National Green Tribunal
Braj Raj Singh vs Department Of Housing And Environment on 4 April, 2022
Item No.9
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 88/2021
Braj Raj Singh Applicant (s)
Versus
Department of Housing and Environment Respondent(s)
Date of hearing: 04.04. 2022
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD EXPERT MEMBER
For Applicant (s): Mr. Dharamvir Sharma, Adv.
For Respondent(s) : Mr. Abhijeet Singh, Adv.
ORDER
1. Issue raised in this application is illegal mining around Sonchiraiya Sanctuary situated in Ghatigaon in District Gwalior wherein using heavy machinery, sand mafia and persons, who are involved in mining are not only destroying the environment but also damaging the revenue of the State and involved in cutting of the trees.
2. The Applicant has referred to the report of the Forest Officer dated 08.01.2021, wherein the matter was reported to Superintendant of Police for taking legal action to stop the illegal transportation and mining of marble and further to establish police chokies in Lakhanpura Village so that the illegal mining could be stopped. The matter as alleged and argued in the Tribunal is serious in nature. 1
3. The matter was taken up by this Tribunal on 10.12.2021 and a committee consisting of (i) District Collector, Gwalior (ii) Divisional Forest Officer Gwalior (iii) Superintendant of Police (City) Gwalior (iv) one representative of Pollution Control Board was constituted with a direction to submit factual and action taken report. The committee visited the site and submitted the report with the observations, which are as follows :
"1. It is submitted that no mining / quarry lease has been granted to any person or firm by Collector (Mining) Gwalior in and adjoin to Sonchiraiya sanctuary area.
2. Village Jakhoda is situated adjoin to Sonchiraiya sanctuary. In previous time flag stone quarries were in operation in Village Jakhoda, Tehsil Ghatigaon, District Gwalior since year 2020 with due leases from Collector (Mining) Gwalior. At present all these quarries are non operational since quarry leases are not renewed by Collector Gwalior.
3. The Joint Committee has visited the Village Jakhoda, Tehsil Ghatigaon, District Gwalior. It was observed that no mining activity was carried out in the old mines area of Jakhoda Village on the day of inspection dated 10.01.2022.
4. Photographs taken during inspection of Jakhoda Village non operational mines area are enclosed.
5. The Joint Committee also visited the Villages Londupura, Tilawali (Kalatoda), Dandakhidak (Khandi Nala) situated inside and adjoin to Sonchiraiya sanctuary but within forest area. It was observed that :-
Whole area is rocky terrain where flag stone is available in abundance on surface.
Mine pits were seen at these villages. No live mining activity was seen there but presence of these pits revealed that some illegal mining activities has been carried out there.
In Village Londupura & Dandakhidak some finished pieces of flag stone were seen inside illegal pits created there by some persons. Which indicate that mining would have been carried out there. Forest Department staff available with the team destroyed the finished flag stone pieces by hammering operation.
Forest department officials available with team informed that number of illegal mining pits are created by local villagers supported by mafia for illegal flag stone mining. Flag stone mining is carried out manually by using hand tools only. No heavy machinery is required in flag stone mining. Only to remove over burden heavy machinery could be used occasionally. Forest department regularly have vigil over such activities and take 2 action as and when such illegal mining and transportation activities found within forest/sanctuary area.
The Mining Department Gwalior and Police Department also take action against illegal mining and transportation when found to them.
Photographs taken during inspection of quarry pits situated in villages Londupura, Tilawali (Kalatoda), Dandakhidak (Khandi Nala) are enclosed.
B) FACTUAL STATUS OF THE MAJOR ISSUES RAISED IN PETITION ON WHITCH STATUS REPORT SOUGHT BY HON'BLE NGT THROUGH ORDER DATED 10.12.2021 On the basis of observation made by Joint Committee, the factual status against the issues raised in petition on which status report sought by Hon'ble NGT through order dated 10.12.2021 is summarized as below:-
S.N. Details of Issues Factual Status
1 Illegal mining is carried out No mine is sanctioned in
around Sonchiraiys Sanctuary and around Sonchiraiysa
situated in Ghatigaon in Sanctuary by Collector
District Gwalior wherein using (Mining) Gwalior. Flag stone heavy machineries, sand is abundantly available on mafia and persons who are surface in the area.
involved in mining are not Episodes of illegal mining only destroying the are happened there which environment but also is reflected from presence of damaging the revenue of the illegal pits in and around state and involved in cutting the sanctuary area in and of trees. around the sanctuary area.
