Santosh Mittal vs State Of Rajasthan Through Its Chief ... on 11 July, 2017

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National Green Tribunal

Santosh Mittal vs State Of Rajasthan Through Its Chief ... on 11 July, 2017

       BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH,
                               BHOPAL


                         Original Application No. 127/2013 (THC) (CZ)
                       Santosh Mittal & Ors Vs. State of Rajasthan & Ors.
                                                    and
                                         M.A. No. 343/2017

CORAM :      HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER
             HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER

PRESENT : Applicant :               :                Dr. M.S. Kachhwa, Adv.
          State of Rajasthan RSPCB:                  Shri Sandeep Singh, Advocate
          Respondent :                               Shri Shantanoo Saxena, Adv.

Date         and                          Orders of the Tribunal
Remarks

Item No.15

Matter comes up on an M.A. No. 343/2017 filed by the State th 11 July, 2017 of Rajasthan through the DFO Alwar. It is submitted that substantial recovery against defaulters identified in the State of Rajasthan has been made and it is still under process. If the DFO requires any further assistance the Collector Alwar is directed to constitute a team of Revenue, Forest and Police officials for affecting the recovery within the State of Rajasthan.

So far as the, defaulters in the State of Haryana are concerned the record pertaining to each of them with the amount specified and notices prepared in this behalf shall be sent to the Haryana State Pollution Control Board (HSPCB). The Learned Counsel for the HSPCB submitted that the HSPCB have already approached to the District Administration in Rajasthan for providing the said list for affecting the recovery. The forest officials in the state of Rajasthan shall prepare a list of the defaulters (368 as identified) and send the same through a special messenger to the Member Secretary HSPCB for carrying out the necessary recoveries against the defaulters and remitting the amount to the District Administration Forest Department, DFO Alwar. In case the Member Secretary State of -1- Haryana has any difficulty in the matter he may approach this Tribunal in that behalf. The case is already fixed on 25.07.2017 but in the light of the above directions the matter is now ordered to be listed on 5th September, 2017.

Learned Counsel appearing for the HSPCB shall convey the above order to the Member Secretary for compliance.

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) -2- -3- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 124/2016 (CZ) Tulsi Ram Meena Vs. State of Rajasthan & 4 Ors.

and Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.

and and Original Application No. 128/2013 (THC) (CZ) Rajesh Kumar Saini and Ors. Vs. State of Rajasthan & Ors.

and Original Application No. 128/2015 (THC) (CZ) Shri Surendra Nath Bhargava Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER PRESENT : Applicant : : None State of Rajasthan RSPCB: Shri Sandeep Singh, Advocate Date and Orders of the Tribunal Remarks Item No.19 Shri Sandeep Singh, Learned Counsel submits that today a th 30 May, 2017 committee of the Members of Rajasthan Legislative Assembly is visiting the area of the Arawali in Alwar for ascertaining the issue pertaining to environment and mining. He therefore, submits that officer could not come today.

In the meanwhile, it is submitted that list for making recovery has been prepared and steps are under way for collecting the recovery.

As prayed, let these matters be listed on 25th July, 2017. On the said date the progress made by the State in this behalf shall be reported.

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) -4- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 124/2016 (CZ) Tulsi Ram Meena Vs. State of Rajasthan & 4 Ors.

and Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.

and and Original Application No. 128/2013 (THC) (CZ) Rajesh Kumar Saini and Ors. Vs. State of Rajasthan & Ors.

Date       and                          Orders of the Tribunal
Remarks

Item No.10 to           The Respondent State and its officials are directed to carry out
13

proceedings forthe recovery of the amount which is to be collected 8th May, 2017 against each of the persons identified for having carried out the illegal mining and loss caused to the environment as determined by the forest officials as well as the mining officials. The Collector, Alwar shall issue necessary notices for recovery of the amount so that the said amount from the persons concerned who have been identified and recovery under the PDR be initiated so that the amount can be recovered and deposited in the Environment Relief Fund for utilisation against restoration work to be carried out by the forest and other officials of the State. For carrying out extensive plantation etc. the plans that have been prepared shall be submitted before this Tribunal so that the execution can be carried out commencing this monsoon season. In the meanwhile, since the OIC has been transferred the State will take appropriate steps for appointment of the OIC. Copy of this order shall be conveyed by the Learned Counsel to the Collector for necessary action on his part. The Collector will file an affidavit before this Tribunal regarding the steps taken by him for recovery of the amount.

Let these matters be listed n 30th May, 2017.

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) -6- -7- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 124/2016 (CZ) Tulsi Ram Meena Vs. State of Rajasthan & 4 Ors.

and Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.

and and Original Application No. 128/2013 (THC) (CZ) Rajesh Kumar Saini and Ors. Vs. State of Rajasthan & Ors.

Date      and                              Orders of the Tribunal
Remarks

Item No.3 to 5          As requested, let these matters be listed on 8th May, 2017.

5th May, 2017

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) -8- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.

and and Original Application No. 128/2013 (THC) (CZ) Rajesh Kumar Saini and Ors. Vs. State of Rajasthan & Ors.

Date      and                              Orders of the Tribunal
Remarks

Item No.9 to            By way of compliance in this matter State of Rahasthan has filed
12

document annexure R-1, R-2, R-3 & R-4 that show what steps have been th 14 March, 2017 taken so far to comply with the directions issued by this Tribunal in various order being from 31.08.2016, 28.10.2016, 17.01.2017 & 22.02.2017.

To summarise, the Respondent / State of Rajasthan has identified various heads with regard to assessment of damage as a result of illegal mining and illegal felling of trees and destruction of the forest. As per the committee appointed regarding which the detail has been provided in -9- Annexure R-1 , the letter of the Collector, Alwar dtd. 28.10.2016, the following categories of losses have been identified :

1. Loss to be computed towards loss of trees and forests based upon the rates of NPV,

2. Loss of the mineral on account of illegal mining to be computed based upon the quantity excavated which has been found to be 52,283,390 MT of mineral of which 80% has been estimated as Chejja Pathar i.e. 41,830,772 MT with an estimation in monitory terms of Rs. 430.80 crores ,

3. Loss to the environment which has to be determined by the RSPCB. In addition to the above, there may be also the issue with regard to the loss of the revenue to the State which would be the loss of the State.

While deciding the main matter and during the course of hearing that had come on record that the stone crushers in Harayana regarding about which 368 informations had been provided by the Harayana State Pollution Control Board (HSPCB) who had been receiving illegall raw material in the form of mineral from Rajasthan. The quantification be carried out on the basis of the installed capacity of the crushers as per the „CTO & CTE‟ with additional evidence thay may be provided including uses of electricity or record of stock & trade / dispatch. We are of the firm view that for the destruction of the environment the market, creditors and suppliers are primarily responsible. After quantifying the loss caused by such stone crushers both in Rajasthan and Haryana, notice of attachment of the property with a direction to deposit the said amount within 30 days be served upon the defaulters failing which action be initiated for recovery and the State of Harayana shall be responsible for assisting the State of Rajasthan in this behalf for recovery of the amount and of depositing the same with the Collector Alwar (Rajasthan).

