflects the degree to which it cares or does not care for its own long-term future.?
?91.We may also briefly refer to Public Trust doctrine and its applicability to the matters under consideration. The Public Trust Doctrine looks beyond the need of the present generation and also suggests that certain resources are invested with a special nature. It would be instructive to make a note of a story given in by Timothy Patrick Brady in Boston College Environmental Affairs Law Review, Spring 1990 under the title 'But most of it belongs to those yet to be born'. The story relates to digging of well at the time of drought. When a Frenchman told villagers of a prudent African solution of digging well, many villagers agreed but others argued that it will bring people from other villages and they would bring their cattle and that would increase the pressure on the already precious water. The Frenchman told the villagers that why not explain to them that the well is only for your own village and they can dig their own. It was then said that 'water is not only ours, but is gift of nature from God and must be shared.' Ultimately, they concluded that it was wiser not to dig the well at all. The moral of the story is that we are trustees of natural resources which belong to all including future generation as well. The public trust doctrine has to be used to protect the right of this as also future generation.?
(iv) Goa Foundation v. Union of India (UOI) and others (2014 6 SCC 590): ?41. This Court in exercise of its power under Article 32 of the Constitution can direct the State to prohibit mining activities in an area adjacent to a National Park or a Wildlife Sanctuary for the purpose of protecting the flora, fauna and wildlife habitat of the National Park/Wildlife Sanctuary because these constitute part of the natural environment necessary for healthy life of persons living in the State of Goa. The right to life under Article 21 of the Constitution is a guarantee against the State and for enforcing this fundamental right of persons the State, which alone has a right to grant mining leases of the mines located inside the State, can be directed by the Court by an appropriate writ or direction not to grant mining leases or not to allow mining that will be violative under Article 21 of the Constitution. In Re: Construction of Park at NOIDA near Okhla Bird Sanctuary [(2011) 1 SCC 744] a three-Judge Bench (Forest Bench) of this Court has observed:
??? Environment is one of the facets of the right to life guaranteed under Article 21 of the Constitution. Environment is, therefore, a matter directly under the Constitution and if the Court perceives any project or activity as harmful or injurious to the environment it would feel obliged to step in. ?.? Thus, the submissions of learned counsel for the lessees that until a notification is issued under the Environment (Protection) Act, 1986 and the Rules made thereunder prohibiting mining activities in an area outside the boundaries of a National Park/Wildlife Sanctuary, no mining can be prohibited by this Court is misconceived.?
?52. We entirely agree with the CEC report that in the absence of proper checks, verifications and controls, there is bound to be illegal mining, storage and transportation of minerals, but we find that after the CEC Report, the Goa (Prevention of Illegal Mining, Storage and Transportation of Minerals) Rules, 2013 have been framed by the State Government under Section 23(c) of the MMDR Act. A reading of these Rules show that several provisions have been made in these rules to prevent illegal mining and to regulate the sale, export and transit of ore, storage of mineral and transportation and winning of mineral. The rules also provide for establishment of check posts, barriers and weighbridges and inspection of minerals in transit. Moreover, these rules empower any person authorised by the Government to enter, inspect, search and seize articles. These rules will have to be strictly enforced by the State Government and we hope that by such strict enforcement of these rules, the mining, storage and transportation of minerals in the State of Goa will get controlled and regulated and the leakages and evasion of revenue will, to a large extent, be prevented.?
?66. We are of the considered opinion that it is for the State Government to decide as a matter of policy in what manner the leases of these mineral resources would be granted, but this decision has to be taken in accordance with the provisions of the MMDR Act and the Rules made thereunder and in consonance with the constitutional provisions and the decision taken by the State of Goa to grant a mining lease in a particular manner or to a particular party can be examined by way of judicial review by the Court. To quote the opinion of four Judges out of five Judges expressed by D.K. Jain J. in Natural Resources Allocation, In Re, Special Reference No.1 of 2012 (supra):
?Alienation of natural resources is a policy decision, and the means adopted for the same are thus, executive prerogatives. However, when such a policy decision is not backed by a social or welfare purpose, and precious and scarce natural resources are alienated for commercial pursuits of profit maximising private entrepreneurs, adoption of means other than those that are competitive and maximise revenue may be arbitrary and face the wrath of Article 14 of the Constitution. Hence, rather than prescribing or proscribing a method, we believe, a judicial scrutiny of methods of disposal of natural resources should depend on the facts and circumstances of each case, in consonance with the principles which we have culled out above. Failing which, the Court, in exercise of power of judicial review, shall term the executive action as arbitrary, unfair, unreasonable and capricious due to its antimony with Article 14 of the Constitution.?
(v) State of NCT of Delhi v. Sanjay (2014 10 SCC 101):
?55. There cannot be any two opinions that natural resources are the assets of the nation and its citizens. It is the obligation of all concerned, including the Central and the State Governments, to conserve and not waste such valuable resources. Article 48-A of the Constitution requires that the State shall endeavour to protect and improve the environment and safeguard the forests and wild life of the country. Similarly, Article 51-A enjoins a duty upon every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for all the living creatures. In view of the Constitutional provisions, the Doctrine of Public Trust has become the law of the land. The said doctrine rests on the principle that certain resources like air, sea, waters and forests are of such great importance to the people as a whole that it would be highly unjustifiable to make them a subject of private ownership.
56. Reading the provisions of the Act minutely and carefully, prima facie we are of the view that there is no complete and absolute bar in prosecuting persons under the Indian Penal Code where the offences committed by persons are penal and cognizable offence.
