National Green Tribunal
Megh Singh & Ors vs State Of Rajasthan on 22 August, 2022
Item No.01 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.209/2022
Megh Singh & Ors. ...Applicants
Versus
State of Rajasthan ...Respondent
Date of hearing: 22.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondents: Mr. Nishant Awana, Advocate for Rajasthan PCB.
Mr. Saurabh Rajpal along with Mr. Ankit Shah, Advocates
for Phadi Randhisar Khanan and Kreshar Vikas
Prabhandh Samiti.
Application is registered based on a complaint received by E-mail.
ORDER
1. The applicant is, by sending the present letter petition to this Tribunal, seeking protection of the remaining part of Randhisar Pahari, Tehsil - Sujangadh, District- Churu, Rajasthan. It is stated that above said Pahari, being part of Arawali Range, was providing environmental cover to the area of 10 village panchayats for retaining monsoon ensuring rainfall. The above said Pahari is at the verge of extinction due to Illegal mining. Surrounding 8- 10 hillocks have already disappeared due to unsustainable mining. It is further stated that the mining agreement for the period of 10 years permitting mining in the area had expired on 15.10.2009 and due to objection by the Forest Department, mining in the area was stopped by the Mining Department. Thereafter, the Mining Mafia succeeded in getting the 20 years mining leases w.e.f 20.06.2011. It is complained that the lessees have carried out the mining in utter violation of the lease conditions. Mining has O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -2- been done so unscientifically by straight cutting Randhisar Pahari to the depth of 250-500 feet that remaining part of Randhisar Pahari may fall at any time causing such human disaster as occurred in Maharangarh Durg Jodhpur stampede and Bhopal Gas leakage. Illegal and excessive unsustainable mining is destroying ecology of Randhisar Pahari, a part of Arawali range, endangering the lives of inhabitants and future generations. The applicant has given the list of firms/persons carrying on mining activities and list of stone crushers operating in the area and also enclosed photographs of alleged illegal mining.
2. It is now well settled that this Tribunal is empowered to take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 'Suo Moto' as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897. This Tribunal can also take cognizance of such cases on the basis of letter petitions in accordance with settled principles of law governing the public interest litigation.
3. Accordingly, this Tribunal, vide order dated 22.04.2022, took cognizance and constituted a Joint Committee comprising of Chief Conservator of Forests, Regional Office, MoEFF & CC, Lucknow (Uttar Pradesh) representative of State PCB, Director, Department of Mines and Geology, Government of Rajasthan, and District Magistrate, Churu District and directed the same to submit Factual and Action taken Report within two months. The relevant part of the order is reproduced below:
"In view of the serious allegations made in the letter Petition, we are of the considered view that it would be appropriate to have a factual and action taken report in the matter. Accordingly, we constitute a Joint Committee comprising of Chief Conservator of Forests, Regional Office, MoEFF & CC, Lucknow, Uttar Pradesh representative of State PCB, Director, Department of Mines and Geology, Government of Rajasthan, and District Magistrate, Churu O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -3- District. The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks, undertake site visits, look into the grievances of the applicants and take requisite action by following due process of law. Factual and action taken report may be furnished within two months by e-mail at [email protected] in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF."
4. In compliance thereof, the Joint Committee visited the site on 06.06.2022 and 07.06.2022 and has submitted report vide email dated 27.06.2022. The relevant part of the report reads as under:-
"X X X X X X In compliance of the Hon'ble National Green Tribunal (NGT) Central Bench, Bhopal order dated 22.04.2022, in the matter of original application No. 209/2022, Megh Singh & Others Versus State of Rajasthan and Others, the committee of following 04 members visited the site i.e. Randhisar Pahari, Tehsil- Sujangarh, District- Churu on 06.06.2022 to record the factual situation and actions required to be taken:
1. Shri Bhagirath Shakh, Additional District Collector, Sujangarh, District-Churu (Raj.)
2. Shri Mahesh Dutt Purohit, Deputy Director(S)/Scientist 'C', MoEF&CC IRO Jaipur
3. Shri Bheem Singh, Superintending Mining Engineer, Bikaner (Raj.)
4. Shri Deepak Tanwar, EE & Regional Officer, RSPCB, Nagaur (Nodal Officer) As per the order of Hon'ble NGT, the committee verified the factual status on these following issues: -
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.