While above measures have been brought to our notice, the issue of restoration of the environment has so far not been addressed. We would direct the State of Rajasthan to furnish before us a restoration plan for the -10- affected area before this Tribunal. This plan shall include all relevant considerations i.e. of conservation of the area, restoration of forest, back filling with the over burden in case it is still there and also more importantly steps for protecting the area for any future illegal destruction , protection and survival of the plants / trees that may be planted during the current monsoon of 2017 and in future. In addition to the above, the measured for protection and survival and preventing future destruction shall be kept in mind till such time as the Forest Department considers it necessary but for a period of not less than 5 years. The restoration plan be submitted before this Tribunal in the first week of May, 2017 and all necessary steps for arranging plants of local variety from various nurseries which are conducive be identified for this purpose. A restoration plan, if consider necessary looking to the extent of the area may be drawn for 3 years. We make it clear that entire amount that is recovered under the various heads which have been identified shall be kept separately to be utilised for the purpose of restoration of the environment. Since in many cases the Tribunal has already ordered for restoration of the environment, for ensuring compliance of the EC conditions with regard to the plantation, we would direct that the Principal Chief Conservator of Forest and Principal Secretary (Forest), State of Rajasthan for the aforesaid purpose depute a senior officer from the Forest Department to oversee all restoration works who will be responsible for their initiation and execution along with the supervision. The concerned DFOs shall report directly to such officer for submitting the progress of restoration plan. In case any plan has already been drawn up, we would direct the State of Rajasthan to place before us on or before the next date of hearing. On the next date of hearing the State shall also produce before us data with regard to investigation carried out and steps taken by the State against the defaulting persons against whom FIRs were lodged as directed by us in the main matter.

Copy of this order shall be sent to the Chief Secretary along with the Principal Secretary (Forest) and the Principal Chief Conservator of Forest with a copy to Chief Secretary, State of Haryana and the Member Secretary, -11- Haryana State Pollution Control Board.

Let the matter be listed on 5th May, 2017 for compliance.

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) -12- Santosh Mittal & Ors Vs. State of Rajasthan & Ors.

and and Original Application No. 128/2013 (THC) (CZ) Rajesh Kumar Saini and Ors. Vs. State of Rajasthan & Ors.

th 17 January, That , it is further submitted that the forest department has inspected the 2017 area in question and it was found that in total an area admeasuring about 347.67 hectares is adversely effected by illegal mining. That as per NPV (Net Present Value @ 6.60 Lakh Per Ha) total damage to environment which was assessed comes to the tune of Rs 22,94,62,200/- (22 Cr 94 Lakh and 62 thousand and 2 hundred only).

In O.A No. 124/2016 all identified persons found to be indulging in the illegal mining activities and against whom cases have been registered are indicated and they are prima-facie responsible for making good the loss that has been caused to the environment.

In para no. 3 only the amount of loss caused to the forest area has been calculated and the loss to the environment on account of loss of mineral has so far not been calculated. The Mines Department is directed to calculate the aforesaid loss and add to the aforesaid amount that has been mentioned in para no. 2 which has been calculated above. The cumulative amount shall be liable to be recovered from the persons found indulging in mining activities and against whom cases have already been registered and are pending in various courts. We may clarify that the pendency of these cases has nothing to do with so far as the recovery of the amount for loss to the environment is concerned. -13- While, still dealing with the aforesaid matter we would direct the State Government to amend its rules for compounding of the offences by taking into account more pragmatic approach on account of the loss caused to the environment in case of illegal mining and transportation of forest produce / mineral. The compounding amount should be commensurate with the cost for restoration and the loss to the environment.

Our above order shall be brought to the notice of the Chief secretary by the concerned officials of the Mines and the Forest Department for amending the provisions of law with regard to compounding of offences in a more pragmatic manner.

For reporting compliance let the matter be listed on 14th March, 2017.

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) -14- -15- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.

and and Original Application No. 128/2013 (THC) (CZ) Rajesh Kumar Saini and Ors. Vs. State of Rajasthan & Ors.

Learned Counsel for the State of Rajasthan has filed an M.A. No 1069/2016 seeking extension of time for submitting the report in pursuance of the directions of this Tribunal with regard to the work done by the team constituted by the Collector Alwar. Time prayed for is allowed. M.A. No. 1069/2016 stands disposed of.

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) -16- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.

and and Original Application No. 128/2013 (THC) (CZ) Rajesh Kumar Saini and Ors. Vs. State of Rajasthan & Ors.

And Original Application No. 128/2015 (THC) (CZ) Shri Surendra Nath Bhargava Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER PRESENT : Applicant : : None State of RajasthanRSPCB: Shri Sandeep Singh, Advocate HSPCB : : Shri Rohit Sharma, Advocate Respondent No. 9 : Shri Ajay Gupta, Advocate Intervener : : Shri Yogesh Bhatnagar, Advocate for Shri Sidharth Singh, Advocate Date and Orders of the Tribunal Remarks Item No.16, The team constituted by the Collector shall submit the action taken by 17 & 18 -17- them before this Tribunal in terms of our order dtd. 31.08.2016 with names of st 21 November, the persons responsible by 12th December, 2016. 2016

and -18- and Original Application No. 128/2013 (THC) (CZ) Rajesh Kumar Saini and Ors. Vs. State of Rajasthan & Ors.

And Original Application No. 128/2015 (THC) (CZ) Shri Surendra Nath Bhargava Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER PRESENT : Applicant : : None State of RajasthanRSPCB: Shri Sandeep Singh, Advocate HSPCB : : Shri Rohit Sharma, Advocate Respondent No. 9 : Shri Ajay Gupta, Advocate Intervener : : Shri Yogesh Bhatnagar, Advocate for Shri Sidharth Singh, Advocate Date and Orders of the Tribunal Remarks Item No.8,9 & 10 M.A. No. 391/2014 (in O.A. No. 128/2013) was filed by way of 31st August, Contempt Petition no. 1033/2012 and received from the Hon‟ble High Court of 2016 Rajasthan. We disposed of the said Contempt Petition no. 1033/2012 with direction that in case the Applicant so desires, he may move the application in accordance with provision of the National Green Tribunal Act siting specific violation / non compliance. The M.A. No. 391/2014 is accordingly disposed of.

M.As. No. 638/2016 to 640/2016 (in O.A. No. 128/2013) have been preferred by the Stone Crushers owners for seeking direction to quash the show cause notice / the consequential order passed for closure and imposition of penalty. So far as the aforesaid is concerned the Applicant shall approach this Tribunal by way of M.A. They have a right to challenge the same before the Appellate Authority.

It is submitted that at present there is no Appellate Authority constituted in the State of Haryana in accordance with the provision of the Air and Water Acts. It is prayed on behalf of the Applicant that direction may be issued for constitution of the same. We are afraid we cannot issue such a direction. The Learned Counsel appearing for the Haryana Pollution Control Board (HPCB) has, however, brought to our notice that State Govt. has already initiated steps for constitution of the Appellate Authority. Be that as it may, in case the Appellate Authority is constituted the Applicant who have the -19- statutory right of appeal may approach the same and in case any delay they may approach before the Hon‟ble High Court for issuance of mandamus in that behalf.