As per Forest Department
official at present 32
villages are situated within
sanctuary area and 23
villages situated in
adjoining area. Due to this
the whole sanctuary area is
sensitive for illegal mining
since decades. Forest
Department, Police
Department and Mining
Department of Gwalior
continuously keep vigil on
such activities and taking -
action against persons
involved in illegal mining
and transportation. No
signage of use of heavy
machinery was seen during
visit by committee. On
inspection of illegal mining
pits of area it was observed
that flag stone is carried
out manually by using
hand tools only.
3
2 As per Forest Officer report Police choukey is not
dated 08.01.2021 the matter established at Lakhanpura
was reported to the as yet. As per Police official
Superintendent of Police for there are three Police
taking legal action to stop the stations namely Ghatigaon, illegal transportation and Bhawarpura and Tighra mining of marble and further already established around to establish Police Chokies in Sonchiraiya sanctuary area Lakhanpura Village so that and whole sanctuary area the illegal mining could be falls under the jurisdiction stopped. of these three Police stations. So there is no need of establishing any additional Police Choukey in Lakhanpura. Police force is provided to Forest Department and Mining Department on their demand time to time.
(C) ACTION TAKEN REPORT:-
1. There is no mining activity seen at old flag stone mine area in Village Jakhoda situated around the sanctuary. Mining activities have been stopped here completely in year 2020 and no mining lease renewal has been granted to any quarry of the area by Collector (Mining) Gwalior for further period. Old over Burdon dumps, storage of broken stones and number of excavated pits were seen there on old mines area.
2. Joint Committee called upon the action taken report from Police Station Ghatigaon, Forest Department and Mining Department regarding the action taken to stop illegal mining and transportation of flag stone from Sonchiraiya sanctuary and adjoining area. Reports received from these departments are enclosed.
4. Respondent No. 1, 2 & 4 have filed the reply with the fact that Sonchiraiya is one of the 25th Sanctuary of Madhya Pradesh having two forest ranges within the periphery of sanctuary viz Game Range Ghatigaon & Game Range Tighra. The Eco Sensitive Zone (ESZ) of the sanctuary is already notified by Government of India, MoEF & CC vide notification dated 13.12.2016. In the said notification, the commercial mining, stone quarrying and crushing units are prohibited. The illegal mining done by the person by utilizing heavy earth moving machineries to remove the overburden for winning the mineral which was reported to the answering respondent no. 4 and the forest officials immediately carried out inspection within the sanctuary and seized the JCB 4 machines. The report submitted by the Superintendant reveals as follows :
1 Reported cases of Offences under Forest Act 384 2 Reported cases of stone crushing 384 sq. mt.
3 Seizer of instrument 2124 4 Seizer of vehicles 24 5 Known cases for illegal mining 80 6 Unknown cases of illegal mining 316
5. It has further been submitted by the department that the matter with regard to the illegal mining, stone crushing was filed before the Hon'ble High Court at Gwalior Bench vide Writ Petition No. 9122/2012 which was decided on 21.07.2015 and in compliance of the order passed by the Hon'ble High Court the authorities are regularly monitoring and monitoring report with the action taken against the illegal mining are being regularly sent to the Hon'ble High Court. Learned Counsel appearing for the applicant has submitted that the Progressive Mining Closure Plan under section 45 of the MMRC, 1996 has not been implemented and the report submitted by the department of Forest with regard to establishment of Police Chokies in the area to control the illegal operation and transportation of the mineral from sanctuary is need of the time and should be implemented.
6. In accordance with the above submissions, we are of the view that there should be total control on the illegal mining within the area. Since the matter is monitored by the Hon'ble High Court thus the periodical report should be submitted according to the direction of the Hon'ble High Court and shall be strictly complied with. We leave it to the authorities concerned of the State Government to consider the recommendations of the Forest Department for creation of the Police Chowkey in the area for 5 proper vigil towards the activities of the illegal operation and transportation of Minor Mineral from the Sanctuary.
Original Application No. 88 of 2021 (CZ) stands disposed of accordingly.
Sheo Kumar Singh, JM Arun Kumar Tyagi, JM Dr. Arun Kumar Verma, EM Dr. Afroz Ahmad,EM 04th April 2022 O.A. No. 88/2021 (CZ) K 6