O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -4-
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.
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:-
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.
Mining activities in Randhisar Pahari area was permitted by Govt. of India vide order dated 20.06.2011. The compensatory plantation was carried out by ACF, Bikaner in accordance to District Collector, Churu letter dated 18.02.1999 on the non lease area allotted to Forest Department. Plantation was done under CDP Phase-I scheme (SDS scheme) for the area of 35 hectares of land in the year 2001-02 in the revenue village of Ponrrasar, Tehsil- Shri Dungargarh, District- Bikaner and 28 hectares of plantation was carried out under Afforestation Scheme in the year 2002-03. [Annexure-1].
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 all around the Randhisar Pahari. As per the revenue officer reports, only one hill i.e. Randhisar Pahari has been located, no other hill is located within the radius of 20km of Randhisar Pahari, only village viz.
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 [Annexure-2]. The average rainfall recorded in the period of past 10 years is 495.1 MM [Annexure-3].
As per the report of Assistant Mining Engineer, Department of Mines and Geology, Churu dated 15.06.2022 [Annexure- 4], 42 mining leases all around the Randhisar Pahari were allotted as mining lease to the lease holders during the year O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -5- 1973 to 1981. 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 on 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 left 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. The renewal of 40 mining leases for forest diversion was 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 M.L. No. 06/1998 was rejected by Mining Engineer, Bikaner vide order dated 12.08.2010.
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. Out of 38 defaulters, 25 mining lease holders deposited an amount of Rs. 4,26, 26,500/-. Mining activities in the remaining 13 defaulter mining leases was terminated and issuance of ravanas of the same was also discontinued. The mining activity in these 13 defaulter mining leases has been abandoned till date. Verification of illegal mining was reconducted in the year 2012, in which 33 mining lease holders were found defaulters. Penalty of Rs. 25,57,18,200/- was imposed on defaulters. 18 out of 33 defaulters deposited an amount of Rs. 11,11,66, 503/- . The remaining 15 mining leases are closed and issuance of ravanas of the same has been discontinued till date.
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 defaulters and penalty of Rs. 79,96,800/- was imposed and mining activities in these leases were suspended from 01.06.2022.
Therefore, a total of Rs. 35,02,35,000/-has been imposed as penalty of illegal mining carried out in randhisar. A recovery of Rs. 15,37,93003/- has been made by Mining Department, Churu. Mining activity in the mining leases which have not deposited penalty has been closed till date [Annexure-4].
O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -6- 42 mining leases were allotted in the foothills of Randhisar Pahari during the period from1973 to1981. The minimum area of these mining leases is about 900sqm whereas the maximum area is about 6000sqm. As the area of these mining leases is very less, mining has been carried out downwards from surface level i.e. into the depth of mine pit and the same has reached upto 200ft above ground (surface) level. 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 Mines Managers who have obtained permission from Director of Mines Safety, Ajmer [Annexure-4].
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 carried out in 14 mining leases. Mining activity in 25 mining leases from which recovery of penalty for illegal mining is due, were found completely stopped. During verification, it was also observed that no mine manager was available on site and mining activities were not found as per procedure of the mining plan. Notices have been issued to such mining lease holders.
Almost all of the mining leases have provided wire fencing/permanent wall, lease pillars, sign boards and plantation as per conditions of mining lease agreement Rajasthan Minor Mineral Concession Rules, 2017.