With the aforesaid observations the M.As. No. 638/2016, 639/2016 & 640/2016 stand disposed of.

Pursuant to our order dtd. No. 17.08.2016 the State of Rajasthan has submitted information with regard to number of cases of illegal mining registered as also under Forest Act. The information with regard to the vehicles and equipments seized and the extent of the affected area has also been provided. They have also submitted a restoration plan for carrying out the aforesaid work. While we have perused the same we have also perused the report placed before us titled „plan for controlling illegal mining and restoration of forest area affected by illegal mining in Aravali Hills of Alwar District' by Shri P.D. Gupta, Dy. Conservator of Forest, Alwar. We have noted the fact that a restoration plan has taken into account the need for reforestation of the affected area. The area affected by the illegal mining extends to 2612.64 hectares. There is, however, also a need for quantifying the loss to the environment caused as a result of such illegal mining and destruction of forest. For the aforesaid purpose, we would direct the State Govt. to apply NPV formula for the said purpose for the aforesaid affected area as one of the criteria. In addition, if there is available record of the extent of the damage caused, satellite imageries etc. of the past 20 years these may also be taken into account for quantifying the loss caused to the forest as well as the mineral on account of illegal mining.

Some of the photographs which have been placed in the said report bearing pages no. 10 & 11 of illegal mining in Tapukada & Tijara area of Alwar district speak volumes about the extent of mining that has been carried out. A perusal of the same clearly reveals that same could not have been done in a short period. It only shows the apathy on the part of the District Administration as well as the Mining Department of the State of Rajasthan towards such rampant illegal mining which was carried out unchecked. -20-

The amount so quantified should be recovered from the persons found to be responsible. The responsibility shall be affixed on the basis of any available evidence or on the basis of the cases registered against such persons for various offences including under the Forest and Mines Act. The State shall also make an endeavour as were directed earlier for trying to identify the persons who have benefited from such illegal activities and illegal mining including recipients of such mineral. The liability may also be passed on to such recipients of such illegal mineral which is the stolen property for having caused / abetted the loss to the environment. For the aforesaid purpose a special team may be constituted including officers from the Revenue, Forest, Mines, Police Department and PCB.

We have further directed that the steps which have been taken pursuant to our directions for checking the illegal mining and transportation of mineral shall remain in force including the posting and deployment of the forces as also mobile patrolling units along the available routes.

In view of the various directions which have been issued from time to time including for investigation of the case within the State and of transporting the mineral within and outside the State and the information received from the State of Haryana, those steps shall be expedited. In addition to the above subsequent directions for deployment of the force to check illegal mining shall also be complied with and the said deployment shall remain in force.

In addition, the directions issued today for quantification of the loss caused to the environment and the mineral resources shall also be complied with. Based upon the same the procedure for recovery of the amount from the persons found responsible shall be worked out and followed. The compliance of the above orders shall be reported to this Tribunal. In view of the above the M.As (in Original Application No. 127/2013) filed for intervention bearing no. 770/2015, 771/2015, 819/2015, 840/2015, 24/2016 and 43/2016 stand disposed of.

With the aforesaid observations the Original Applications No. 128/2013, 127/2013 & 128/2015 stands disposed of. Put up on 21.11.2016 for -21- compliance.

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) -22- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER PRESENT : Applicant : : None State of RajasthanRSPCB: Shri Sandeep Singh, Advocate HSPCB : : Shri Rohit Sharma, Advocate Intervener : : Shri Sidharth Singh, Advocate for Shri Yogesh Bhatnagar, Advocate Date and Orders of the Tribunal Remarks Item No.05 M.A. Nos. 638/2016 to 640/2016 17th August, Shri Sandeep Singh, Learned Counsel appearing for the State of 2016 Rajasthan & RSPCB prays for time to submit the information which he has received early morning today and would be filing the same before the Tribunal.

He is further directed to submit the list of defaulters / offenders who have so far been identified and cases registered against them. He will also file a copy of restoration plan as according to Shri Sandeep Singh, Learned Counsel Five Years Plan has been prepared and is already under operation. The cost of restoration shall also be intimated.

Shri Sidharth Singh, Learned Counsel appearing on behalf of Shri Yogesh Bhatnagar submits that he has moved an M.A. No. 638/2016 to 640/2016 for seeking directions for being permitted to operate their stone crusher. It is submitted that against the order passed by the R.O., Pollution Control Board, Haryana they are unable to file the appeal as there is no Appellate Authority. Shri Rohit Sharma, Learned Counsel appearing on behalf of Pollution Control Board Haryana shall submit their response to the same as to why so far no Appellate Authority has not been constituted which is a statutory duty under the Environment (Protection) Act, 1986.

Let the matter be listed on 31st August, 2016.

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) -23- -24- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER PRESENT : Applicant : : None RSPCB: Shri Rohit Sharma, Advocate for Shri Sandeep Singh, Advocate HSPCB : : Shri Rohit Sharma, Advocate Intervener : : Shri Yogesh Bhatnagar, Advocate Date and Orders of the Tribunal Remarks Item No.04 M.As. No. 639/2016 & 640/2016 have been filed by M/s Saleem 11th July, 2016 Stone Crusher Company. Copies of which have been provided to the Learned Counsel for the Haryana State Pollution Control Board. He prays for time to submit the reply. In the meanwhile, Counsel for the Applicant also prays for time to submit whether any application or mandamus has been submitted for constitution of appellate authority.

Learned Counsel for the State of Rajasthan shall also apprise the status with regard to the ongoing investigations in the matter of the illegal mining and stone crushing regarding which material has already been supplied in the Mining Department, State of Haryana.

Let the matter be listed on 17th August, 2016.

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) -25- -26- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER PRESENT : Applicant : : None RSPCB: Shri Rohit Sharma, Advocate for Shri Sandeep Singh, Advocate State of Rajasthan : Shri Om S. Shrivastav, Advocate for Shri Sandeep Singh, Advocate HSPCB : : Shri Rohit Sharma, Advocate Date and Orders of the Tribunal Remarks Item No.03 Learned Counsel for the parties submits that we are awaiting the 29th April, 2016 judgement in the matter which has so far not been passed by the Hon‟ble Principal Bench at New Delhi. Learned Counsels pray that the matter may be listed after vacation.

Let the matter be listed on 11th July, 2016.

In the meanwhile, it would be open for the Learned Counsel to draw the attention of the Tribunal in case the judgment of the Principal Bench is delivered before the said date.

........................................,JM (DALIP SINGH ) .........................................,EM (Dr. S.S.GARBYAL) -27- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE SONAM PHINTSO WANGDI, JUDICIAL MEMBER HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER PRESENT : Applicant : : None State of Rajasthan &RSPCB: Shri Om S.Shrivastav, Advocate for Shri Sandeep Singh, Advocate HSPCB : : Shri Rohit Sharma, Advocate Date and Orders of the Tribunal Remarks Item No. 9 Shri Sandeep Singh & Shri Om Shankar Shrivastav, Learned 8th March, 2016 Counsels appearing on behalf of State of Rajasthan submit that the M.A. No. 24/2016 in the matter of Himmat Singh Shekhawat in which very the question involved the present case is under consideration has been finally heard on 18.02.2016 at Principal Bench, New Delhi and is reserved for judgement.