66. Considering the principles of interpretation and the wordings used in Section 22, in our considered opinion, the provision is not a complete and absolute bar for taking action by the police for illegal and dishonestly committing theft of minerals including sand from the river bed.
67. The Court shall take judicial notice of the fact that over the years rivers in India have been affected by the alarming rate of unrestricted sand mining which is damaging the eco-system of the rivers and safety of bridges. It also weakens river beds, fish breeding and destroys the natural habitat of many organisms. If these illegal activities are not stopped by the State and the police authorities of the State, it will cause serious repercussions as mentioned hereinabove. It will not only change the river hydrology but also will deplete the ground water levels.
(vi) Lafarge Umiam Mining Pvt. Ltd. V. Union of India (UOI) and others (2011 7 SCC 338):
?19. Universal human dependence on the use of environmental resources for the most basic needs renders it impossible to refrain from altering environment. As a result, environmental conflicts are ineradicable and environmental protection is always a matter of degree, inescapably requiring choices as to the appropriate level of environmental protection and the risks which are to be regulated. This aspect is recognized by the concept of "sustainable development". It is equally well-settled by the decision of this Court in the case of Narmada Bachao Andolan v. Union of India and Others [(2000) 10 SCC 664] that environment has different facets and care of the environment is an on-going process. These concepts rule out the formulation of across-the-board principle as it would depend on the facts of each case whether diversion in a given case should be permitted or not, barring "No Go" areas (whose identification would again depend on undertaking of due diligence exercise). In such cases, the Margin of Appreciation Doctrine would apply.
20. Making these choices necessitates decisions, not only about how risks should be regulated, how much protection is enough, and whether ends served by environmental protection could be pursued more effectively by diverting resources to other uses. Since the nature and degree of environmental risk posed by different activities varies, the implementation of environmental rights and duties require proper decision making based on informed reasons about the ends which may ultimately be pursued, as much as about the means for attaining them. Setting the standards of environmental protection involves mediating conflicting visions of what is of value in human life.
30. Time has come for us to apply the constitutional "doctrine of proportionality" to the matters concerning environment as a part of the process of judicial review in contradistinction to merit review. It cannot be gainsaid that utilization of the environment and its natural resources has to be in a way that is consistent with principles of sustainable development and intergenerational equity, but balancing of these equities may entail policy choices. In the circumstances, barring exceptions, decisions relating to utilization of natural resources have to be tested on the anvil of the well- recognized principles of judicial review.
Have all the relevant factors been taken into account? Have any extraneous factors influenced the decision? Is the decision strictly in accordance with the legislative policy underlying the law (if any) that governs the field? Is the decision consistent with the principles of sustainable development in the sense that has the decision-maker taken into account the said principle and, on the basis of relevant considerations, arrived at a balanced decision? 98Thus, the court should review the decision-making process to ensure that the decision of MoEF is fair and fully informed, based on the correct principles, and free from any bias or restraint. Once this is ensured, then the doctrine of "margin of appreciation" in favour of the decision-maker would come into play. Our above view is further strengthened by the decision of the Court of Appeal in the case of R v. Chester City Council reported in (2011) 1 All ER 476 (paras 14 to 16).?
(vii) M.C.Mehta v. Union of India (UOI) and others (2009 6 SCC 142): ?7?..On account of extensive mining on a disproportionate scale without taking remedial measures has resulted irreversible changes in the environment at Aravalli. It is in the aforestated background that any mining activity came to be banned under Order dated 29/30.10.2002. Even as far back as 2002, the environmental problems in the Aravalli range in Gurgaon district came to be identified. Remedial measures including pollution control guidelines and action plan for various stakeholders came to be suggested by CMPDI. Though guidelines for mining operations came to be issued by the State Government, the compliance was not there. Moreover, there was no mechanism to upgrade the mining technologies to minimize the impact due to mining in the eco-sensitive zones. CMPDI also noticed that in the Aravalli Hills a large number of activities, operations of stone crushers and deforestation had caused environmental degradation even in 2002 which is clear from para 63 of the above judgment in M.C. Mehta case (supra) and the tragedy is that despite all warnings, the mines continued their operations without Environment Management Plan. That, right from 18.3.2004, when this Court pronounced the judgment in M.C. Mehta case (supra), till date, number of Reports came to be submitted as the Court tried to balance mining activity on one hand with protection of environment on the other hand. In fact, in para 57 of the said judgment, this Court stated that so long as it is possible to undertake mining operations on the sustainable development principle, the Court should not impose complete ban on mining as it generates revenue for the State. However, vide para 89, a warning was given that if despite imposition of stringent conditions, the degradation of environment continuous and reaches a stage of no-return, then this Court may have to consider at a later date the closure of mining activity. This prediction has come true. The consequence is that the State now has decided to close the mining activity. Para 89 is also important from another angle. The judgment in M.C. Mehta case (supra) has left it to this Court to consider at a later date the closure of mining activity. Even in para 96(6), this Court observed that mining activity can be permitted only on the basis of sustainable development and on compliance with stringent conditions as the Aravalli Hill Range has to be protected at any cost and in case despite stringent conditions, mining results in an irreversible consequence on the ecology in the said area then at a later date the total stoppage of mining activity may have to be considered. In other words, in the judgment of this Court in M.C. Mehta case (supra) decided on 18.3.2004, a window was left open for this Court to impose complete ban on mining operations if emergent situation arises.