As per 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 also suggested that the vacant land in between adjacent mining leases is forest land where there is neither natural plantation nor a possibility of afforestation, therefore, such land areas should be surrendered to Mining Department and land in some other area should be allotted to Forest Department for afforestation (Forest land Diversion) as per norms [Annexure-5].
With reference to status of compliance of environmental clearance conditions it was observed that the mining cluster is having 42 number of mining leases, out of which 14 mining leases have been reported as operational. All the leases have accorded environmental clearance, however, none of the lessees has submitted regular six O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -7- monthly compliance report. All the leases in the cluster are less than 1 hectare due to which adequate benches are not being formed. No details with references to ESR/CSR, rain water harvesting structures etc. has been submitted by any of the lessee. Although some efforts have been made for plantation in and around the lease area, scope of further plantation is there.
Verification of stone crushers located on foothills of Randhisar Pahari was conducted on dated 06.06.2022 and 07.06.2022. Out of the 51 stone crushers located in the foothills of Randhisar Pahari, 06 were found dismantled during verification. Further, it was observed that 45 stone crushers are in operative conditions. From these 45 crushers, 43 have obtained valid consent to operate from State Board and remaining 02 crushers have applied for renewal of their consent to operate. Out of these 43 stone crushers, 08 crushers were found operative without adequate pollution control measures. Show cause notices for intended directions for closure under section 31(A) of Air Act, 1981 have been issued to these defaulter stone crushers by Regional Office, RSPCB, Nagaur [Annexure-6].
No obstacle/hindrances were observed on the pathway to Mataji Mandir during the joint verification [Annexure-4]. As per report of Executive Engineer, PWD Ratangarh Division, dated 16.06.2022 [Annexure-7], following roads are damaged.
1. Approach road to Randhisar hill
2. Approach road to randhisar
3. Randhisar to mine area, Randhisar
4. Kuhariya to Dhatri No potential risk to Bholenathji ki Samadhi due to mining activities have been observed. No record related to 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 is allotted to Shri Rajendra Panwar. In this mining lease, mining activities is being carried out within the mining area. Pillars with fencing as a safety measure has also been provided [Annexure-4].
No obstruction/hindrances on the revenue pathways and common roads in between the agriculture fields were observed during field visit. No overloaded vehicle was observed in the area.
Conclusions:-
1. Randhisar Pahari is not a part of Aravali range.
2. Mining activities are being carried out since 1973.
O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -8-
3. Cases of illegal mining have been reported and action against the defaulters is a routine procedure of Mines Department. Penalties have been imposed on the defaulters and recovery of the same has also been made. Mining leases which have not deposited penalty amount have been closed and no mining activities have been carried out.
4. Only one hillock of Randhisar Pahari was located as per the revenue officer reports.
5. Renewal of forest diversion and subsequent allotment of mining leases of Randhisar Pahari by respective departments have been done as per their rules.
6. Mining activities are not being conducted as per conditions of mining plan. The mining leases varies from 900 sqm to 6000 sqm in area, due to this less area mining is being carried out in depth and reaches upto 200ft above ground level. Conditions of mining plan may not be followed. Out of the 42 mining leases, 25 mining leases are closed and no mining activities are being carried out there. 24 leases have obtained permission to appoint mine manager as per permission from DGMS, Ajmer.
7. Efforts made for compliance of environmental clearance conditions by the project proponents are not satisfactory as six monthly compliance report alongwith all the necessary supporting documents are not been submitted/ uploaded regularly on Parivesh portal. Plantation also need to be increased. Actions regarding CSR/CER have not been intimated with documentary evidences of amount spent for socio economic upliftment activities in the field of education, sanitation and other social activities.
8. Stone crushers all around the Randhisar Pahari are operative. All have obtained valid consent from State Pollution Control Board. Most of the crushers have been equipped with adequate pollution control measures, while notices have been issued to those which are lacking to comply with consent to operate conditions.
9. No obstacle/hindrances were observed on the pathway to Mataji Mandir and roads between randhisar and dhatri and common roads in between agriculture fields."
