National Green Tribunal
Megh Singh & Ors vs State Of Rajasthan & Ors on 23 February, 2023
Item No. 2 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 209/2022
Megh Singh & Ors. ...Applicants
Versus
State of Rajasthan & Ors. ...Respondents
Date of hearing: 23.02.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicants: Applicants in person.
Respondents: Mr. Jai Bansal and Mr. Abhishek Verma, Advocates for
Respondent No. 1-MoEF&CC.
Ms. Prachi Mishra, Mr. Dipesh Singhal, Advocates for
Collector Churu and Department of Mines & Geology,
Government of Rajasthan.
Mr. Nishant Awana, Advocate for Respondent No. 3-
RSPCB.
Mr. Saurabh Rajpal and Mr. Ankit Shah, Advocates for
Respondent No. 5.
Mr. J.P. Jakhar and Mr. Anshul Jakhar, Advocates for
Noticees No. 17, 25, 27, 35, 37, 41 and 42.
Mr. Rahul Khurana, Advocate for Respondents No. 32,
84 and 95.
Mr. Suhrawardy, Advocate for CPCB (through VC).
Application is registered based on a letter petition received by email.
ORDER
1. In compliance of order dated 11.11.2022, Joint Inspection Report of the Committee has been filed by Scientist 'F', CPCB vide email dated 22.02.2023. Relevant part of the same is reproduced as under:-
"Joint Inspection Report of the Committee x x x x x x As per the order of Hon'ble NGT, the committee verified the factual status on the following issues: -
O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan & Ors.-2-
1. Whether mining is being done only by the persons in whose favour the lease has been granted and whether any mining lease has been sublet or is being operated by any person other than the lessee.
2. Whether mining leases of the defaulters have been temporary closed or have been surrendered/cancelled and permanently closed and whether any mining closure plan has been implemented.
3. Whether any safety zone area (7.5 meters strip) has been fenced, protected and regenerated along the outer boundary of the combined mining lease area.
4. Whether any proceedings have been initiated for imposition of any environmental compensation on any of the defaulter lessee or stone crusher.
5. Compliance status of mining leases with respect to consent conditions and environmental norms.
Following points as elaborated in the report of previous committee were also taken into account for reviewing the actual ground situation at the site.
1. Randhisar Pahari, Tehsil Sujangarh, District- Churu, Rajasthan being part of the Aravalli range, providing environmental cover to the area of 10 village panchayats for retaining monsoon ensuring rainfall.
2. Randhisar Pahari is at the verge of extinction due to illegal mining.
3. Surrounding 08- 10 hillocks have already disappeared due to unsustainable mining.
4. Expiry of mining agreement and objection of Forest Department for stopping mining in the area.
5. Extension of mining lease upto 20 years.
6. Mining in utter violation of the lease conditions.
7. Unscientific straight cutting of Randhisar Pahari to the depth of 250 - 500 ft.
8. Illegal and excessive unsustainable mining is destroying ecology of Randhisar Pahari, a part of Aravali range, endangering the lives of inhabitants and future generations.
9. Verification of mining leases and stone crushers operating in the area.
10. Complete destruction of the pathway to Mataji Mandir from Randhisar Pahari.
O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan & Ors.
-3-11. Potential risks to Holi Dhora and Bholenathji ki Samadhi due to illegal mining. Destruction of road between Randhisar and Dhatri and common roads in between agricultural fields by Mining Mafias.
Field Observations of Joint Committee :-
1. As informed by Directorate of Mines and Geology, Udaipur Randhisar Pahari had more than two peaks in the past, out of which only two peaks remain, namely one with BSNL Tower and another with Mataji Mandir.
2. As per the report of Assistant Mining Engineer, Department of Mines and Geology, Churu dated 15.06.2022, 42 mining leases in the Randhisar Pahari area were allotted as mining lease to the lease holders during the year 1973 to 1981. The minimum area of any one mining lease is about 900sqm whereas the maximum area is about 6000sqm. Mining has been carried out downwards from surface level i.e. into the depth of mine pit and the same has reached upto 200ft below ground (surface) level.
