National Green Tribunal
Megh Singh vs State Of Rajasthan on 9 January, 2024
Item No.5
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.85/2023(CZ)
(O. A. No. 209/2022 - PB)
Megh Singh & Ors. Applicant(s)
Vs.
State of Rajasthan & Ors. Respondent(s)
Date of Hearing: 09.01.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant (s): Mr. Prateek Jain, Adv.
For Respondent(s) : Mr. Rohit Sharma, Adv.
Mr. Rakesh Tiwari, Adv.
Ms. Prachi Mishra, Adv.
(with Ms. Rebecca Mishra, Adv.)
Mr. Saurabh Rajpal, Adv.
Mr. Ankit Anandraj Shah, Adv.
ORDER
1. Heard the argument and perused the records.
2. The issue of illegal mining in violation of environmental rules has been highlighted by the petitioner in the area Ranadhisar Pahari, Tehsil, Sujanagadh, District-Churu, Rajasthan.
3. The Tribunal took the cognizance of the matter and constituted a joint committee consisting Chief Conservator of Forests, Regional Office, MoEF&CC, and the representative of the PCB and mines, including District Magistrate and directed them to submit the factual and action taken report.
4. The committee in compliance of the order visited the site and submitted the report as follows :-
1
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, TehsilShri Dungargarh, District- Bikaner and 28 hectares of plantation was carried out under Afforestation Scheme in the year 2002-03.
• 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. The average rainfall recorded in the period of past 10 years is 495.1 MM.
• As per the report of Assistant Mining Engineer, Department of Mines and Geology, Churu dated 15.06.2022 [Annexure4], 42 mining leases all around the Randhisar Pahari were allotted as mining lease to the lease holders during the year 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 2 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 3 activity in the mining leases which have not deposited penalty has been closed till date.
• 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. • Verification of mining leases in compliance to the 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 4 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.
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 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.
• No obstacle/hindrances were observed on the pathway to Mataji Mandir during the joint verification.
• As per report of Executive Engineer, PWD Ratangarh Division, dated 16.06.2022, 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 5 • 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.
• 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.
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.6
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. On an application moved by Stone Crushers and Mining Leaseholders Association they were impleaded as a party and given an opportunity of hearing to submit their version.
6. The matter was heard by the Tribunal and vide order dated 22.08.2022, this Tribunal directed as follows :-
"9. We would like to have a comprehensive report giving detailed particulars regarding (i) Village, Tehsil and District and revenue numbers of 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 7 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."
7. Vide order dated 11.11.2022 CPCB with the joint committee was directed to submit the report and in compliance thereof, the point-wise factual status as submitted by the CPCB (Committee) are as follows:-
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 done Mining activities have been only by the persons in whose carried out since 1973.
favour the lease has been Mining activities have been granted and whether any stopped as per directions of mining lease has been sublet or Hon'ble Court, which was is being operated by any also verified at the time of person other than inspection of the Committee. the lessee.
8
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 meters strip) has area (7.5 mtr strips) the gaps
been fenced, protected and between mine is less than
regenerated along the outer 7.5 mts. Also, the fencing
boundary of the combined along the boundary of each
mining lease area. mine was not beinbg done
properly. Only 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 and proceedings have Cases of illegal mining were
been initiated for imposition recorded and action against
of any environmental the defaulters was taken by
compensation on any of the the Mines Department.
defaulter lessee or stone Penalties have been imposed crusher. on the defaulters and 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.
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5 Compliance status of mining It is not clear from the
leases with respect to consent documents made available to
conditions and environmental the team as to which depth
norms the mining was 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.
8. In the reply cum compliance report filed by RSPCB, it has been mentioned that the Mining Department has cancelled the 40 mining leases out of the total 42 mining leases and cancellation of remaining 02 mining leases is under process at the level of Mines Department. It has been further mentioned that the RSPCB on the basis of cancellation of mining leases reported by the Department of Mines and Geology initiated process for revocation of consent to operate and closure directions to the 40 mining leases.