Let this matter be adjourned to 29th April, 2016 awaiting the judgement of Principal Bench in the matter of Himmat Singh Shekhawat. If the judgment is pronounced during the interregnum, the Learned Counsel shall inform us in order to take further steps.

........................................,JM (SONAM PHINTSO WANGDI ) .........................................,EM (Dr. S.S.GARBYAL) -28- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER PRESENT : Applicant : : None State of Rajasthan &RSPCB: Shri Om S.Shrivastav, Advocate for Shri Sandeep Singh, Advocate HSPCB : : Shri Rohit Sharma, Advocate Date and Orders of the Tribunal Remarks Item No. 6 Learned Counsel Shri Om S.Shrivastav informed the Bench that the 17th February, Principal Bench is taking up the matter tomorrow. For reporting the progress 2016 made before the Principal Bench, let the matter be listed on 8th March, 2016.

........................................,JM (DALIP SINGH) .........................................,EM (Dr. S.S.GARBYAL) -29- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER PRESENT : Applicant : : None State of Rajasthan &RSPCB: Shri Om S.Shrivastav, Advocate for Shri Sandeep Singh, Advocate Shri Pusphendra Meena, AME, Alwar Intervener : Shri Yogesh Bhatnagar, Advocate Date and Orders of the Tribunal Remarks Item No. 2 It is submitted that the matter with reference to further directions in 1st February, the light of judgment in Himmat Singh case are coming up before the 2016 Hon‟ble Principal Bench on 12.02.2016. Learned Counsel for the State of Rajasthan, therefore, submits that matter may be listed after 10.02.2016.

Let the matter be listed on 17th February, 2016.

........................................,JM (DALIP SINGH) .........................................,EM (Dr. S.S.GARBYAL) -30- -31- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. DEVENDRA KUMAR AGRAWAL, EXPERT MEMBER PRESENT : Applicant : : None State of Rajasthan &RSPCB: Shri Sandeep Singh, Advocate Shri Om S.Shrivastav, Advocate Shri S.P.Sharma, ME Shri Narendra Khatik, AE Date and Orders of the Tribunal Remarks Item No. 2 A compliance report by way of M.A.No. 43/2016 with the prayer to 18th January, take on record the documents annexed with the said M.A has been filed by 2016 the State of Rajasthan in compliance of our order of 22.12.2015.

As regards to our direction for cancellation of the mining lease of such lease holders who have failed to apply for EC pursuant to the judgment in Himmat Singh's case of 13.01.2015, it has been submitted before us that the State of Rajasthan has moved M.A.No. 24/2016 before the Principal Bench in the matter of Himmat Singh's vs. State of Rajasthan with the prayer for seeking direction for extension of time for implementation of the directions contained in the final order dated 13.01.2015 by a further period of 12 months or any such reasonable period which the Hon‟ble Tribunal may deem fit. It is submitted that in view of the above, the directions that this Tribunal has granted for cancellation of the leases of the persons who have failed to submit the applications within the time allowed in Himmat Singh's case of six months with effect from 13.01.2015 will not be insisted upon.

In our opinion, the facts mentioned in the application pertaining to increase in the workload of SEIAA as a result of large number of applications having been filed may be a valid consideration for extension of time for the consideration of the said applications and that cannot make out a ground for extension of time for submission of the applications by the leaseholders. Learned Counsel for the State assisted by Mining Engineer, Alwar, informed us that circulars in compliance of the directions of Himmat -32- Singh's were issued by the Mining Department to leaseholders intimating them for submitting the application in terms of the directions given in Himmat Singh's case and particularly the time frame within which such applications were required to be filed. We also put to the Learned Counsel for the State and to the Officer from the Mining Department whether such information could have been given to each individual leaseholders at the time when they came for obtaining the ravanna books periodically at an interval of two to three months when every leaseholder is required to obtain such ravanna books from the Mining Engineer concerned. It is therefore, possible for the State even looking to the fact that have been stated in the application that there are 33,000 mining leases in the State and sufficient time was available to the concerned department to convey to each of the leaseholder the information regarding the directions in Himmat Singh's case for need of EC.

A distinction therefore, needs to be drawn between submission of application by each mining leaseholders and the disposal finally by SEIAA Rajasthan of every such application submitted before it by an individual lessee could easily be complied with submission of the application. We find it difficult to understand the State Government‟s stand seeking extension for further period of 12 months since 13.01.2015 for submission of the application. We would therefore, direct that a copy of this order shall be placed before the Hon‟ble Principal Bench NGT, at the time of consideration of the application M.A. 24/2016 submitted by the State before the Hon‟ble Principal Bench NGT. The inaction on the part of the State cannot be considered as an excuse the State brim over its inaction to comply with directions for protection of the environment in the light of the directions in Himmat Singh's case.

This Tribunal has already explained the scope of the order passed on the application submitted on behalf of the miners association in the State of M.P. while granting them extension. That was a peculiar case, where some leaseholders submitted a review application and it was pending the decision -33- of the review application against the main Judgement dated 13.01.2015 in Himmat Singh's case that they failed to submit the applications for the grant of EC. It was in that light, the time was extended for submitting the applications for the grant of EC to the members of the association and the applicants who were prevented by reasonable cause for submitting the application pending the decision on their review application. Thus the order cited by the Learned Counsel for the State granting extension to the leaseholders in M.P for submitting the application is clearly distinguished. However, since the application is pending before the Hon‟ble Principal Bench NGT, and is likely to come up on 19.01.2015 as submitted by the Learned Counsel.

We would direct the Learned Counsel for the State to apprise the Hon‟ble Principal Bench NGT, of the above order. For further consideration in the light of the order passed by the Principal Bench NGT on M.A. No. 24/2016, let the matter be listed on 1st February, 2016 as prayed.

........................................,JM (DALIP SINGH) .........................................,EM (Dr. D.K.AGRAWAL) -34- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.

and M.A.No. 771/2015, 819/2015 & 840/2015 CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. DEVENDRA KUMAR AGRAWAL, EXPERT MEMBER PRESENT : Applicant : : None State of Rajasthan &RSPCB: Shri Sandeep Singh, Advocate Shri D.S.Roat, ME Shri S.P.Sharma, ME HSPCB : : Shri Rohit Sharma, Advocate Shri Shailendu Arora, AEE For Stone Crushers : Shri Prasthan Sthapak, Advocate (Interveners) Mr. Deepesh Shukla, Advocate Ms. Swapnil Gupta, Advocate Shri Siddharth Singh, Advocate Shri Yogesh Bhatnagar, Advocate Date and Orders of the Tribunal Remarks Item No. 7 State of Rajasthan has filed two sets of documents with compliance 22nd December, report in respect of the investigation carried out so far by the Mining 2015 Department based upon the information provided by the HSPCB and State of Haryana to it.

In the District of Alwar, as per the information provided, there are in all 376 mining leases awarded. Out of these 178 are lying closed on account of the lease holders not having the ECs and / or consent to operate. For each one of them, the closure dates differ which varies from 1992 till date.

