National Green Tribunal
Shiv Singh vs State Of Rajasthan on 1 November, 2022
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 432/2021
Shiv Singh Applicant
Versus
State of Rajasthan Respondent
Date of hearing: 01.11.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondent: Mr. Nishant Awana, Advocate for RSPCB.
Application is registered based on a Letter Petition received by Post.
ORDER
1. Grievance in this application is regarding mining in the name of J.M. Mines by one Mr. Bunti Jain at the border of Gram Panchayat Kukarkheda, Bhilwara in violation of the environmental norms.
2. Vide order dated 27.01.2022, this Tribunal constituted a Joint Committee and directed the same to submit factual and action taken report within three months.
3. In compliance thereof, the report of the Joint Committee has been filed by Mr. Anurag Yadav, Regional Officer, RPCB, Rajsamand vide letter dated 02.09.2022 through email dated 13.09.2022.
4. In view of the averments in the application and observations in the report of the Joint Committee, we consider it appropriate to have response of (1) State of Rajasthan through Chief Secretary, Government of Rajasthan, (2) Director, Mines and Geology, State of Rajasthan, (3) Rajasthan State PCB, (4) District Magistrate, Bhilwara and (5) the Project Proponent- M/s Gem Granites, ML No. 22/2014, Area-3.0 hect., Near O.A No. 432/2021 Shiv Singh Vs State of Rajasthan 2 Village- Kuker Kheda, Tehsil-Bhim, District Rajsamand who stand impleaded as respondents No. 1 to 5. The Registry is directed to prepare and attach memo of parties to the application and issue notices to the respondents requiring them to file their reply/response within two months at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
5. Notice be served on Project Proponent- M/s Gem Granites through the District Magistrate, Bhilwara and for this purpose notice issued to the Project Proponent be sent to the District Magistrate, Bhilwara by E-mail for getting service of the same effected on it and sending his report in this regard.
6. Mr. Nishant Awana, Advocate accepts notice on behalf of the State PCB and seeks time to file reply/response on behalf of State PCB. Reply/response on behalf of State PCB be file within two months as directed above.
7. In view of the observations in the report of the Joint Committee, the State PCB is directed to take appropriate remedial action by following due process of law and giving opportunity of being heard to the Project Proponent and submit its Action Taken Report within two months at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
8. List the matter for further consideration on 08.02.2023.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM November 01, 2022 AG