(a) Mining Projects:
8. Nature has endowed India with a wide variety of temperate and tropical forests. The Earth has not only provided ridges, fauna, flora to India but immense mineral treasures with great potential for economic exploitation. At the same time, our economy is facing problems on account of rising population, indiscriminate industrialization, unsustainable exploitation of natural resources etc. Mining sector is regulated by a large number of environment and forest statutes. The Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 were enacted to implement the decisions taken in United Nations Conference on Human Environment in 1972 at Stockholm. These environment and forests statutes interact with mining regulations under Mines and Minerals (Development and Regulation) Act, 1957; Mineral Concession Rules, 1960; Mineral Conservation and Development Rules, 1988. On account of depletion of the forest cover, we have the Forest (Conservation) Act, 1980, which was enacted to regulate the diversion of forest area for non-forest purposes. Similarly, under the EP Act, 1986 we have several notifications, including Environment Impact Assessment Notification 1994. At the same time, mining comes under the purview of large number of mining statutes which are required to be implemented inter alia by State Forest Departments, State Pollution Control Boards, Forest Advisory Committee(s), MoEF etc. The grant of mining leases (major and minor minerals both, including quarry leases, quarry permits, short term permits etc.) inside forest areas coming under the purview of Section 2(ii) of Forest (Conservation) Act, 1980. Itapplies to mining leases. It is important to note that in order to operate mining inside the forest area, the lessee is required to possess clearances under Mines and Minerals (Development and Regulation) Act, 1957 ("1957 Act"); under Section 2(ii) of Forest (Conservation) Act, 1980; and to Environment Clearance under EIA Notification which applies to mining of major minerals and to the areas exceeding 5 hectares. In case of mining projects, a Site Clearance is also required which is issued either by the Central Government or the State Government depending upon the area of land let out on lease. Further, Section 2(ii)of Forest (Conservation) Act, 1980 prohibits grant or renewal of mining lease without prior approval of Central Government.
20. At this stage, we may also note that under Section 13(2)(qq) of 1957 Act, Rules have been framed for rehabilitation of flora and other vegetation destroyed by reason of any prospecting or mining operations. Under Section 18 of the 1957 Act, Rules have been framed for conservation and systematic development of minerals in India and for the protection of environment by preventing or controlling pollution caused by prospecting or mining operations which also form part of Mineral Concession Rules, 1960 and Mineral Conservation and Development Rules, 1988. Under Rule 27(1)(s)(i) of Mineral Concession Rules, 1960 every lessee is required to take measures for planting of trees not less than twice the number destroyed by mining operations. Under Mineral Conservation and Development Rules, 1988, vide Rule 34, mandatory provisions for reclamation and rehabilitation of lands are made for every holder of prospecting licence or mining lease to be undertaken and that work has to be completed by the lessee/licensee before abandoning the mine or prospect. Similarly, under Rule 37 of Mineral Conservation and Development Rules, 1988 the lessee/licensee has to calibrate the air pollution within permissible limits specified under EP Act, 1986 as well as Air (Prevention and Control of Pollution) Act, 1981. Under the said Rules 1988, the most important Guideline is Guideline No. 25.26.3, 25.26.4, 25.26.5 and 25.26.6. This Guideline deals with reclamation, planning and implementation, restoration strategy, principles of rehabilitation, rehabilitation of mined out sites and methods of reclamations. (see Handbook of Environment & Forest Legislations, Guidelines and Procedures in India by Ravindra N. Saxena and Sangita Saxena at pp. 1555-1562). It may be noted that there are two steps to be taken in the method of reclamation, namely, technical reclamation and biological reclamation. The most important aspect of the above guideline is making of a Rehabilitation Plan.
Conclusion:
21. None of the above provisions have been complied with. In the circumstance, by the present order, we hereby suspend all mining operations in the Aravalli Hill Range falling in the State of Haryana within the area of approximately 448 sq. kms. in the Districts of Faridabad and Gurgaon including Mewat till Reclamation Plan duly certified by State of Haryana, MoEF and CEC is prepared in accordance with the above statutory provisions contained in various enactments enumerated above as well as in terms of the Rules framed thereunder and the Guidelines. The said Plan shall state what steps are needed to be taken to rehabilitate (including reclamation) followed by Status Reports on steps taken by the Authorities pursuant to the said Plan.?
(viii) Association For Environment Protection Versus State Of Kerala, AIR 2013 SC 2500:
?4. Although, the Constitution of India, which was enforced on 26.1.1950 did not contain any express provision for protection of environment and ecology, the people continued to treat it as their social duty to respect the nature, natural resources and protect environment and ecology. After 26 years, Article 48-A was inserted in Part IV of the Constitution and the State was burdened with the responsibility of making an endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. By the same amendment, Fundamental Duties of the citizens were enumerated in the form of Article 51-A (Part-IV A). These include the duty to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures [Article 51-A(g)].