Likewise in so far as District Bharatpur is concerned, total number of mines lying closed are 520 on account of their not having obtained ECs and / or consent to operate.

In both these Districts, these 178 and 520 mining leases, therefore, in the light of the directions issued from time to time including those in Himmat Singh by the NGT vide its judgment dated 13.01.2015, we would direct that the State Mining Department would cancel the mining leases forthwith. The aforesaid task shall be completed by 15.01.2016. Upon revocation of the leases and their cancellation, the possession of the premises shall be taken by -35- the State Mining Department and in case any equipments, etc. is found on the premises after 15.01.2016, the same shall be taken possession by the Mining Department.

From the reply of the State of Rajasthan, as regards the comparison and looking into the quantity of the gitti and mineral sent to various crushers in Haryana and compare the quantity with the quantity in ravannas submitted with the capacity of the concerned stone crusher and mines, the State of Rajasthan has carried out the task and has found the facts which have been stated in the statement Annexure - 1 in District Bharatpur, Jhunjhunu, Alwar, Tehsil Neemkathana in District Sikar and Tehsil Kotputli in District Jaipur. Not surprisingly, the amount of mineral received by the crushers in Haryana is far less than the quantity of the capacity installed at each of these stone crushers. This could be verified with the electricity consumption, the duration for which the stone crushers were operated, the quantity of supplies made by it from the stone crushers and other means. In the statement that has been supplied before us, it has been revealed that as many as 232 ravannas were fabricated and not issued by the Mining Department in Rajasthan and even the name of the mining leases which appear on these ravannas are fabricated. 254 are as such illegible, 33 out of them are second copies which could not have reached the stone crushers as they were required to be submitted at the check post. Similar is the scenario in the case of transit passes where also forged documents have been found. The principal submissions made by the Learned Counsel for the State is that the quantity for which the ravannas have been submitted is 58004 MT for around 400 stone crushers along the Rajasthan - Haryana border, out of more than 800 crushers which have been installed in the State of Haryana as per the information from the HSPCB. The submission of the Learned Counsel for the State of Haryana is that the supplied quantity is far less than the daily requirement quantity for which transit passes has been submitted. This gives rise to the fact that a lot of illegal excavation and transportation of mineral from the mines in Rajasthan is taking place in Haryana even if -36- partially it may be assumed that some mineral is being consumed within the State itself. It is also submitted before us that fabricated documents are produced by the stone crusher units which have been forwarded by the HSPCB to the State of Rajasthan. In that light, looking to whatever has been revealed in this entire investigation and preliminary enquiry by the Mining Department of the State of Rajasthan, we would direct the State of Rajasthan and Mining Department in particular to lodge an FIR in this behalf so that the matter can be investigated for various offences. The accused in this behalf would be the mining lease holders, the transporters as well as the persons engaged in the illegal mining and also the operators of the stone crushers units in Haryana for which investigation needs to be carried out by the State Agencies. The State of Rajasthan also needs to scrutinize the records submitted by the mining lease owners in District Bharatpur, Alwar, Jhunjhunu, Tehsil Neemkathana in District Sikar and Tehsil Kotputli in District Jaipur.

In para 7 of the compliance report which has been submitted today, it has been submitted that certain areas being remote, difficulties in installing the CCTV cameras is being felt on account of lack of infrastructure. It is, however, submitted by the Learned Counsel for the State of Rajasthan that the State Government and Mining Department in particular are in the process of having an online monitoring system from the mines in respect of ravannas and transit passed but here again some infrastructure problems are being felt before starting with such procedure. Even assuming that there may be areas where such infrastructure problems may arise, however, in areas where such infrastructure like electricity, etc exits, the provisions for online grant of ravannas and installation of CCTV cameras need to be looked into and implemented as early as possible. It is common knowledge and even the revelation from the record show that is most of the ravannas apart from the putting the names of consignee, there is hardly any information provided. All the columns of ravannas need to be filled in properly and not merely the consignee and destination as in most of the cases, the destination is only -37- given. Such ravannas which do not provide the full particulars should not be accepted by the Mining Department and such third copy which comes to the Mining Department, if it does not contain such information should not be considered legal and the quantity of mineral should be considered as amounting to theft for illegal excavation. Such direction need to be issued by the Mines and Geology Department, Government of Rajasthan in this behalf.

In the areas where mining leases have been cancelled or where mines have been abandoned, all measures in respect of creating green belt and forest in the same shall be examined at the earliest and steps and plans formulated for restoration of the area so that before the onset of next monsoon all plans are put in place for reclamation and restoration of the area.

M.A.No. 771/2015, 819/2015 & 840/2015 These M.As. have been filed on behalf of the stone crushers in the Haryana with the prayer that they have been issued closure direction in pursuance of the directions issued by this Tribunal on 07.04.2015 and 18.05.2015. As such this Tribunal should now pass orders for setting aside the closure directions and allowing them to operate.

In so far as the action taken by the HSPCB is concerned whether it is for closure direction or for seeking clarification is concerned, the recourse is that these orders passed by the HSPCB can be challenged before the appropriate appellate authority and the appellate authority can decide the same in accordance with law.

For action taken report from the State of Rajasthan and RSPCB, the matter be listed on 18th January, 2016.

........................................,JM (DALIP SINGH) .........................................,EM (Dr. D.K.AGRAWAL) -38- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.

and M.A.No. 765/2015 & 766/2015 CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE Dr. DEVENDRA KUMAR AGRAWAL, EXPERT MEMBER PRESENT : Applicant : : None State of Rajasthan &RSPCB: Shri Sandeep Singh, Advocate HSPCB : : Shri Om S.Shrivastav, Advocate Date and Orders of the Tribunal Remarks Item No. 5 Shri Sandeep Singh appearing for the State of Rajasthan as well as 30th November, the RSPCB prays for further time to file the affidavit with regard to the steps 2015 taken pursuant to the receipt of the information (documents) from the State of Haryana and HSPCB in terms of our earlier directions. We are inclined to grant time as prayed in view of the voluminous record that has been submitted by the HSPCB and State of Haryana to the Rajasthan authorities. However, in the meanwhile, based upon the information that was submitted before us by the State of Rajasthan along with the letter of the RO, RSPCB, Bharatpur dated 30.04.2015 and similar information from RO, RSPCB Alwar as well, we direct that all mines and stone crushers which are not having ECs shall be closed down with immediate effect and the District Collectors and Mining Engineer of both these Districts of Alwar and Bharatpur on being furnishing of the information of the RO, RSPCB of both the Districts shall take immediate action in this behalf. For taking immediate action, the electricity and water connections to the stone crushers shall be immediately disconnected and any alternate power source such as DG sets shall be impounded by the State authorities. As regards the mines, which did not have the ECs shall be immediately closed and the Mining Engineer concerned along with Revenue Officials shall ensure that no further mining activity is allowed to carry on. It is further made clear that in terms of the order passed by the Hon‟ble Principal Bench, NGT such mining lease holders who had submitted their applications for the grant of EC and have so -39- far not been granted or no decision has been taken on the said application and such application were submitted within the prescribed time, shall be allowed to continue and operate whereas all other mining leases shall immediately be closed.