9. The concerned Project Proponents appearing before this Tribunal claimed that mining lessees in favour of the Project Proponents have been cancelled without serving notice on them and without giving opportunity of hearing. Writ Petitions have been filed before the Hon'ble High Court of Rajasthan which are stated to be pending.
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10. Additional response has been filed by the Department of Mines and Geology vide email dated 02.04.2023. Written Submissions have been filed by the applicant vide email dated 24.03.2023. Report by Chief Secretary, Government of Rajasthan has been filed vide email dated 03.04.2023.
11. In additional response filed by Department of Mines and Geology, Government of Rajasthan vide email dated 02.04.2023 it has been mentioned in para no. 9 and 10 that out of the total 42 mining leases, one lease was cancelled on 12.08.2010 by Mining Engineer, Bikaner under Rajasthan Minor Mineral Concession Rules, 1986 for shifting of lease area. Four other mining leases were cancelled by the Assistant Mining Engineer from 28.07.2021 to 26.07.2022 under Rule 76(2) of Rajasthan Minor Mineral Concession Rules, 2017 on the ground that mutation documents were not presented by the lease holder within the stipulated time. Out of the remaining 37 Mining lease, 22 lease were cancelled by on the ground that the mining activities being carried out were in the unsafe mining category as defined under Rule 29 and 30 of Rajasthan Minor Mineral Concession Rules, 2017. 15 remaining mining leases were also cancelled for non-payment of illegal mining penalty amount under Rule 28 of Rajasthan Minor Mineral Concession Rules, 2017.
12. The status of imposition of Penalty /environmental compensation and its recovery was reported to the Tribunal which was discussed vide order dated 03.04.2023 as follows :-
Status regarding recovery of Penalty
1. The factual position regarding imposition and recovery of penalty which emerges from the report of the Joint Committee and replies filed may be noticed as under:-11
i. 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/-.
ii. 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/-.
iii. 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.
2. As per the report of the Joint Committee amount of Rs. 35,02,35,000/-was imposed as penalty out of which recovery of Rs. 15,37,93,003/- had been made by Mining Department, Churu.
3. In the Action Taken Report filed by the Chief Secretary, Government of Rajasthan vide email dated 03.04.2023 it has been mentioned that the amount of illegal mining carried as against total 26 mining leases was of Rs. 19.64 Crores, out of which until 12 13.03.2023, an amount of Rs. 2.05 Crores has been recovered from 15 mining lease holders under Land Revenue Act, 1956. Out of these 15 lease holders, entire amount from 10 mining lease holders has been recovered by the Department of Mines & Geology. Whereas, partial amount has been recovered from one mining lease holder and from remaining 4 mining lease holder, amount has been recovered from under the Amnesty Scheme 2022. It is pertinent to highlight, that out of 12 defaulters, 4 lease holders have obtained stay from the Hon'ble High Court of Rajasthan at Jodhpur for recovery of around Rs. 4.86 Crores. Action has been taken against remaining 8 lease holders under the Land Revenue Act 1956 to recover the arrears. Two lease holders, i.e., M/s Jagdamba Stone Crushing Industries and M/s Randhisar Stone Crushing where the proprietor is from District Churu, attachment and auction of the property was scheduled for 27.03.2023 & 29.03.2023. However, no property was found in the name of 2 lease holders thus, no money could be recovered from them. Moreover, on account of dispute over ownership of the property of 1 defaulter, no recovery could be made against him. As far as 2 more defaulters are concerned who are not resident of district Churu, demand of recovery has been made by Mining Engineer, Jaipur. Moreover, 1 lease holder who is resident of Bikaner, Mining Engineer from Sriganganagar has already made demand for recovery. The penalty to the tune of Rs. 35,00,00,000/- (35 Crores) has been imposed against the lease holders out of which around Rs. 20,00,00,000/- (20 Crores) has been recovered. There is a stay order by Hon'ble High Court, Rajasthan at Jodhpur on Rs. 4.86 Crores and for the recovery of rest of the dues of Rs. 10.76 Crores for which proceedings under Land Revenue Act are going on.