5. The Courts in different jurisdictions have, time and again, invoked the public trust doctrine for giving judicial protection to environment, ecology and natural resources. This Court also recognized the importance of the public trust doctrine and applied the same in several cases for protecting natural resources which have been treated as public properties and are held by the Government as trustee of the people. The judgment in M.C. Mehta V/s. Kamal Nath (1997) 1 SCC 388 is an important milestone in the development of new jurisprudence by the Courts in this country for protection of environment. In that judgment, the Court considered the question whether a private company running tourists resort in Kullu-Manali valley could block the flow of Beas river and create a new channel to divert the river to at least one kilometer down stream. After adverting to the theoretical and philosophical basis of the public trust doctrine and judgments in Illinois Central Railroad Co. V/s. People of the State of Illinois, 146 US 387; Gould V/s. Greylock Reservation Commission 350 Mass 410 (1966); Sacco V/s. Development of Public Works, 532 Mass 670; Robbins V/s. Deptt. of Public Works 244 NE 2d 577 and National Audubon Society V/s. Superior Court of Alpine County 33 Cal 3d 419, this Court observed:
"Our legal system ? based on English common law ? includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the sea-shore, running waters, airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership.
We are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary to encroach to some extent upon open lands heretofore considered inviolate to change. The resolution of this conflict in any given case is for the legislature and not the courts. If there is a law made by Parliament or the State Legislatures the courts can serve as an instrument of determining legislative intent in the exercise of its powers of judicial review under the Constitution. But in the absence of any legislation, the executive acting under the doctrine of public trust cannot abdicate the natural resources and convert them into private ownership, or for commercial use. The aesthetic use and the pristine glory of the natural resources, the environment and the ecosystems of our country cannot be permitted to be eroded for private, commercial or any other use unless the courts find it necessary, in good faith, for the public good and in public interest to encroach upon the said resources."
55. From the above judgments, it is clear that the courts have stepped in to protect the environment by curbing mining activity, whenever the state has failed in its duty under Article 48 A and 51 A. Also, from the various reports referred above, it is evident that the directions and the orders of the Hon'ble Apex Court and this Court referred above have been violated and the illegal mining activity has not been curbed and the mining has been continued beyond permissible limits, resultantly, causing irreparable damage to the ecology. The scope of the doctrine of public trust has been discussed elucidated by the Apex Court in M.C Mehta?s case (supra). The scope of judicial review is not limited to validity of enactments alone but would also be applicable to policy decisions when the decisions either directly or indirectly violate the fundamental rights, more so in cases where the interest of the public is at stake.If the ecology is not protected, there is no doubt that it will endanger the very existence of human life and we might not even have a future generation.Therefore, as a custodian of the fundamental rights and the constitutional rights, it is the duty of this court to ensure that environment is protected and is not subjected to degradation, when the authorities have failed. Hence, the third question is answered in affirmative.
56. Under the above circumstances, this Court is of the view that the appellants have not made out any case for interference with the order of the Learned Single Judge. Hence, the writ appeal is dismissed and the appellants are directed to strictly comply with the directions issued in W.P No 20020/2017. No costs. Consequently, connected Miscellaneous petitions are closed.
To
1. The Secretary, The Union of India, Ministry of Mines, Shastri Bhavan,Dr. Rajendra Prasad Road, New Delhi 110 001.
2. The Secretary, The Union of India, Ministry of Environment, Forest and Climate Change, New Delhi.
3. The Secretary, The Union of India, Ministry of Commerce and Industry, Udyog Bhavan, New Delhi - 110 107.
4. The Secretary, The Union of India, Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi 110 001.
.


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OAssist - Office Assistant
Developer: Sayantan Ghosh
Description
OAssist - Office Assistant is a office utility application made for M/S. S.A. Construction. This application is made to be used as a
Google Chrome Extension.
Requirements
This application requires Google Chrome web browser and internet when hosted on an external server.
Installation Instructions
Goto: More Tools > Extensions. Enable Developer mode and click on Load unpacked extension... button.
Then select the oassist folder from the location you chose when you downloaded OAssist. Open a new tab in the browser to start using OAssist.


Ours is a compact digital piano with 73 keys that combines incredible piano performance with a user friendly minimalistic design.Easily portable and extremely accessible, this instrument allows you to experience the joy of playing the piano on your terms.Yamaha's unique Pure CF Sound Engine is the result of over a century of acoustic piano craftsmanship combined with state-of-the-art technology and expertise.
It is the industry leader in digital piano technology, and you can hear this in the sound of digital pianos that utilise the Pure CF engine. P-121 includes the sound of the renowned CFIIIS 9' concert grand piano and is faithfully reproduced, allowing for incredible dynamics and expressiveness making Pure CF equipped digital pianos worthy of the name. A Graded Hammer Standard (GHS) 73-key piano keyboard provides a heavier touch in the low end and lighter touch in the high end, and is similar to the acoustic piano.
The newly improved 2-way speaker system produces an expansive piano sound in both upward and downward directions. This enables the player to enjoy a rich sound field as though you were sitting in front of an acoustic piano. The Stereophonic Optimizer—a new kind of headphone experience When using headphones, the Stereophonic Optimizer lets players enjoy the same dispersed sound heard when sitting in front of an acoustic piano. With the Stereophonic Optimizer, Voices sampled from acoustic pianos appear to come from the body of the instrument. This provides a comfortable, natural experience that eliminates the downsides of performing with headphones.


ABOUT US
We are a peaceful, family run campground short before Mostar.
Located directly at the river Buna with a beautiful view of the mountains, we are happy to welcome you!
We are locals and know the area very well and we are happy to supply you with information about all the interesting sights close by. You can go swimming in the river, rent kayaks close by or simply relax and enjoy the beautiful landscape all around the camp. The camp is simple (we try to keep things as natural as possible) and has space for around 40 campers as well as tents.
The camp is open from April to October.
