National Green Tribunal
Rajendra Tiwari vs Union Of India Through The Secretary ... on 1 May, 2024
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.103/2024(CZ)
Rajendra Tiwari Applicant(s)
Vs
Union of India & Ors. Respondent(s)
Date of Hearing: 01.05.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant (s): Mr. Vaibhav Pancholy, Adv. with
Mr. Rajendra Tiwari- in person
For Respondent(s) :
ORDER
1. Issue raised in this application is violation of mandatory provisions of Forest Conservation Act, 1980 and inaction of respondents qua protection and preservation of reserved forest and protected forest land of Critical Tiger Habitant of Sariska Tiger Reserve/Sariska Wildlife Sanctuary (Sariska National Park) and also against violations of the Air (Prevention And Control of Pollution) Act, 1981 and The Water (Prevention and Control of Pollution) Act, 1974 and that reserved/protected forest land of villages coming within the periphery of Critical Tiger Habitant of Sariska Tiger Reserve/Sariska Wildlife Sanctuary (Sariska National Park) has not been recorded in the name of forest department rather same is still there in the name pf revenue department and large area of reserved/protected forest land was not got recorded in the name of forest department and subsequently many mining leases were issued upon reserved/protected forest land assuming the same to be the revenue land and at present many mining leases, hotels, resorts and other commercial establishments are in 1 operation upon reserved/protected forest land of Critical Tiger Habitant which has not been recorded in the name of forest department despite of having record of these lands in the notifications of Critical Tiger Habitant and Sariska Tiger Reserve/Sariska Wildlife Sanctuary (Sariska National Park)
2. The contention of the applicant is that Area of Sariska got declared to be reserved forest vide notification dated 07/11/1955 and boundaries of reserved forest area got decided by virtue of said notification and that Sariska Wildlife Sanctuary had come into existence vide notification dated 05/08/1958 issued by Revenue Department of Government of Rajasthan and at the same time boundaries of said Wildlife Santuary were decided and that Area of Sariska was given the status of a tiger reserve making it a part of India's Project Tiger in 1978 and said area of Sariska came to be declared as Sariska National Park vide notification dated 27/08/1982 issued by State Government and subsequently Critical Tiger Habitant of Sariska Tiger Reserve was declared vide gazette notification dated 28/12/2007 and total 84 forest blocks were included in critical tiger habitant of Sariska Tiger Reserve and the block-wise/village wise area of reserved forest and protected forest land was also mentioned and thus total 88111.24 Hectare area was notified for critical tiger habitant of Sariska Tiger Reserve.
3. It is further contended that due to illegal activities operating by some private players, the flora and fauna as well as eco system, food chain and environment of sanctuary area is badly affected. It is further submitted that if all such illegal activities are not prevented and properly regulated as per law and rules by the Forest Department, the entire sanctuary area and surrounding area and its natural system of flora and fauna would get collapsed and destroyed. If the said area is being destroyed in anyway then there will be irreparable loss to 2 environment and nature which could not be redressed in its natural way.
4. A substantial issue of environment has been raised. Issue notice to the respondents. Returnable within four weeks.
3. Applicant is directed to take necessary steps for service to the respondents by both ways and also on available email.
4. Respondents are directed to submit their reply within six weeks through e-filing portal, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
5. We deem it just and proper to call a report on the matter in issue, in present application, from a Joint Committee consisting of:-
(i) One representative from the Secretary, Ministry of Environment Forest and Climate Change, Zonal Head Quarter at Bhopal.
(ii) One representative from the Additional Chief Secretary of Forest and Wildlife, Government of Rajasthan, Jaipur (Rajasthan)
(iii) One Representative from the Collector, District Alwar(Rajasthan)
(iv) One Representative from the Principal Chief Conservator of Forest cum Chief Wildlife Warden, Forest Department, Government of Rajasthan(Rajasthan)
(v) One Representative from the Member Secretary, Rajasthan State Pollution Control Board, Jaipur (Rajasthan)
6. The Committee is further directed to examine the matter that the area notified has not been still recorded in the name of the Forest Department in spite of the fact that in some of the cases State Government has issued the notification authorizing the Collector and the Forest Department to do the needful according to the rules. Due to noncompliance of the state notification various illegal activities and minings are being done in violation of environmental rules and such matter was reported and was taken in cognizance by this Tribunal in O.A No. 154/2020 and vide order dated 28.01.2022 the Tribunal found that a forest guard was moved down by a tractor belonging to suspected mining mafia inside Sariska Tiger reserve when he attempted to stop them along with his colleagues. The guard was rushed to a hospital where he succumbed to injuries. It was further observed that there was failure of oversight regulatory mechanism in 3 enforcing provision of the Wildlife (Protection) Act, 1972 and Sustainable Sand Mining Guidelines, 2020. It was further found that illegal minings are still continuing even without requisite consent as reported by the DCF, Sariska Tiger Reserve, Rajasthan. This Tribunal while passing the order dated 28.01.2022 in O.A NO. 154/2020 observed as follows :
"8. Further, the extract from the report shows that EC has been granted by SEIAA/DEIAA in respect of mining leases within 10 kms of ESZ. As per general condition appended to the EIA Notification dated 14.09.2006, if the area is within 10 km of the ESZ, EC can be granted only as per procedure applicable to category 'A' projects. The said general condition is reproduced below:.
"General Condition (GC):
Any project or activity specified in Category 'B' will be treated as Category 'A', if located in whole or in part within 10 km from the boundary of:................... (iii) Eco-sensitive areas as notified under section 3 of the Environment (Protection) Act, 1986, such as, ........................
......................................................................."
9. In view of above, only valid EC for grant of mining, which is a mandatory condition for permitting such activity, can be in accordance with the EC by the MoEF&CC and not by SEIAA/DEIAA who are not authorised to deal with projects of A category nor State Board can grant consent based on such EC. Any such EC/consent already granted will have to be treated as void and any illegal mining conducted without valid EC/Consent has to be visited with the adverse consequences, following due process of law. The compensation for illegal mining needs to be assessed and recovered which, according to directions of the Hon'ble Supreme Court in Common Cause Vs. UoI & Ors., 2 has to be 100% of the value of the mined material in view of provisions of Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957. Further, as laid down by the Hon'ble Supreme Court in Jayant vs The State of Madhya Pradesh, (2021) 2 SCC 670, apart from illegal mining being dealt with as per mining and environmental laws, the same has to be dealt with as an offence of theft under IPC. We also note that as per provisions of the PMLA Act, 2002, proceeds of activity in violation of environmental laws, specified in the Schedule to the said Act, amount to offence under Section 3 of the said Act for which action has to be taken by ED against violators and facilitators, including concerned authorities permitting illegality.
7. In view of the above facts the committee may also consider to take appropriate action in order to record reserved/protected forest land in the name of forest department in revenue records as per notification 4 issued by State Government and further to stop all illegal activities in violation of Forest Act in Sariska Tiger reserve.
8. Applicant is directed to supply the required documents and copy of the application to the committee and respondents within a week and after compliance of service, the applicant has to submit an affidavit that the notice and copy of the application have been served on the committee and respondents.
9. The report in the matter be filed by the Committee through email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
List it on 4th July, 2024.
1. Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 1st May, 2024 O.A. No. 103/2024(CZ) K 5