3. Out of the above 42 mining leases, 03 mining leases have been cancelled. Out of the remaining 39 mining leases, 24 mining lease holders have appointed Mine Managers who have obtained permission from Director of Mines Safety, Ajmer.
4. With reference to status of compliance of environmental clearance conditions it was observed that the mining cluster is having 42 number of mining leases, all of which are presently closed in compliance to Hon'ble court directions.
5. All the leases had been accorded environmental clearance.
Project proponent (PP) submitted compliance report to the team during the visit.
6. All the leases in the cluster are less than 1 hectare. Lessee have developed green belt on Khasra No. 812/327 and 814/30 (Total Area 3.94562 hectare), Village Randhisar.
7. Old pathway to Mataji Mandir, which was through mined area in the past, has been replaced with a new stairway with proper railing arrangements. No obstacle/hindrances were observed on the new pathway to Mataji Mandir during the joint verification.
8. No potential risk to Bholenathji ki Samadhi due to mining activities have been observed. No record related to the claimed revered site i.e. Holi Dhora is available in Department of Mines, Churu. However, Holi Dhora in the complaint is the place located in M.L. No. 162/1990 which was allotted to Shri Rajendra Panwar. In this mining lease, mining activities were carried out within the mining area and pillars with fencing have been provided.
O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan & Ors.
-4-9. On the day of the site visit at randhirsar Pahari, no mining activity was found to be in operation. Senior Mining Engineer (SME-Mining), State Govt informed the team that all mining leases have been cancelled by State Govt. Therefore, it can not be ascertained that mining is being done only by the persons in which favor the lease has been granted and any mining lease has been sublet.
10. SME-Mining, State Govt. informed that all leases has been cancelled after the Hon'ble NGT order (prior to cancellation mining activity was done, however no activity related to mine closure was observed). Also, since there was no owner of mine, mine closer plan and its listed activity as per approval was not provided to the committee.
11. With regard to safety zone area (7.5 mtr strips) the gap between mine is less than 7.5 mts. Also, the fencing along the boundary of each mine was not been done properly. Only one mine having higher depth are partially fenced. The gaps (less than 7.5 mts) are observed to be used as pathway. There are number of vertical hillocks strips between adjacent mines and observed to be risky to fall.
12. Environment Clearances (ECs) were granted by DEIAA (District Level Environment Assessment Authority) between 2016 to 2018. Since the area of projects are less than 5 ha. ECs are granted in cluster form and conditions are to be complied by every project proponent as observed in earlier site visit by the committee, IRO-Jaipur has reported that no six monthly compliance status has been submitted in respect of ECs. Also, during field visit, it was observed that garland drain, setting tanks, air quality stations were not provided. Some PPs have provided rainwater harvesting structure and connected with rooftop of their respective office. Lessee have developed green belt on Khasra No. 812/327 and 814/30 (Total Area 3.94562 hectare), Village Randhisar.
13. Earlier committee has observed that Randhirsar Pahari is not part of Aravalli range.
14. It is to be noted that currently Pahari has BSNL tower and Mata temple which is the highest. Mining operation has been done on smaller hillocks/slopes on Randhirsar Pahari
15. The slopes of randhirsar Pahari & its hillocks been mined out. It was observed the mining was carried out deep below surface level of the area.
16. While conducting site visit, committee members also visited the Randhisar Mata Temple. From there, it was seen that there was smaller peaks on the slopes of main Pahari which have been mined out, however total number of such mined hillocks/peaks could not be ascertained.
17. All mining lease has been cancelled by State Government after the Hon'ble NGT order. Regarding objection of forest O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan & Ors.
-5-department for stopping mining in the area, it is to be noted that as all mining leases have been cancelled.
18. Illegal and excessive mining may be determined by State Mining Department through constant vigil the fine/penalty may be levied.