Camp Facilities
- Spot for tents, trailers and campers (including power supply)
- WC, showers and washing rooms
- Wasching machine
- Kitchen (fridge, stove, sink)
- Grill available
- WiFi
Adds-on
- Shuttle service
- Pets allowed
- Little playground
- Barbecuing allowed
- Fishing allowed
In Walking Distance
- Restaurant (traditional cuisine, great outdoor sitting area on the Buna river)
- Café/Pub
- Shop
- Bakery
HERZEGOVINA TOUR
Discover our country and its people.
Buna
Small village
Mostar
Old bridge
Blagaj
Dervish house/monastery
Počitelj
UNESCO heritage
Kravice Waterfall
Swimming and picnic area
Međugorje
Catholic pilgrimage site
PRICE LIST
Only cash-payment possible.
small tent
10,00 EUR
Prices include up to 2 persons, electricity, parking, WiFi, use of bathroom and kitchen.
big tent / mini van / trailer / camper
15,00 EUR
Prices include up to 2 persons, electricity, parking, WiFi, use of bathroom and kitchen.
Add-on costs
depend on
Tourist tax per person and night: 1,00 EUR
Extra person: 3,00 EUR (kids until 7 years free)
Showcase
A picture says more than...
A thousand words
The combination of images or other media on one side, accompanied by some text on the other is a very common pattern. Often there's a link at the end for people to explore this particular aspect further.
Go furtherCONTACT US
Call to Action
River Camp - Half Island
Buna bb
Buna/Mostar
88202 (BiH)
Phone: +387 62 612-532
Bild vom rating widge!!
GPS: 43.14.30N; 17.50.19E (43.24491, 17.83826)
You have to enter the small street across the church, next to the cemetery and follow the signs.


Try
hello
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hello world
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Adds a new process to this object. This process is run and the output collected.
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Reads available lines from any of the running processes. If no lines are available now it will wait until 'timeout' to read a line. If nothing is running the timeout is not waited and the function simply returns. When a process has been completed and all output has been read from it, a variable 'group_ouput_done' will be set to True on the process handle.
|
Read a single line from any running process. Note that this will end up blocking for timeout once all processes have completed. 'readlines' however can properly handle that situation and stop reading once everything is complete.
|
Determine if calling readlines would actually yield any output. This returns true if there is a process running or there is data in the queue. |
Return the number of processes still running. Note that although a process may be finished there could still be output from it in the queue. You should use 'is_pending' to determine if you should still be reading. |
Return a list of all processes and their exit code.
|
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| Generated by Epydoc 3.0.1 on Thu Oct 31 11:01:42 2013 | http://epydoc.sourceforge.net |


Festive Brussels sprouts ketchup will soon be available from Amazon for £3 a bottle
It costs £3 a bottle and contains the goodness of 15 sprouts
by Robert LeighFor anyone worried about the potential shortage of sprouts this Christmas, don't worry - Amazon may have a solution.
The online retail giant has teamed up with condiment producers Sauce Shop to ensure sprout enthusiasts never have to worry about being caught short without the taste of the little green veg to hand.
Their new sprout ketchup costs £3 a bottle and contains the goodness of 15 sprouts - blended with cloves, nutmeg and cinnamon - within.
It is said to taste "sharp, sweet and spiced, like braised cabbage in a bottle" and is recommended for splooshing over festive leftovers, as a dipping sauce and even for pairing with a cheese board.
Read more: Sprouts may have to be imported this Christmas as British shoppers 'face shortage'
Its makers also reckon it could make a quirky stocking filler gift.
Sauce Shop co-founder Pam Digva said: "Our limited edition Brussels Sprout Ketchup is testament to the versatility of this highly nutritious, seasonal vegetable which has more vitamin C in one sprout than in an entire orange.
"It's been a wonderful challenge to bring out the natural sweet, nutty flavour of the often misunderstood Brussels sprout and we’re very proud of our sauce."
And even though it may seem like there's been a bit of a run on Amazon's stocks of the sprout ketchup - notes from the UK store suggest it is currently unavailable - there is no need to fret that the sprout shortage has already kicked in.
Read more: Gogglebox's Jenny shocks viewers by munching on Brussels sprouts for a snack
That's because it isn't actually on sale yet. The sprout ketchup is expected to be available to buy from December 2.
Ketchup isn't the only sprout-related product to pop up in the shops this year.
One retailer is selling chocolate Brussels sprouts flavoured with Baileys and ASDA has more sprout-flavoured snacks on their shelves.
The divisive veg has even turned up in gin made by Edinburgh distillers Pickering's!
You'd never know there are concerns sprouts may be in short supply in the UK this Christmas.
Leave us a comment on our Facebook page @EntertainmentDailyFix and let us know what you think of this story.


Transport
There are multiple route. Here we are giving only by road transportation details.
There are multiple route there. Here we are giving some transportation details.


We are a group of students studying Full-Stack Web Development at Lambda School. We are passionate about the skills we are learning and wanted to make an app that can make a difference in people's lives. We hope this app can help make meal times a happy family-time instead of a fight to get your kids to eat.


# Ignore this code; it's only here to display the image below
from IPython.display import Image
Image("../images/logo.jpg")
The objective of this first practical is to familiarise yourself with Python's built-in data types and the print function. For all practicals we will be using Spyder (Scientific PYthon Development EnviRonment). Spyder is an interactive development environment (IDE), similar to RStudio or MATLAB.