13 Status regarding Compensatory afforestation
4. 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.
Status regarding running of Stone Crushers
5. In its report, the Joint Committee has mentioned that verification of stone crushers located on foothills of Randhisar Pahari was 14 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. Out of these 45 stone crushers, 43 stone crushers have obtained valid consent to operate from State Board and remaining 02 stone crushers had applied for renewal of their consent to operate. Out of the 43 stone crushers, 08 stone crushers were found to be operating without adequate pollution control measures. Show cause notices for intended directions for closure under section 31(A) of the Air (Prevention and Control of Pollution) Act of 1981are stated to have been issued to the defaulter stone crushers by Regional Office, RSPCB, Nagaur but subsequently details regarding the same have not been submitted. Details of the proceeding initiated for imposition of environmental compensation against the defaulting stone crushers have also not been mentioned.
6. In the reply cum compliance report filed by RSPCB filed vide email dated 22.09.2022, it has been mentioned in para no. 6, 7 and 8 that at Randhisar hill 51 stone crushers were located out of which 06 were found dismantled. The SPCB and Department of Mines & Geology jointly inspected all the 45 stone crushers on 12.09.2022 and all the stone crushers are having valid consent to operate. However, the State Board has initiated process for imposition of environment compensation against 08 stone crushers, which were not having adequate pollution control measures as per environmental norms. During the course of inspection adequate plantation was not observed in 07 stone crushers. The State Board has issued show cause notices to 07 stone crushers for intended revocation of consent to operate. The stone crusher operators have submitted reply to the show cause notice, stating that they have carried out additional plantation and also 15 submitted photographs in this regard. The State Board has carried out ambient air quality monitoring of 44 stone crushers on 08.09.2022, 09.09.2022, 12.09.2022, 13.09.2022 and 14.09.2022. 01 stone crusher was under maintenance. The ambient air monitoring results of 20 stone crushers were found exceeding the permissible limits. The State Board has issued show cause notices on 20.09.2022 to all such 20 stone crushers for intended revocation of consent to operate.
7. In Action Report filed by Chief Secretary, Government of Rajasthan it has been mentioned that 21 lease holders challenged the cancellation order before the Hon'ble High Court of Rajasthan and the Hon'ble High Court of Rajasthan vide order dated 13.12.2022 stayed cancellation order but subsequently 18 lease holders withdrew their petition and filed appeals before Departmental Appellate Authority. Three writ petitions are still pending before Hon'ble High Court of Rajasthan. In view of pendency of the appeals and writ petitions before the Hon'ble High Court of Rajasthan it will not be appropriate for this Tribunal to go into the question of the legality of cancellation of the mining leases.
13. The applicant by means of the e-mail reported that illegal minings have taken place without taking any action by the mining department and Mining department was directed to submit the report. In compliance thereof the mining department submitted the report dated 26.7.2023 with the following facts: -
1. All the mining leases have been cancelled in accordance with the law and procedure.
2. CTO were revoked and directions for closure of all mining leases were issued by the RSPCB.16
3. Against cancellation order 20 leaseholders has preferred individual writ petitions before Honourable High Court of Rajasthan at Jodhpur and the petitions were disposed of vide common order granting liberty to 18 petitioners to avail appropriate remedy and prefer an appeal against cancellation order passed by S.M.E.B. Bikaner before the Appellate Authority.
4. In S. B. Civil writ petition no. 14941/2022 titled as M/s P. G. Stone Crushing Industries Vs State of Rajasthan and Ors. Hon'ble High Court vide order dated 13.12.2022 granted stay on the operation of cancellation order dated 09.09.2022 of S.M.E.B. Bikaner and Recovery Notice dated 12.09.2022.
5. Later on, 30 appeals have been preferred before the Appellate Authority.
6. Implementation of mining closure plan and reclamation /rehabilitation of mining lease area shall be carried out in accordance with the final finding of Honourable High Court / Appellate Authority.