M.A.No. 765/2015

This application has been moved by Shri Shashank Pandey on behalf of M/s Sadashiv Stone Crusher, Village Garhi Khudana, District Mohindergarh, Haryana. The M.A. is allowed. He is allowed to intervene in the matter and assist the Tribunal.

M.A.No. 766/2015

Shri Yogesh Bhatnagar, Learned Counsel appearing on behalf of M/s Rao Stone Crushers, Village Dhulawat, Tehsil Tauru, District Mewat, Gurgaon North has moved M.A.No. 766/2015 for being allowed to intervene in the matter. The said M.A.No. 766/2015 is allowed and he is allowed to intervene and assist the Tribunal in the matter.

Some information has been provided to us by the Learned Counsel about the ongoing activities. We would also like to know from the State Government, the response as to why in the light of the facts that are being revealed, the matter should not be handed over for investigation and registering of case against the persons who are responsible to the CBI, not only in terms of the loss to the revenue and theft of the mineral as also the loss to the environment that has been caused.

Before us from the side of the interveners along with their applications, copies of their ravannas have also been filed. We find that there is lot of scope for manipulation of these ravannas and there is every possibility of the misuse of the ravannas. It is admitted before us that the royalty receipt books are given to the mining lease holders themselves to be filled in. In each of these receipts, the weight of the mineral is uniformly filled which appears to be equivalent to the registered laden weight (RLW) as per the registration certificate of the vehicle concerned. There is no verification of the same at the weigh bridge which has been attached to each -40- of these ravannas to verify whether or not the quantity mentioned in the ravanna is correct. Similarly, to avoid any misuse or subsequent use of the same ravanna, a cancellation stamp must be put with date and time on each of these ravanna at the check point. These ravanna receipts are mostly blank with virtually no information to whom and where the material is being sent. The receipt need to be filled in giving all the particulars in detail.

We feel that it is necessary to direct that both at the exit point of the mining lease as well as other check points, the State must be directed to install CCTV cameras to record the movements of the vehicle so also on the weigh bridge so as to note the identity of the vehicle and the weight that is being shown of the vehicle mineral being transported. These steps should be complete within one month from today at all the check-points that we have indicated hereinabove. The State also need to rethink on its policy of granting contracts for royalty collection. We feel that most of the times, the persons who are incharge of the check points are abettors for the destruction of the environment for allowing such vehicles to carry the mineral without verifying the necessary information.

In so far as this Application is concerned, since the mineral is being transported to the stone crushers, the name of the stone crusher necessarily must be filled in with the registration numbers of the stone crusher to which the mineral is being transported and its location. All this data needs to be complied and put into the computer and must be verified periodically in respect of mine lease holders and stone crushers both.

Let the matter be listed on 22nd December, 2015 on which date we would expect some steps to have been taken by the State of Rajasthan in this behalf.

........................................,JM (DALIP SINGH) .........................................,EM (Dr. D.K.AGRAWAL) -41- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER PRESENT : Applicant : : None State of Rajasthan &RSPCB: Shri Sandeep Singh, Advocate HSPCB : : Shri Rohit Sharma, Advocate Date and Orders of the Tribunal Remarks Item No. 11 Learned Counsel for the State of Rajasthan submits that OIC is 29th September, appearing in the case of Mansingh Gurjar before the Principal Bench at New 2015. Delhi. He prays that the matter be listed on 30th November, 2015.

........................................,JM (DALIP SINGH) .........................................,EM (BIKRAM SINGH SAJWAN) -42- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER PRESENT : Applicant : : None State of Rajasthan &RSPCB: Shri Sandeep Singh, Advocate HSPCB : : Shri Rohit Sharma, Advocate Shri Kuldeep Singh, Env. Engineer Date and Orders of the Tribunal Remarks Item No. 1 Learned Counsel appearing for the Haryana State Pollution Control 18th August, Board has submitted before us that in the State of Haryana there are about 900 2015 stone crushing units. It is also submitted that mining activity in the State of Haryana in pursuance of Hon‟ble Supreme Court order is banned and as such these stone crushing units located in Haryana are solely dependent upon the raw material being supplied from about 185 mining leases being operational in Rajasthan. The list of these 185 mining leases has also been furnished by the Learned Counsel and the same has been supplied to the State of Rajasthan. It has been further submitted that HSPCB has sought the information from each and every stone crushing units regarding the source of raw material. It is submitted that approximately 10 or more such stone crushing units have not supplied the aforesaid information. It is also given out that such stone crushing units who have not supplied the information have the installed capacity of about 100 tonnes per day.

In the first instance, we direct that we would be inclined to raise presumption in the case of those crushing units which have not supplied the requisite information regarding the source of raw material that they are using raw material from other than legalised source and they are causing the damage to the environment. In that view of the matter, we would direct the HSPCB as well as the State of Haryana to issue notice to the aforesaid 10 stone crushing units or whatever the number be, who have not furnished the requisite -43- information that they shall be liable for restoring the environment on the formulae @ Rs. 1,000/- per tonne multiplied by 100x300. The details of such defaulting units shall also be furnished before this Tribunal along with show cause notice.

In the meanwhile, steps to attach the properties against the recovery of said sum will be taken by the State Government / District Administration within whose jurisdiction these stone crushing units are located.

Learned Counsel appearing for the State of Rajasthan on being provided with the necessary information by the State of Haryana with respect to various mines which are said to be the source of procurement of raw material by the stone crushing units located in Haryana submits that since the task is quite voluminous, they would require some time to ascertain and verify the details both with regard to the valid mining leases and also with regard to the quantity which such mining leases have been supplied to the stone crushing units in Haryana after going through the records of the State mining leases in this behalf.

Learned Counsel prays for six weeks‟ time.

Let the matter be listed on 29th September, 2015.

........................................,JM (DALIP SINGH) .........................................,EM (BIKRAM SINGH SAJWAN) -44- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL M.A. No. 307 and Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. RANJAN CHATTERJEE, EXPERT MEMBER PRESENT : Applicant : : None appeared State of Rajasthan &RSPCB: Shri Sandeep Singh, Advocate HSPCB : : Ms. Anjum Firoz, Advocate for Shri Rohit Sharma, Advocate Date and Orders of the Tribunal Remarks Item No. 6 M.A. No. 307/2015 22nd May, 2015 Misc. Application No. 307/2015 has been submitted by Shri Rohit Sharma, Advocate on behalf of Haryana State Pollution Control Board with the prayer for adjournment. Misc. Application No. 307/2015 stands disposed of.

Shri Sandeep Singh, Learned Counsel for Rajasthan State Pollution Control Board has placed for our perusal the information received by him in respect of 3 Districts where the mining leases regarding which the information was furnished by the Haryana State Pollution Control Board from where allegedly the stone crushers in Haryana are receiving the raw material. Learned Counsel for the Rajasthan State Pollution Control Board and State of Rajasthan submitted that in many such cases regarding which information has been furnished to the Haryana State Pollution Control Board from Rajasthan that there are no such mining leases in existence regarding. In that view of the matter we direct that based upon the information submitted by the Rajasthan State to its counterpart in Haryana State shall take immediate action with regard to the cancellation of the consent and closure of the crushing units by disconnecting the electricity etc. in accordance with law.