5. Mr. Saurabh Rajpal and Mr. Ankit Shah, Advocates have appeared on behalf of Phadi Randhisar Khanan Kreshar Vikas Prabhandh Samiti for 36 Stone Crushers and 25 Mining Lease Holders and have filed application for impleadment alongwith copies of the relevant documents and their vakalatnama which are taken on record. Soft copies thereof be filed in the Registry and be supplied to the other parties. The application is allowed and Phadi Randhisar Khanan and Kreshar Vikas Prabhandh Samiti for 36 Stone Crushers and 25 Mining Lease Holders is impleaded as respondent No. O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -9- 5 after MoEF & CC, Government of India, State of Rajasthan, State PCB and District Collector, Churu who stand arrayed as respondents No.1 to 4. All the 42 lessees and 51 stone crushers, whose full particulars shall be submitted by the State PCB within two weeks, stand impleaded as respondents No.6 to
98. The Registry is directed to prepare and place on record memo of parties accordingly.
6. In the report of the Joint Committee, it has been mentioned that 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. The question Whether Randhisar Pahari of village Randhisar, Tehsil- Sujangarh District-Churu forms part of Arravali mountain ranges is required to be considered. The applicant has claimed that surrounding 8-10 hillocks have already disappeared due to unsustainable mining. In the report, it is mentioned that as per the revenue officers reports, only one hill i.e. Randhisar Pahari has been located, no other hill is located within the radius of 20 km of Randhisar Pahari. The question as to whether Surrounding 8-10 hillocks have disappeared due to unsustainable mining also needs to be gone into for adjudication of the environmental questions involved. In the present case, the requirement of environmental clearance was dispensed with on the ground that the area of individual mining leases is less than 5 hectares. However, the questions as to whether the mining leases taken together made out case of cluster mining and whether the same being a case of cluster mining required environmental clearance also arise for consideration.
7. The applicant has filed objections to the report of Joint Committee. We have gone through the report of the Joint Committee and we find that the report of the Joint committee has been prepared casually without looking into O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -10- all material aspects of compliance with consent conditions and environmental norms and generalized, vague, conjectural and contradictory observations have been made in the report without undertaking detailed enquiry and verifying specific individual compliance status.
8. In the report, it has been mentioned that 42 mining leases all around the Randhisar Pahari were allotted to the lease holders during the years 1973 to 1981. 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 on 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 left 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. The renewal of 40 mining leases for forest diversion was 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 M.L. No. 06/1998 was rejected by Mining Engineer, Bikaner vide order dated 12.08.2010. Compensatory plantation was carried out by ACF, Bikaner in accordance with letter dated 18.02.1999 of District Collector, Churu on the non lease area allotted to Forest Department. Plantation was done under CDP Phase-I scheme (SDS scheme) for the area of 35 hectares of land in the year 2001-02 in the revenue village of Ponrrasar, Tehsil- Shri Dungargarh, District- Bikaner and 28 hectares of plantation was carried out under Afforestation Scheme in the year 2002-03.
9. We would like to have a comprehensive report giving detailed particulars regarding (i) Village, Tehsil and District and revenue numbers of O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -11- the land allotted for afforestation in lieu of diverted forest land, (ii) entries in revenue record to show whether the same has been mutated in the name of forest department, (iii) the status of compensatory afforestation including species planted, survival rate and (iv) expenditure incurred on the same till date. The PCCF, Rajasthan is directed to file detailed report in this regard.