14. A report was called from the Forest Department, Churu with regard to the nature of land, its entry and mutation and compensatory afforestation and vide report submitted by the Learned Counsel for the State submitted on 08.08.2023 the following facts have been narrated in the report.
15. Village, Tehsil and District and revenue numbers of the land allotted for afforestation in lieu of diverted forest land A proposal was sent by Govt of Rajasthan for diversion of 68.63 Ha of Randhisar hills for mining purpose under Forest Conservation Act. Out of the total 68.63 ha, permission for diversion of 59.748 ha of area was received vide Gol order No 8- 68/97/FC/ dated 16.8.99. For Compensatory Afforestation, Non Forest Land (NFL) of 284 bigha 11 biswa was allotted in Punrasar village of Shri Doongargarh tehsil of Bikaner district by District Collector Churn's order No. F12(12)(1) Revenue /97 dated 18.02.1999 & Govt of Rajasthan order No F6(272)Revenue/Group-3/98, Jaipur, dated 29.01.1999 17 The revenue numbers/ Khasra numbers of allotted non forest land given in lieu of diverted Randhisar land are 862/649, 448 & 447. The above area was declared as Protected Forest by Govt of Rajasthan gazettee declaration dated 18.04.2012.
The tehsil Shri Doongargarh was earlier part of Churu district and was later merged into Bikaner district. Plantation/ afforestation at this forest land has been done by Forest division of Bikaner in in CDP (Canal Development Project) scheme with total cost of approx Rs. 5.64 lacs.
Penal Compensatory afforestation on Degraded Forest land of double the land that was diverted i.e. 119.5 Ha was to be done, as per conditions of forest land diversion-
Non Forest Land Village Khasra No. Area (Bigha)
: Punrasar Tehsil : Sri 862/649 154.18 (38.98Ha)
448 128.12 (32.40Ha)
Dungargarh District : 447 1.01 (0.25 Ha)
Bikaner Total 284.11 (71.80 ha)
(ii) Entries in revenue record to show whether the same has been
mutated in the name of forest department
The land given in Shri Dungargarh Tehsil in Bikaner in lieu of diverted forest land in Randhisar has been mutated in name of Forest Dept & declared as Protected Forest vide Rajasthan govt gazettee notification d ed 18.04.2012. The Jamabandi for Punrasar Forest Block of 981-la (which included 71.9 Ha of area received in lieu of Randhisar hills diversion) is enclosed.
(iii) The status of compensatory afforestation including species planted, survival rate and expenditure incurred on the same till date. in this regard As per conditions of forest land diversion, Compensatory Afforestation was to be done in 2 parts --
18 A. On 284 Bigha (approx 71.9 ha) Non Forest land allotted in Punrasar village of Bikaner district B. On Degraded Forest Land of 119.5 Ha A. Compensatory Afforestation on Non Forest Land The plantation on Non Forest land allotted in Punrasar village of Shri Dungargarh tehsil was done during period 2001-05 and following species were planted.
Plantation Details on NFL, Punrasar, Bikaner Scheme Year Site Species No of Total Survival Name Trees Expenditure % planted (Rs.) CDP I 2001-02 SDS Tortal is 15000 708499 62.24 Punrasar Kumtha 2500 35Ha 17500 CDP ll 2002-03 Vanikaran Tortalis 10000 640934 61.94 Punrasar Khejri 1000 28Ha Ber 500 Rohida 500 Kumtha 2000 14000 CDP III 2004-05 Punrasar Tortalis 2900 442086 63.28 11 Ha Ber 1200 Rohida 400 Kumtha 1000 5000 37000 1791519 62.49 The plantations are in good state and approx 62% plants planted from 2001-02 to 2004-05 are still present on site and have helped in amelioration of local micro-climate of the region. Photographs Annexed. B. Compensatory Afforestation on Degraded Forest Land Afforestation was done in 5.2 Ha area in Leel ki Beed Forest block Rajgarh Tehsil of Chum district in 2006-07 with approx cost of Rs. 0.65 Lac. Proposals for remaining compensatory afforestation in approx. 114.4 ha of Degraded Forest Land (DFL) have been sent and the work is expected to be taken up in year 2024-25.