19. Also, the State Department of Mines and Geology is the nodal authority in the State for dealing with the allotment of mining leases under the Mines and Minerals (Development and Regulation) Act (MMDR Act) and is entrusted with the enforcement and regulation of mining operations in a State including illegal mining. Further, the State Government is empowered under Section 23 C of the Mines and Minerals (Development and Regulation) Act 1957(MMDR Act) to make rules for prevention of illegal mining, transportation and storage of minerals and the State Department of Mines & Geology is the nodal authority in the state for dealing with the allotment of mining leases under the MMDR Act and is entrusted with the enforcement and regulation of mining operations in a state.
20. One unpaved path between the mines which leads to join the steps used for reaching Randhisar Mata Temple. It can be observed that during blasting this pathway could not be accessed for going to temple. No fencing/barricading has been done along this pathway.
21. Locals stated that there are impacts of vibration near the Samadhi during blasting. However, it could not be ascertained since there was no mining activity during site visit. and no cracks were observed during the visit at Bholenathji ki Samadhi, which is at the foothill of Randhisar Hill.
22. Further, committee visited the site identified by project proponent and RSPCB to develop the greenbelt (area of about 4ha). Different species of trees have been planted and observed to be in nascent stage.
23. Meeting with the petitioner Shri Megh Singh was held in the premises of Randhisar Mataji Temple. The petitioner raised the issue of illegal mining and destruction of hillocks and pathway to the temple. The issue of safety due to unplanned/haphazard mining and pollution due to stone crushers was raised.
24. The project also involved 58.8428 ha of forest land for mining. MoEF&CC vide its letter dated 20th June, 2011 granted renewal of diversion of 58.8428 ha (originally 59.748 ha) of forest land for mining of masonary stone in favour of 40 (originally proposed 42) leaseholders in Randhisar hill forest block in Churu District.
Field Observations of the Joint Committee in respect of stone crushers:-
O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan & Ors.-6-
1. All 45 Stone crushers in the area have valid CTO and at present, crushers are nonoperational due to non-availablity of raw material. During previous joint inspection dated 06/06/2022 and 07/06/2022, 08 crushers were found operative without adequate pollution control measures. EC has been imposed by RSPCB on all 08 crushers which were found in non-compliance, out of which 03 Nos. of crushers have deposited their prenalty (Annexure-I).
2. The area is dominated by around 45 number of Stone Crushers which have mushroomed without any proper layout/planning.
Stone crushes have demarcated eirboundary with wire fencing.
3. All the roads passing between these crushers are unpaved and one of the major source of dust emission. There is no tree plantation all along the periphery of stone crushers but lessee have developed green belt on Khasra No. 812/327 and 814/30 (Total Area 3.94562 hectare), Village Randhisar. Common roads are also being used by the crushers for mined out material transportation. It was observed during the site visit that crushed stones were lying on the common roads.
4. Crushers in cluster without green belt were the major potential source of air and noise pollution in the area.
5. All the road shall be paved for transportation of material by owners of crushers to reduce the dust emission. Permanent water sprinklers along with periphery of crushers boundary and on the road shall be deployed.
6. The area is dominated by cluster of crushers with sufficient area for tree plantation which is leading to dust pollution. Crushers owners shall do peripheral tree plantation to mitigate dust and noise pollution. No material shall be stored on roads and crushed stone (output material) loading in trucks shall be done in the boundary of crushers plant.
7. Stone crushers all around the Randhisar Pahari are operative.
All have obtained consent from State Pollution Control Board. But some of the crushers don't have sufficient buffer zone and wind breaking walls, thus being a potential source for fugitive dust emissions.
Observations of previous Committee:-
1. Randhisar Pahari of village Randhisar, Tehsil- Sujangarh District-Churu is not a part of Aravali range as stated in Secretary, Mines and Petroleum Department, Jaipur letter dated 19.08.2003 and Directorate of Mines and Geology, Udaipur letter dated 25.11.2011.
2. As per the revenue record, Randhisar Pahari is located in Khasra No. 536/319, 78 and 370 of village- Randhisar Tehsil-
Sujangarh District- Churu, the area of which is 68.61 hectares. The mining leases are allotted by the Mining department in the Randhisar Pahari area. As per the revenue officer reports, only Randhisar Pahari has been located, no other hill is located O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan & Ors.