10. In the report, it has been mentioned that surveys were conducted during the year 2000 for the verification of the complaints received during years 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. Out of 38 defaulters, 25 mining lease holders deposited an amount of Rs. 4,26, 26,500/-. Mining activities in the remaining 13 defaulter mining leases was terminated and issuance of ravanas of the same was also discontinued. The mining activity in these 13 defaulter mining leases has been abandoned till date. Verification of illegal mining was reconducted in the year 2012, in which 33 mining lease holders were found defaulters. Penalty of Rs. 25,57,18,200/- was imposed on defaulters. 18 out of 33 defaulters deposited an amount of Rs. 11,11,66, 503/- . The remaining 15 mining leases are closed and issuance of ravanas of the same has been discontinued till date. 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 defaulters and penalty of Rs. 79,96,800/- was imposed and mining activities in these leases were suspended from 01.06.2022. A total of Rs. 35,02,35,000/-has been imposed as penalty of illegal mining carried out in Randhisar out of which recovery of Rs. 15,37,93003/- has been made by Mining Department, Churu.
11. The State is bound under the doctrine of Public Trust to protect and preserve natural resources and take effective remedial action by way of imposition and recovery of penalty and environmental compensation from the O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -12- defaulters and prosecution and blacklisting of the defaulters/ persons indulging in illegal mining to ensure that natural resources are not exploited and plundered away by mining mafia under the cover of inaction, negligence, connivance or corruption of the concerned instrumentalities of the State.
12. The Joint Committee has merely submitted that in cases of non-deposit of penalty the mining was terminated/closed without mentioning action taken for cancellation of lease, recovery of the penalty, imposition and recovery of environmental compensation from the defaulters and prosecution of the persons involved in illegal mining. State of Rajasthan has to take not only stern but also exemplary action and the details of action so taken for cancellation of lease, recovery of the penalty, imposition and recovery of environmental compensation from the defaulters and prosecution of the persons involved in illegal mining have to be furnished to this Tribunal.
13. We find it difficult to understand the reasons for failure of the instrumentalities of the State to prevent illegal mining and then even recover the penalty amounts. Failure to prevent illegal mining despite large administrative establishments and contingents of the Directorate of Mining and Geology, State PCB, and District Administration raises serious doubts regarding their efficiency and warrants appropriate reform for training and accountability. One may wonder why these Authorities/District Administration do not carry out timely periodical inspections to detect illegal mining and nip the evil in the bud instead of allowing mining for long periods without monitoring/periodical inspections and reporting illegal mining after the mischief is done and the defaulter absconds. It is also common knowledge that such mining leases are granted in favour of persons/association of persons who have requisite financial means, establishments and infrastructure and who do not have any criminal or insolvency antecedents and more often than not they are also required to furnish guarantees for discharge of their financial obligations. Can persons, O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -13- considered to be having such financial means for grant of mining lease, evade payment of penalty that too for illegal mining carried out under the very nose (supervisory/monitoring mechanism) of the Director Mining and Geology and District Administration, without connivance of the concerned Officers. Further, the law empowers realization of such penalty amounts as arrears of land revenue by attachment and sale of immoveable and immoveable properties and/or arrest and detention of the defaulters. Can instrumentalities of State justify their failure to recover the penalty amounts by recourse to such recovery methods on any valid ground except legally permissible grounds of death and insolvency of the defaulters and legally impermissible ground of incompetence or corruption of its Officers. Failure to prevent illegal mining coupled with failure to recover the penalty seriously undermines the credibility of State Machinery by raising serious doubts not only regarding its efficiency but also about its integrity and endangers rule of law by shaking faith of the people in efficacy of State Government and democratic institutions. Instrumentalities of State have to urgently respond to this call of duty and act promptly to remedy the malady. The proceeds of crime earned by offences of illegal mining attract the provisions of the Prevention of Money Laundering Act, 2002 and warrant reference to the concerned agencies-ED/CBI etc. for investigation, discovery and arrest of the Offenders and their associates for their prosecution and punishment by the State Government. In appropriate cases, even this Tribunal may, in exercise of its very wide statutory powers, make such reference if so warranted. In the present case, we consider it appropriate to and accordingly direct the Chief Secretary, Government of Rajasthan to look into the matter of recovery of penalty amounts, issue appropriate directions as may be required for realization thereof, initiate appropriate disciplinary proceedings against concerned defaulting officers and submit action taken report with specific steps taken/ to be taken with specific timelines for realization of penalty amounts and initiation of disciplinary proceedings by following due course of O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -14- law. The report be submitted within one month at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
14. It may be next observed that verification of mining leases in compliance to the order dated 22.04.2022 passed by this Tribunal was conducted on 06.06.2022 and 07.06.2022. It has been concluded in the report that out of the 42 mining leases, 25 mining leases are closed and no mining activities are being carried out there. Mining activities are not being conducted as per conditions of mining plan. The mining leases varies from 900 sqm to 6000 sqm in area, due to this less area mining is being carried out in depth and reaches upto 200ft above ground level. Conditions of mining plan are not being followed. Efforts made for compliance of environmental clearance conditions by the project proponents are not satisfactory as six monthly compliance report alongwith all the necessary supporting documents are not been submitted/ uploaded regularly on Parivesh portal. Plantation program need to be strengthened and also need to be increased. Actions regarding CSR/CER have not been intimated with documentary evidences of amount spent for socio-economic upliftment activities in the field of education, health, sanitation and other social activities.