19
Compensatory afforestation on Degraded Forest land in Leelki Beed area of Rajgarh tehsil Churn was done during year 2006-07 and following species were planted with an expenditure of Rs 1.6 lakhs.
Plantation Details on DFL, Leelki Beed
Scheme Year Site Name Species No of Total Survival
Trees Expenditure %
DFL 2006-07 Compensatory Tortalis planted
1400 (Rs.)
42000 62
Afforestation Kumtha 620
Leelki Beed Ber 1400
5.16Ha Khejri 200
3620 42000 62%
16. The applicant with some villagers have filed certain objections with regard to the report of the committee and suggested to constitute another committee but since the matter is pending before the Hon'ble High Court thus, it would not be proper to intervene in the matter.
17. Learned counsel for department of Mines and Geology Ms . Prachi Mishra has submitted that in compliance report dated 18.10. 2023 the department has filed the tabular chart containing details of the leaseholders/ mining and required permission of the authority/consent to operate /environmental clearance as per prevailing law for the period of five years before the date of filing of the original application and out of 42 mining leases of masonry stone were sanctioned in which one mining lease was cancelled in the year, 2010, two leases were cancelled in the year 2021 and the remaining 39 leases were cancelled in the year 2022.
18. It is further submitted that :-
ENVIRONMENTAL CLEARENCE & CTO In compliance of MOEF&CC Notification dated 01.07.2016, total 37 lessees had applied for Environmental Clearance (hereinafter referred to as 'EC') to the District Environment Impact Assessment Authority, Churu, (hereinafter referred to as 'DEIAA') out of which 35 ECs were granted & 2 Applications of EC were rejected by DEIAA. Out of the 41 lessees, the remaining 4 mining 20 lessees did not apply for EC. Also, out of 41 mining leases, 24 mining leases were having valid Consent-to- Operate ('CTO') issued from RSPCB before the date of filing of application.
RECOVERY OF PENALTY IMPOSE The detailed additional response regarding individual lease wise information was already submitted on 26.07.2023 by the Department of Mines and Geology, Rajasthan in compliance of order dated 03.04.2023 of the Hon'ble Tribunal. On internal Page 5-6 of above-mentioned Reply, details of the Defaulting Mining Lessees have been given in the year 2000, 2012, and 2021-22. On internal Page 271-272 (Annexure-6), comprehensive details of Recovery proceedings in all 41 Mining Leases have been given, and on internal Page 7-9, the present status of recovery of 12 cases is provided.
19. In the chart submitted by the department from it reveals that from serial number 1 to serial number 42 all the mining leases has been cancelled.
20. In view of the above facts and reports submitted by the chief secretary it is clear that lease for the mining has been cancelled and proper action has been initiated by the State Pollution Control Board and the authorities concerned and aggrieved by the order the writ petitions were filed before Hon'ble High Court and order has been passed in view of the petitions.
21. It is further submitted that departmental appeal has been filed before the Appellate Authority. Since the writ petitions are still pending before the Hon'ble High Court of Rajasthan against the recovery of compensation/ penalty or the validity of the lease and cancellation of lease, thus it would not be appropriate to further intervene in the matter.
22. The State PCB is directed to ensure the compliance of the Environmental Rules and regularly have strict vigil according to the Sustainable Guidelines issued by the MoEFCC in 2016 and 2020 and to ensure the 21 compliance of the guidelines and further ensure to control the illegal mining and degradation of the environment.
23. Further actions with regard to the lease and the realization of the Environmental Compensation shall be governed by the order of the Appellate Court or the order passed by the Hon'ble High Court in pending writ petitions.
24. In view of the above facts, we do not think it just and proper to further proceed in the matter. With these observations the Original Application No. 85/2023 stands disposed of. Further actions shall be initiated in accordance with the direction and order of the Hon'ble High Court / Appellate Authority.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 09th January, 2024 O.A No. 85/2023 (CZ) PN 22