Learned Counsel for the State of Rajasthan & Rajasthan State Pollution Control Board submitted that the HSPCB may be directed to -45- provide any additional information in the form of details of Ravanna and transit passes of the vehicle carrying raw material from the Rajasthan. Stone Crushing Units may be directed by the Haryana State Pollution Control Board to provide the said information so that details and information may be verified.

We grant 6 weeks time to Haryana Sate Pollution Control Board to comply and submit the information to the Rajasthan State Pollution Control Board. On receipt of the information the Rajasthan State Pollution Control Board shall carry out the necessary spot inspection and verification and submit their response and action taken on the next date. The State of Rajasthan shall also co-operate with the Rajasthan State Pollution Control Board for carrying out verification based upon the information provided by the Haryana State Pollution Control Board.

Let the matter be listed on 18th August, 2015.

........................................,JM (DALIP SINGH) .........................................,EM (RANJAN CHATTERJEE) -46- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL M.A. No. 268/2015 in Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. RANJAN CHATTERJEE, EXPERT MEMBER PRESENT : Applicant : : None appeared State of Rajasthan : Shri Sachin K. Verma, Advocate RSPCB : Shri Rohit Shama, Advocate for Shri Sandeep Singh, Advocate HSPCB : : Shri S.D. Bhatti, Dist. Attorney Shri Kuldeep Singh, R.O. Intervener : Shri Yogesh Bhatnagar, Advocate Date and Orders of the Tribunal Remarks M.A. No. 268/2015 Item No. 3 Misc. Application No. 268/2015 has been submitted by M/s Ganesh 6th May, 2015 Stone Crusher Village Silkho, Tehsil, Tauru, District Mewat,Haryana praying that he may be permitted to be impleaded as party Respondent in the instant case. The application has been submitted in view of the fact that this Tribunal had passed an order on 07.04.2015 directing the Haryana State Pollution Control Board (HSPCB) to disclose the list of stone crushing units in Harayan and also give the source from where such units are obtaining the raw material as in the adjoining State of Haryana, stone quarrying/mining of stone have been prohibited. He submits that the party has received a show cause notice issued by the HSPCB in this behalf and fears that any order passed in the matter in pursuance of the order dtd. 07.04.2015 may adversely affect the intervener/applicant.

-47- We have heard the Learned Counsel for the intervener/applicant M/s Ganesh Stone Crusher and feel that the application is premature. As Learned Counsel for the HSPCB has submitted the time granted under the show cause notice of 15 days has just expired and they will examine the replies received from each individual party and pass appropriate orders in accordance with law.

We are, therefore, of the view that it is premature for the intervener/Applicant to approach this Tribunal by means of the present application and it is only in the event that any adverse order being passed by the HSPCB that he may if so advised that with regard to the remedy available for such order and then approach this Tribunal as the case may be. With the aforesaid observations the above Misc. Application No. 268/2015 stands dismissed.

The Learned Counsel for the HSPCB submitted that they have issued notices to the respective stone crushing units established in Harayan particularly those who have not disclosed the source of the raw material as to why their consent be not withdrawn and they may be asked to close down their units. It is submitted that the 15 days period under notice is due to expire and order in pursuance of the replies shall be passed in accordance with law shortly. It was also submitted that HSPCB has conveyed the information to its counterpart, the Rajasthan State Pollution Control Board (RSPCB) vide their communication dtd. 24.04.2014 providing the information by some of the stone crushing units to whom consent have been granted by the HSPCB based upon the information pertaining to procurement of the raw material from Rajasthan. It was submitted that the RSPCB based upon the information so supplied is undertaking the exercise of verifying the facts and information provided by the HSPCB.

Shri Rohit Sharma, Learned Counsel appearing today on behalf of Shri Sandeep Singh, Learned Counsel for the RSPCB is directed to apprise the RSPCB to verify the information and the details provided by the HSPCB and take action in accordance with law. The said action taken by the RSPCB in -48- each individual case in respect of stone crushing units as has been provided by the HSPCB shall be communicated by the RSPCB to its counterpart in Haryana for necessary in that behalf.

List this matter on 22nd May, 2015.

........................................,JM (DALIP SINGH) .........................................,EM (RANJAN CHATTERJEE) -49- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. RANJAN CHATTERJEE, EXPERT MEMBER PRESENT : Applicant : : None appeared State of Rajasthan : Shri Sachin K. Verma, Advocate RSPCB : Shri Sandeep Singh, Advocate HSPCB : : Shri S.D. Bhatti, Dist. Attorney Shri Kuldeep Singh, Env. Engineer.

Date    and                                   Orders of the Tribunal
Remarks

Item No. 1

In terms of our directions the Learned Counsel for the Haryana State 7th April, 2015 Pollution Control Board (HSPCB) have filed the report along with Annexure R/3 which is the list of 825 crushing units established in Haryana with their names, date of grant of consent, source of raw material that has been mined, that is from where the raw material mineral is being brought for use in the crushing units and other data. Copy of this list has been provided to the Learned Counsel for State as well. The Learned Counsel for the Rajasthan State Pollution Control Board (RSPCB) has also gone through the said list and the State of Rajasthan is also verifying the details of the origin i.e. the source from where the minerals is said to be provided to the crushing units in Rajasthan. Though, for our perusal a list has been produced by the Learned Counsel for the State, however, he submits that the details investigation with regard to the same will be carried out in consultation with the authority of the RSPCB as in most of the cases the details which have not been provided by the HSPCB with regard to the alleged mines from where the raw material is said to be sourced by the crushing units in Harayana are prima facie not in existence in many cases.

While going through the list submitted by the HSPCB we find that at the time for applying for the consent details have not been submitted by the Project Proponent with regard to the source from where the raw material for the crushing unit will be obtained. In such cases we are of the view notice be -50- issued by the HSPCB to the concerning crushing units to submit the legitimate source of such raw material and in case the HSPCB is not satisfied after verifying the details with regard to the source, they shall take appropriate action with regard to closure of such units and revoking of consent in accordance with law. The same shall be intimated to the State of Rajasthan through the Chief Secretary in the State of Haryana as also to the RSPCB which in turn shall take appropriate action based upon the information provided by the HSPCB.

As prayed, let the matter be listed on 06.05.2015.

........................................,JM (DALIP SINGH) .........................................,EM (RANJAN CHATTERJEE) -51- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. RANJAN CHATTERJEE, EXPERT MEMBER PRESENT : Applicant : : None appeared Date and Orders of the Tribunal Remarks Item No. 1 Present none.

1st April, 2015 In view of the order passed on 03.03.2015, the Respondents as well as the Government of Haryana and Haryana State Pollution Control Board were required to file the requisite information.

The Registry shall send reminders about the date of hearing to the respective parties for their appearance before the Tribunal on the next date.

List the matter on 7th April, 2015.

........................................,JM (DALIP SINGH) .........................................,EM (RANJAN CHATTERJEE) -52- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.