15. In the report, the Joint Committee has made general and vague observations that almost all of the mining leases have provided wire fencing/permanent wall, lease pillars, sign boards and plantation as per conditions of mining lease agreement Rajasthan Minor Mineral Concession Rules, 2017 and the Joint Committee has not taken pains to ascertain compliance status in respect of each mining lease. In the report it has been mentioned that District Forest Officer, Churu dated 17.06.2022 had 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 and had also advised to provide O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -15- 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 which implies non-compliance in respect of the said aspects. In the report, it has been mentioned that none of the lessees has submitted regular six monthly compliance report. All the leases in the cluster are less than 1 hectare due to which adequate benches are not being formed. No details with references to ESR/CSR, rain water harvesting structures etc. have been submitted by any of the lessee. Observations in the report "....Although some efforts have been made for plantation in and around the lease area, scope of further plantation is there" show the casual and contradictory approach of the Joint Committee in preparing the report and fail to convey any thing worth consideration to this Tribunal. Whether the consent conditions for requisite plantation have been complied with or not was all that was required to be reported that too with requisite details and photographs.
16. The report of the Joint Committee regarding verification of stone crushers located on foothills of Randhisar Pahari, which was conducted on dated 06.06.2022 and 07.06.2022, also suffers from gross inadequacies and deficiencies. In the report, it has been mentioned that out of the 51 stone crushers located in the foothills of Randhisar Pahari, 06 were found dismantled during verification. 45 stone crushers were observed to be in operative conditions out of which 43 stone crushers had obtained valid consent to operate from State Board and remaining 02 crushers had applied for renewal of their consent to operate. Mere pendency of application for renewal confers no authority to operate. Allowing units to operate without disposal of applications for renewal is not only legally impermissible and administratively inexpedient but also requires enquiry into reasons for delay in filing such applications by the project proponents as well as disposal by the Concerned Officers and closure of the defaulting Units during such pendency O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -16- and departmental action against Officers delaying disposal of renewal applications is the only remedy under the environmental laws which are based on and governed by the precautionary principle. Further in the report, it has been mentioned that out of these 43 stone crushers, 08 crushers were found operative without adequate pollution control measures. Show cause notices for intended directions for closure under section 31(A) of Air Act, 1981 have been issued to these defaulter stone crushers by Regional Office, RSPCB, Nagaur. Issuing such show cause notices is not by itself sufficient and prompt action is required to be taken on the basis thereof. The requisite details regarding compliance with consent conditions and environmental norms as well as remedial action including closure, imposition and recovery of environmental compensation and prosecution taken against the defaulters and reclamation have to be furnished to this Tribunal.
17. In the report it has been mentioned that as per report of Executive Engineer, PWD Ratangarh Division, dated 16.06.2022, approach roads to Randhisar hill, Randhisar to mine area, and Kuhariya to Dhatri have been damaged but no remedial measures have been taken or recommended.