-7-within the radius of 20km of Randhisar Pahari. Only one revenue village Randhisar is located within the radius of 1 km of Randhisar Pahari. No other village is situated within the radius of 1 km of village Randhisar.
3. As per the Rajasthan Revenue Department order dated 16.10.1981, the land area of Randhisar Pahari was transferred to Forest Department. Due to which mutation of the above 42 mining leases in the revenue record was made in the name of the forest department dated 11.01. 1986. The forest diversion of 41 leases was permitted by Ministry of Environment and Forest, Govt. of India vide order dated 16.08.1999 for a period of 10 years. The remaining one mining lease, M.L. No. 11/1978 was not permitted forest diversion since no application was made by its lease holder. The duration of forest diversion was applicable upto 15.08.2009, thereafter mining operation was terminated by Mining Department immediately.
4. The renewal of 40 mining leases for forest diversion has been done by Ministry of Environment and Forest, Govt. of India vide order dated 20.06.2011 for a period equivalent to the validity period of mining lease or maximum for a period of 20 years. A renewal application of one M.L. No. 06/1998 was rejected by Mining Engineer; Bikaner vide order dated 12.08.2010.
5. Surveys were conducted during the year 2000 for the verification of the complaints received from 03.07.2000 to 07.07.2000, wherein it was found that 38 mining lease holders were carrying out mining activity beyond permitted mining area. A penalty of Rs. 8,65,20,000/- was imposed on the 38 mining lease holders.
6. Out of 38 violaters, 25 mining lease holders deposited an amount of Rs. 4,26, 26,500/-. Mining activities in the remaining 13 violater mining leases was terminated and issuance of ravanas of the same was also discontinued. The mining activity in these 13 mining leases has been abandoned till date.
7. Verification of illegal mining was reconducted in the year 2012, in which 33 mining lease violaters were found. Penalty of Rs. 25,57,18,200/- was imposed on these violaters. 18 out of 33 violaters deposited an amount of Rs. 11,11,66, 503/-. The remaining 15 mining leases were closed and issuance of ravanas of the same has been discontinued till date.
8. Further, in the year 2021-22, a survey of 19 mining leases was jointly conducted by Forest Department, Churu and Mining Department, Churu, during which 10 mining lease holders were found as violaters and penalty of Rs. 79,96,800/- was imposed and mining activities in these leases were suspended from 01.06.2022.
9. Therefore, a total of Rs. 35,02,35,000/- (Rs. 8,65,20,000 + Rs.
25,57,18,200 + Rs. 79,96,800) has been imposed as penalty of illegal mining carried out in randhisar. A recovery of Rs. 15,37,93003/- (Rs. 4,26, 26,500 + Rs. 11,11,66, 503) has been made by Mining Department, Churu. Mining activity in the O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan & Ors.
-8-mining leases which have not deposited penalty has been closed till date.
10. Verification of mining leases in compliance to the Hon'ble NGT, Principal Bench order dated 22.04.2022 was conducted on 06.06.2022 and 07.06.2022. It was observed that mining activities were being carried out in 14 mining leases. Mining activity in 25 mining leases from which recovery of penalty for illegal mining was due, were found stopped.
11. In the report of District Forest Officer, Churu dated 17.06.2022, it has been suggested that there should be a demarcation of dumping area, approach road, labour huts and green belt in between two adjacently located mining leases so as to restrict illegal mining activities. It has also been advised to provide GPS locations of all mining leases with demarcation of approach road, Labour huts, dumping area and green belt to Forest Department to monitor illegal activities in mining area. District Forest Officer, Churu has also suggested that the vacant land in between adjacent mining leases was forest land where there was neither natural plantation nor a possibility of afforestation, therefore, such land areas may be transfered to Mining Department and instead, land in some other area may be allotted to Forest Department for afforestation (Forest land Diversion) as per norms.
Conclusions / Point wise ATR / Status:-
Sl. Points as per Hon'ble NGT Factual Status No. order dt. 22.08.2022 1 Whether mining is being Mining activities have been carried done only by the persons in out since 1973. Mining activities whose favour the lease has have been stopped as per directions been granted and whether of Hon'ble Court, which was also any mining lease has been verified at the time of inspection of sublet or is being operated the Committee.
by any person other than the lessee.