The default view of Spyder is shown below:
Typically the IPython console is used to verify individual statements before
introducing them into your script. So please experiment with the IPython console
but we highly recommend that you save all your commands into a reproducible
script, commented using the #
sign.
Image("../images/spyder_annotated.jpg") # Ignore this code; it's only here to display the image below
import this
Python contains the following core data types:
int
float
complex
bool
str
When you create a variable/object in Python, you can check what type it is
using the type
command.
NGenes = 1500 # number of genes measured
type(NGenes)
Km = 0.015 # Michaelis constant for chymotrypsin type(Km) # float
type(Km)
isTransFactor = True # is protein a transcription factor?
type(isTransFactor) # bool
The following arithmetic operators are available:
| Symbol | Operator | Example |
|---|---|---|
+ |
Addition | 6+2 = 8 |
- |
Subtraction | 6-2 = 4 |
* |
Multiplication | 6*2 = 12 |
/ |
Division | 6/2 = 3.0 |
// |
Floor Division | 6//2 = 3 |
% |
Modulo | 6%2 = 0 |
** |
Power | 6**2 = 36 |
The following relational operators are available:
| Symbol | Operator | Example |
|---|---|---|
== |
Equals: True when objects have equal values |
5 == 5 returns True |
!= |
Not equals: True when objects have unequal values |
5 != 5 returns False |
< |
Less than: True when the left object is less than the right object |
2 < 5 returns True |
> |
Greater than: True when the left object is greater than the right object |
2 > 5 returns False |
<= |
Less than or equals: True when the left object is less than or equal to the right object |
5 <= 5 returns True |
>= |
Greater than or equals: True when the left object is greater than or equal to the right object |
5 >= 5 returns True |
N.B
bool
, i.e True
or False
==
and !=
when using float
, use <=
or >=
insteadLogical operators work on objects of type bool
and so are typically used in conjunction with relational operators:
x |
y |
x and y |
x or y |
x != y (exclusive or) |
not x |
|---|---|---|---|---|---|
True |
True |
True |
True |
False |
False |
True |
False |
False |
True |
True |
False |
False |
True |
False |
True |
True |
True |
False |
False |
False |
False |
False |
True |
x = 2
, y = 4.7
, z = 4
, etc. and play around with both arithmetic (e.g x**y
) and relational (e.g x >= z
) operatorsx <= y and z > x
p.s Although this exercise sounds incredibly tedious, familiarising yourself with relational and logical operators will enable us to create more flexible programs using flow control statements introduced in the next practical.
We can create strings by using single quotes or double quotes
name = 'James'
surname = "Bond"
type(name)
Using triple quotes we can create strings that span multiple lines
mySandwich = '''
spam
egg
bacon
spam
spam
spam
bacon
egg
spam
spam
'''
print(mySandwich) # we will go through the print() function in detail in the next section
mySandwich = """
spam
egg
bacon
spam
spam
spam
bacon
egg
spam
spam
"""
print(mySandwich) # we will go through the print() function in detail in the next section
Python's arithmetic operators +
and *
are defined for objects of type str
("overloaded" in geek terminology):
+
: concatenates strings together*
: repeats a string N timesdna1 = 'acgtaagtc'
dna2 = "gtcactatt"
dna1 + dna2
# Create a 50 nucleotide long poly(A) tail sequence
"a"*50
# You do (str * int) or (int * str)
50*"a"
# Repeat the sequence "actg" 5 times
mySeq = "actg"
mySeq*5
We can also use relational operators on strings
dna1 = "acgtttgacgtaaacgttgacgttaa"
dna2 = "acggttgaactgataccccgctataa"
dna1 == dna2
dna1 != dna2
# The "in" relational operator is True if a string is contained within another string
motif = "acgtaaa"
motif in dna1
motif in dna2
We can access individual characters or range of characters from strings using slicing
NOTE: Unlike MATLAB and R, Python starts counting from 0!
name = "John Smith"
name[0] # first letter in name
name[3] # fourth letter in name
name[0:4] # the first four letters in name
name[5:] # from the sixth letter until the end
name[-1] # the last letter in name
name[-3:] # the last three letters in name
+
and *
Before continuing with the built-in data types it is useful to introduce the print
function. As it says on the tin, the print function, prints the contents of an object to the system's standard output by default, i.e your IPython console.
print("Hello world")
print("Lovely Spaaam! \nWonderful Spaaam!") # print "Wonderful Spaam!" on a new line
We typically want to print statements that include the values of variables we have created. There are two ways we can do this in Python, using the %
or .format
operator.
NSamples = 10 # number of samples we RNA-sequenced
NGenes = 18173 # number of genes measured
print("We sequenced %d samples and measured %d genes" % (NSamples, NGenes))
print("We sequenced {0} samples and measured {1} genes".format(NSamples, NGenes))
The %
operator is similar in nature to that used in C and other languages. Although there is still a lot of Python code written using the %
operator, the .format
is the preferred method for Python 3, as it offers increased flexibility (PEP 3101). So from now on the .format
method will be used.