18. Conditions were imposed by MoEF & CC in its consent order dated 20.06.2011 that no labour camps would be set up inside the forest area and labourers would be provided alternative fuel and that the mining lessees will plant and maintain 25 trees each year. The Joint Committee has not gone into the questions where labourers camps have been set up, whether the labourers have been provided alternative fuel, besides safety equipment, sanitation and hygienic living conditions and whether the mining lessees have planted and maintained the trees as required. Mining lessees- M/s P.G Stone and M/s Shyam Grit were mentioned not to have complied with the requirements and leases were not extended in their favour but the applicant has alleged that M/s P.G Stone and M/s Shyam Grit have indulged in illegal mining and the Joint Committee has not gone into the questions of mining by O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -17- them. The Joint Committee has also not gone into the question as to 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. The Joint Committee has merely stated that mining leases of the defaulters who have not paid the penalty have been closed but the Joint Committee has not gone into the question whether those leases have been temporary closed or have been surrendered/cancelled and permanently closed and whether any mining closure plan has been implemented. As per condition no. 12 of forest diversion letter dated 20.06.2011, the fencing, protection and regeneration of the safety zone area (7.5 meters strip along the outer boundary of the combined mining lease area) was to be done and maintained at the project cost. The lessees have claimed that the requisite amount had been deposited with the concerned Department. The Joint Committee has not gone into the question as to 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, The Joint Committee has also not looked into the question as to whether any illegal mining has been done in area measuring 44.523 hectares provided for infrastructural support and forest purpose land measuring 8.882 hectares and if so by whom and to what extent. The Joint Committee has also not going to question as to whether any proceedings has been initiated for imposition of any environmental compensation on any of the defaulter lessee or stone crusher.
19. Mr. Sohanlal Guru, Assistant Mining Engineer, Mining and Geology Department, Churu, Rajasthan had mentioned in his report that following violations of the environmental norms were observed on the basis of inspection carried out on 27.05.2022 and 28.05.2022:
1- "ekSdk fujh{k.k ds nkSjku 9 [kuuiV~Vksa esa [kuu etnwjksa }kjk lqj{kk midj.kksa dk mi;ksx ugha fd;k tkuk ik;k x;kA O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -18- 2- [kuuiV~Vk ds ekSdk fujh{k.k ds nkSjku 17 [kuuiV~Vksa esa [kku lqj{kk egkfuns'kky; }kjk fu;qDr rdfudh dkfeZd@[kku izcU/kd dh mifLFkfr ugha ik;h x;hA 3- [kuuiV~Vs esa vuqeksfnr [kuu ;kstuk ¼ekbZfuax Iyku½ ds vuqlkj 17 [kuuiV~Vksa esa [kuudk;Z ugha fd;k tkuk ik;k x;kA 4- Pkkj [kuuiV~Vksa esa [kuuiV~Vk dh lqj{kk nhokj@rkjcUnh fd;k tkuk ugha ik;k x;kA 5- ,d [kuuiV~Vk esa lwpuk cksMZ yxk gqvk ugha ik;k x;kA 6- ,d [kuuiV~Vk esa lhek LrEHk yxk gqvk ugha ik;k x;kA 7- nks [kuuiV~Vksa esa fu/kkZfjr fu;ekuqlkj o`{kkjksi.k dh ikyuk ugha ikbZ x;hA"
20. In the present case, we find that the Joint Committee has not looked into the material aspects and has conducted superficial verification and made general and vague and conjectural and contradictory observations and the report submitted does not warrant due credence for lack of essential particulars. Therefore, we are constrained to and accordingly do constitute another Committee comprising representatives of MoEF & CC and CPCB to be nominated by the Secretary, MoEF & CC and Chairman, CPCB from their Offices at Delhi. The Joint Committee may meet within two weeks, undertake visits to the mining sites, look into all material aspects of the case including the aspects highlighted above keeping in mind all material allegations made in the application, interact with the applicants and other residents of the surrounding area of the mines, verify the factual position and compliance status with respect to consent conditions and environmental norms as referred to above by all possible means including geo tagging, mapping by drone/making video films with audio and taking photographs with smart phone/cameras as may be appropriate and make its recommendations regarding remedial action/measures. State PCB shall be the nodal agency for co-ordination for compliance and shall provide all logistic support and bear the necessary expenses.