2 Whether mining leases of the defaulters have been temporary closed or have been surrendered/cancelled and permanently closed and whether any mining closure plan has been implemented.
3 Whether any safety zone With regard to safety zone area (7.5 area (7.5 meters strip) has mtr strips) the gaps between mine is been fenced, protected and less than 7.5 mts. Also, the fencing regenerated along the outer along the boundary of each mine boundary of the combined was not beinbg done properly. Only mining lease area. one mine having very large depth was partialy fenced. The safety zone (less than 7.5 mts) was observed to be used as pathway.
There are number of vertical hillocks strips used as barrier between two mines and observed to be risky to fall.
4 Whether any proceedings Cases of illegal mining were O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan & Ors.
-9-have been initiated for recorded and action against the imposition of any defaulters was taken by the Mines environmental compensation Department. Penalties have been on any of the defaulter imposed on the defaulters and lessee or stone crusher. recovery of the same has also been made. Mining leases which have not deposited penalty amount have been closed.
Illegal and excessive mining may be determined by State Mining Department through constant vigil the fine/penalty may be levied and RSPCB may do Damage Assessment as Environmental Compensation and remediation measures shall be assessed by SEIAA or by State Pollution Control Board. All the activities to be proposed for remedition shall be taken around the nearby villages (eg. 2-5 km buffer area) To avoid any fatality in future, fencing, reclaiming and filling of the steepest mine void ie.lease area-
16/88-1019/2022 needs to be done.
5 Compliance status of mining It is not clear from the documents leases with respect to made available to the team as to consent conditions and which depth the mining was environmental norms allowed.
With regard to safety zone area (7.5 mtr strips) the gap between mine is less than 7.5 mts. Also, the fencing along the boundary of each mine was not been done properly. Only one mine having higher depth is partially fenced. The gaps (less than 7.5 mts) are observed to be used as pathway. There are number of vertical hillocks strips between adjacent mines and observed to be risky to fall.
Six monthly compliance report alongwith all the necessary supporting documents are not been submitted/uploaded regularly on Parivesh portal. "
2. Vide order dated 22.08.2022, the Chief Secretary, State of Rajasthan was directed to look into the matter of recovery of penalty amounts, issue appropriate directions and submit Action Taken Report;
PCCF, Rajasthan was directed to file comprehensive report regarding O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan & Ors.
-10-compensatory afforestation; the Director, Department of Mines and Geology, Rajasthan and State PCB were directed to submit further action taken report; and the Director, Department of Mines and Geology, Rajasthan and State PCB and the District Magistrate, Churu were also directed to file replies as specified in the above said order. However, no report has been filed by the Chief Secretary, Government of Rajasthan, PCCF, Rajasthan, the Director, Department of Mines and Geology, Rajasthan and State PCB and specific replies have also not been filed by the Director, Department of Mines and Geology, Rajasthan and State PCB and the District Magistrate, Churu.
3. Action Taken Reports/replies, as directed, be filed in terms of above said order within one month by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
4. The Director, Department of Mines and Geology, Government of Rajasthan is directed to give complete details in his reply in tabular form regarding all the mining leases with particulars of mining lease holders for both the periods (1971 to 2009 and 2011 onwards) and respective dates of lease agreement, inspection, imposition of Environmental Compensation, if any, and abandonment/cancellation of the lease in respect of each of the mining lessees.
5. The District Magistrate, Churu, is also directed to mention in his reply the details regarding name of mining lease holder, respective dates of lease agreement, inspection, imposition and realization of Environment Compensation and status of recovery proceedings in respect of each of the defaulting mining lessees.
6. List the matter for further consideration on 03.04.2023. O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan & Ors.
-11-7. A copy of this order be sent to the Chief Secretary, Government of Rajasthan, PCCF, Government of Rajasthan, the Director-Department of Mines and Geology, Government of Rajasthan, the State PCB and the District Magistrate, Churu by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 23 2023 AVT