Note that both methods produce a new string which is then "printed" to screen. The .format
uses a method associated with objects of type str
(we will talk about methods of objects later on).
sentence1 = "We sequenced %d samples and measured %d genes" % (NSamples, NGenes)
sentence2 = "We sequenced {0} samples and measured {1} genes".format(NSamples, NGenes)
print(sentence1)
print(sentence2)
# More examples using floats
pi = 3.14159265359
print("pi to 2 decimal places is {0:.2f}".format(pi))
print("pi to 4 decimal places is {0:.4f}".format(pi))
integer
, float
and string
, place them within a sentence and print to screenNow that we are familiar with Python's core data types, we can start creating more complex data structures. As the name imply container data types simply "contain" one or many of the core data types (int
, float
, complex
, bool
, str
).
list
¶Suppose we found a set of differentially expressed genes and we want to perform some form of pathway analysis on them. It would be incredibly tedious and inefficient to assign a variable to each genes e.g gene1 = "Irf1", gene2 = "Ccl3", ..., gene100 = "Cxcl10"
. Instead we can store all of them in a list
and access individual genes using slicing, akin to what we did for strings
genes = ["Irf1", "Ccl3", "Il12rb1", "Ifng", "Cxcl10"]
type(genes)
genes[0] # access the name of the first gene
genes[-1] # access the name of the last gene
genes[1:3] # access the second and third genes
When we access an individual gene e.g genes[0]
, we obtain a string, which we can then slice further to obtain individual characters.
genes[0][0] # access first character of first gene
genes[0][-1] # access last character of first gene
dict
¶Data in lists are accessed using an index (0, 1, 2, etc.). Dictionaries allow us to store data which can be accessed using a unique key. Once we access the data, we can slice it as we've done previously.
favGene = {"Symbol": "Ifng", "Name": "Interferon", "EntrezID": 3458}
type(favGene)
favGene["EntrezID"] # access the EntrezID of my favourite gene
favGene["Symbol"][0:2] # first two characters of my favourite gene's symbol
Dictionaries are particularly useful to store parameters of a model for example. It is easier to access these parameters by their name, rather than remembering in what order they were put in a list.
myParam = {"beta": 0.2, "gamma": 1.3, "delta": 0.4}
myParam["delta"] # access the delta parameter
set
¶Sets are unordered collections of unique elements.
languages = set(['Maltese', 'English', 'Italian', 'Spanish']) # languages I can speak(ish)
type(languages)
Once we have defined a set we can perform any set operation (remember those venn diagrams?). For example, suppose we have identified a list of differentially expressed genes (DEGs). We now want to perform gene set encrichment analysis. The first step of such analysis is to find which DEGs are also present in a particular pathway.
DEGs = set(["Irf1", "Ccl3", "Il12rb1", "Ifng", "Cxcl10", "Ccl4", "Hist1h2ah", "Iigp2", "Ifit3"]) # list of DEGs
IFG = set(["Irf1", "Ifng", "Ifit1", "Ifit2", "Ifit3", "Cxcl10", "Cxcl9"]) # genes in interferon gamma pathway
commonGenes = DEGs.intersection(IFG)
print(commonGenes)
print(DEGs & IFG) # same as "intersection" using relational operators
Another popular set operation is the union. Suppose we have two sets of differentially expressed genes that we found using two different methods (e.g edgeR
and DESeq2
). We want to combine both sets into one which has a unique colletion of gene names appearing either in edgeR
or DESeq2
edgeR = set(["Irf1", "Ccl3", "Il12rb1", "Ccl4", "Hist1h2ah", "Iigp2", "Ifit3"]) # identified by edgeR
DESeq2 = set(["Irf1", "Ccl3", "Il12rb1", "Ifng", "Cxcl10"]) # identified by DESeq2
print(edgeR.union(DESeq2))
print(edgeR | DESeq2) # using relational operators
The container data types we have used so far, list
, dict
and set
, are called mutable objects. In a nutshell, mutable objects can be changed onces they have been defined. For example:
genes = ["Irf1", "Ccl3", "Il12rb1"] # list of genes
genes[0] = "Irf2" # change first gene to Irf2
print(genes)
The rest of the container data types, tuple
,frozenset
and range
are immutable objects; meaning that once assigned they cannot be changed.
tuple
¶Tuples are the immutable equivalent of list
geneList = ["Irf1", "Ccl3", "Il12rb1"] # list of genes
geneTuple = ("Irf1", "Ccl3", "Il12rb1") # tuple of genes
geneList[0] = "Irf2" # this is allowed
geneTuple[0] = "Irf2" # this will throw an error
Python throws a TypeError
telling us (as we know) that objects of type tuple cannot be assigned after they have been declared. Note however that we can replace an immutable object with a new one. Such operation would destroy the previously declared variable and a new one is created.
geneTuple = ("Irf1", "Ccl3", "Il12rb1") # tuple of genes
geneTuple = ("Irf2", "Ccl3", "Il12rb1") # destroy geneTuple and create a new one
frozenset
¶Frozenset
are the immutable equivalent of set
languages = frozenset(['Maltese', 'English', 'Italian', 'Spanish']) # languages I can speak(ish)
type(languages)
range
¶The range
command creates an immutable sequence of integers. This is typically used in for loops
which will be introduced in the next lecture.
x = range(2, 10, 2) # create integers from 2 to 10 (not inclusive) in steps of 2
print(x[0]) # first number in sequence
print(x[-1]) # last number in sequence
A Python variable (of any data type) is called an object. Python supports a programming paradigm called object-oriented programming (OOP). Unfortunately in this short introductory workshop we don't have time to introduce this paradigm. Nevertheless, we will be using a central concept in OOP called methods. Methods are just functions (which we will introduce in more detail later) that work on objects of a specific type. If you use R or MATLAB, you are familiar with the concept of functions. Methods are the same, but we access them using the '.'
notation and these methods are only defined for the object of that type.