O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -19-
21. Report shall be furnished by the Joint Committee within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
22. The Department of Mines and Geology, Rajasthan and State PCB are under statutory obligations to take all requisite measures to prevent and abate environmental pollution/degradation independent of and even before giving of any directions and passing of any order by this Tribunal or any other Court and, therefore, the Director, Department of Mines and Geology, Rajasthan and State PCB must enquire into the factual position regarding compliance with consent conditions and environmental norms in the present case and take appropriate remedial action to prevent and abate environmental pollution/degradation by following due process of law. Report regarding Action Taken/To Be Taken with specific timelines be also filed by them within one month at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
23. Notice alongwith the copies of the application and report of the Joint Committee and documents attached therewith be issued to the Secretary, MoEF & CC, Government of India, State of Rajasthan through Chief Secretary, Government of Rajasthan, District Collector, Churu and 42 mining lessees and 51 stone crushers requiring them to file their response/reply to the allegations made in the application/observations made in the report of the Joint Committee and compliance with consent conditions and environmental norms within one month at [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
24. Notice be served on the 42 mining lessees and 51 stone crushers through District Collector, Churu and for this purpose notice issued to them O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -20- be sent to the District Collector, Churu by E-mail for getting service of the same effected on them and sending his report in this regard.
25. The Registry is also directed to supply the copies of the application and report of the Joint Committee and documents attached therewith to the State PCB and Phadi Randhisar Khanan and Kreshar Vikas Prabhandh Samiti through E-mail IDs. Reply/response by the State PCB and Phadi Randhisar Khanan and Kreshar Vikas Prabhandh Samiti be also filed within one month at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
26. In their replies the State PCB and Director, Mines and Geology, Government of Rajasthan shall specifically mention details regarding compliance with the consent conditions and environmental norms by the lessees and stone crushers. In his reply the District Collector, Churu shall specifically give all details regarding proceedings taken by him against each of the defaulting lessees for recovery of penalties imposed for pre 2009 and post 2011 defaults/illegal mining as referred to above.
27. List for further consideration on 29.09.2022.
28. In the meanwhile, mining lessees who have substantially complied with consent conditions and environmental norms and have paid the penalty and undertake to pay the environmental compensation, if any imposed shall be allowed to carry on the mining on due certification by the Director, Mines and Geology, Government of Rajasthan and State PCB in this regard and no mining shall be allowed to be carried on by the defaulting mining lessees till further orders of this Tribunal to the contrary. The District Magistrate and Superintendent of Police, Churu shall take all requisite steps for ensuring that no illegal mining by any of the defaulter lessees takes place in the mining area and that no stone crusher, which has not obtained requisite permissions from the concerned Authorities, works in the area. O. A. No. 209/2022 Megh Singh & Ors. Vs. State of Rajasthan -21-
29. In view of the facts and circumstance of the case, we also consider personal appearance of Member Secretary, RPCB, Director, Mines and Geology, Government of Rajasthan and District Collector, Churu, on the next date of hearing through VC to be essential for producing the relevant documents regarding compliance with environmental norms and realization of the penalty amounts from the defaulters and assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present before this Tribunal on the date of hearing fixed in the case.
30. A copy of this order be forwarded to the Chief Secretary, Government of Rajasthan, PCCF, Rajasthan and District Magistrate and Superintendent of Police, Churu by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 22, 2022 AG