For example suppose we have a string (e.g a gene name) that we want to convert to upper case. In R or MATLAB you would write a function called upper( )
and apply it to the gene name, e.g upper(geneName)
. In Python objects of type str
already have a list of pre-defined methods that we can apply using the '.'
notation, .upper( )
is one such method:
geneName = "Irf1"
geneName.upper() # equivalent to upper(geneName) in R/MATLAB
Avoid writing functions if a method already exists that does what you want (methods are optimised so will be be faster than writing your own custom function)


Software Developer
Experienced IT professional with top-notch implementation and project management abilities. Highly organized, methodical and skilled at overseeing daily milestones across high-performance teams. Well-versed in programming, planning and deployment. Motivated to learn, grow and excel in the IT industry.
1. Set up hardware and software in optimal configurations to meet network performance requirements.
2. Broke down and evaluated user problems, using test scripts, personal expertise and probing questions.
3. Explained technical information in clear terms to non-technical individuals to promote better understanding.
4. Adjusted project plans to account for dynamic targets, staffing changes and operational specifications.
1. Collaborated with project managers to select ambitious, but realistic coding milestones on pre-release software project development.
2. Authored code fixes and enhancements for inclusion in future code releases and patches.
3. Carefully documented technical workflows and knowledge in private wiki for education of newly hired employees.
Projects
Project
Projects
Projects
Projects
Projects
Projects
Projects


MPI_CART_CREATE(comm_old, ndims, dims, periods, reorder, comm_cart)
[ IN comm_old] input communicator (handle)
[ IN ndims] number of dimensions of cartesian grid (integer)
[ IN dims] integer array of size ndims specifying the number of processes in each dimension
[ IN periods] logical array of size ndims specifying whether the grid is periodic ( true) or not ( false) in each dimension
[ IN reorder] ranking may be reordered ( true) or not ( false) (logical)
[ OUT comm_cart] communicator with new cartesian topology (handle)
int MPI_Cart_create(MPI_Comm comm_old, int ndims, int *dims, int *periods, int reorder, MPI_Comm *comm_cart)
MPI_CART_CREATE(COMM_OLD, NDIMS, DIMS, PERIODS, REORDER, COMM_CART, IERROR)
INTEGER COMM_OLD, NDIMS, DIMS(*), COMM_CART, IERROR
LOGICAL PERIODS(*), REORDER
MPI_CART_CREATE returns a handle to a new communicator to which the cartesian topology information is attached. If reorder = false then the rank of each process in the new group is identical to its rank in the old group. Otherwise, the function may reorder the processes (possibly so as to choose a good embedding of the virtual topology onto the physical machine). If the total size of the cartesian grid is smaller than the size of the group of comm, then some processes are returned MPI_COMM_NULL, in analogy to MPI_COMM_SPLIT. The call is erroneous if it specifies a grid that is larger than the group size.


On average, it is estimated that there is at least one planet for every star in the galaxy. That means there's something on the order of billions of planets in our galaxy alone, many in Earth's size range. These planets outside of our solar system are known as Exoplanets.
Want to see Mars through the rovers eye
check the below options
Opportunity
Landing Date: January 25, 2004
Last Contact: June 10, 2018
Diastance Covered: 45.16 km (28.06 mi)
No Of Photos: 1,98439
Curiosity
Landing Date: August 6, 2012
Last Contact: Running
Diastance Covered: 22.97 km (14.27 mi)
No Of Photos: 743,467
Spirit
Landing Date: January 4, 2004
Last Contact: March 22, 2010
Diastance Covered: 7.73 km (4.8 mi)
No Of Photos: 1,24550


Tap the apply styles button in the style tab of the toolbar. This produces the apply styles menu populated using the style node in the document. This example also shows the use of a function to provide the style menu item labels.


@* * Copyright 2021 HM Revenue & Customs * * Licensed under the Apache License, Version 2.0 (the "License"); * you may not use this file except in compliance with the License. * You may obtain a copy of the License at * * http://www.apache.org/licenses/LICENSE-2.0 * * Unless required by applicable law or agreed to in writing, software * distributed under the License is distributed on an "AS IS" BASIS, * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. * See the License for the specific language governing permissions and * limitations under the License. *@ @import models._ @import config.ApplicationConfig @import play.twirl.api.HtmlFormat @this(atedMain: atedMain) @(bankDetailsForm: Form[BankDetails], oldFormBundleNo: String, serviceInfoContent: Html = HtmlFormat.empty, backLink: Option[String])(implicit authContext: StandardAuthRetrievals, messages: Messages, request: Request[AnyContent], appConfig: ApplicationConfig) @import uk.gov.hmrc.play.views.html.helpers._ @import views.html.helpers._ @implicitFormInstance = @{ Some(bankDetailsForm) } @pageScripts = { } @atedMain(title = messages("ated.bank-details.title"), pageScripts = Some(pageScripts), serviceInfoContent = serviceInfoContent) { @pageHeadersAndError(backLink, "pre-heading", messages("ated.property-details.pre-header-dispose"), "bank-details-header", messages("ated.bank-details.header"), Some(atedErrorSummary(bankDetailsForm, "ated.bank-details.error-key"))) @form(action=controllers.editLiability.routes.DisposeLiabilityBankDetailsController.save(oldFormBundleNo)) {