CORAM :     HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER
            HON'BLE MR. P.S.RAO, EXPERT MEMBER

PRESENT : Applicant :                      :        None appeared
          Respondent No. 1 to 8            :        Shri Sachin Verma, Advocate
          RSPCB                            :        Shri Rohit Sharma,Advocate
                                                    Shri S.P. Sharma, Mining
            HSPCB                          :        Shri S.D.Bhatti, District Attorney
                                                    Shri Kuldeep Singh, Env. Engineer

   Date and                                    Orders of the Tribunal
   Remarks

   Item No. 1          Pursuant to our order of 24.11.2014, issued after taking note of the

3rd March, letter of the Chief Secretary, Government of Rajasthan dated 19.05.2014, 2015 notices were issued to the Haryana State Pollution Control Board (HSPCB) in pursuance of which on 12.01.2015 Shri S.D.Bhatti, District Attorney appeared on behalf of the HSPCB and sought time to submit the reply to the issues raised in the order dated 24.11.2014 arising out of the points mentioned in the reply letter of the CS, Govt. of Haryana.

Today reply (written statement) has been submitted on behalf of the HSPCB with the affidavit of the Member Secretary. In Para 4, which is relevant for our purpose in the light of the letter of Chief Secretary, Govt. of Haryana, referred to above, it is stated as follows :

"4. That it is submitted that the Govt. of Haryana, Environmental Department had issued notification earlier on 18.12.1997, wherein it has been notified in Schedule-II under item no. II, clause H wherein it has been provided that the stone crushing unit will furnish on demand of the HSPCB, the complete date relating to the sources and quality of raw material legitimately utilized or exploited by the Stone Crushing units as also its production data and taxes and duties paid as applicable thereon under the law of land. The copy of notification dated 18.12.1997 is annexed as Annexure R-I."

Copy of the said notification has also been filed along with the said written statement where in the notification dated 18.12.1997 Para H referred to -53- in Para 4 of the reply, it has been stated as follows :

"H. The Stone Crushing Units will furnish on demand to the Haryana State Pollution Control Board the complete data relating to the sources and quantity of raw material legitimately utilised or exploited by the Stone Crushing units as also its production data and taxes and duties paid as applicable thereon under the law of land."

Based upon the above, since the issue pertains to illegal mining in Rajasthan and the said material being mined from Rajasthan as per the reply of the Chief Secretary, Govt. of Haryana, is being used by the crusher units in Haryana where stone mining is banned. The HSPCB shall furnish the said information after obtaining the same in terms of Para H of the notification dated 18.12.1997 from all the crushing units to whom Consent to Establish and Consent to Operate has been granted by the HSPCB. The said information be supplied before this Tribunal on or before the next date of hearing.

We have also taken note of the order dated 02.03.2015 issued by the Member Secretary, HSPCB (Annexure R/2) filed with the reply wherein it has been stated as follows:

" In view of the above, it is hereby ordered that all the stone crushing units will disclose their source of raw material at the time of obtaining consent to establish and consent to operate and raw material should be obtained from the legal mines. In case at any stage raw material procured from illegal source is found to be used, the sole responsibility will be of the project proponent."

Let the matter be listed for submitting the complete information with regard to the crushing units on 01.04.2015. Meanwhile, weekly reports of action taken be submitted by E-mail by HSPCB to Hon‟ble Tribunal.

We may add that in cases where such raw-material are not obtained by legitimate means, the HSPCB shall take immediate steps against such parties.

List the matter on 1st April, 2015.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -54- -55- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL M.A.No 646/2014 and Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.


CORAM :      HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER
             HON'BLE MR. P.S.RAO, EXPERT MEMBER

PRESENT : Applicant :                      :     None appeared
          Respondent No. 1 to 8            :     Shri Sachin Verma, Advocate
          RSPCB                            :     Shri Rohit Sharma,Advocate
                                                 Shri S.P. Sharma, Mining
             HSPCB                         :     Shri S.D.Bhatti, District Attorney
                                                 Shri Chand Saini, Sr. EE
   Date    and                               Orders of the Tribunal
   Remarks

   Item No. 4              Shri S.D.Bhatti, District Attorney on behalf of the Haryana State

12th January, Pollution Control Board has put in appearance alongwith Shri Chand 2015 Saini, Sr. EE pursuant to our order dated 24.11.2014. He prays for time to submit the reply as well as action taken by the HSPCB with regard to issues indicated in our order dated 24.11.2014.

In the interest of justice, we are inclined to accept the prayer seeking time to file reply as well as the action taken so far. M.A.No 646/2014

The State has submitted this application with the prayer for taking on record the documents annexed therein with regard to work of JFMCs in District Alwar, Rajasthan. The said application is allowed and documents filed alongwith the M.A. are ordered to be taken on record. The M.A.No. 646/2014 accordingly stands disposed of.

Let the matter be listed on 3rd March, 2015.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -56- -57- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. P.S.RAO, EXPERT MEMBER PRESENT :

            Applicant :                :      None appeared
            Respondent No. 1 to 8      :      Shri Sachin Verma, Advocate
            RSPCB :                           Shri Rohit Sharma,Advocate
                                              Shri S.P. Sharma, Mining
  Date        and                          Orders of the Tribunal
  Remarks

  Item No. 3&4             Shri Sachin K.Verma, Counsel for the State of Rajasthan

  24th November,    as well as the Counsel for the Respondent No. 8 have submitted
  2014

compliance report alongwith the documents pertaining to the Joint Forest Management Committees and their working in various forest blocks of Alwar District. One of the issues highlighted was that in villages where such Joint Forest Management Committees have been constituted apart from other benefits, the illegal mining activity has been considerably reduced. In the villages where the locals were not permitted or allowed the formation of the committees, the same is either at the behest of persons indulging in illegal mining or at the behest of the persons benefited out of the same.

This application raises the issue with regard to illegal mining in the areas of Alwar District and those border areas of Rajasthan bordering the State of Haryana. With a view to deal with the issue, we had directed the Chief Secretary, Rajasthan to approach his counterpart in Haryana for taking effective steps for preventing illegal mining as it was felt that most of the illegally mined material from the Aravali hill ranges in Alwar District is being transported to Haryana and to the NCR where there is a big market available and there is a demand for the material.

Pursuant to our order, the Chief Secretary, Haryana sent a -58- reply letter dated 19.05.2014 to the Chief Secretary, Government of Rajasthan wherein the concerns raised by the Chief Secretary, Govt. of Rajasthan based upon our observation in our order dated 01.05.2014 were agreed to. In the letter of the Chief Secretary, to the Govt. of Haryana, under Para 2.5 dealing with the issues of stone crushers, it has been stated as follows :

i. We recognise that a Stone Crusher is invariably the first point of receipt of raw mineral, where it is processed before the material reaches the consumer market. Thus the Stone crushers constitute an important intermediary associated in the chain / process of stone mining.

ii. You may appreciate that any vehicle not having valid documents to show that material laden in the vehicle is obtained from a legal source cannot afford to travel for long distance. Therefore, vehicles carrying illegal mined material from any area operating in the Rajasthan, would, in the first instance be supplying the same to the crushers operating on the Rajasthan side. The illegal operators may come to Haryana side crushers only in case they are not above to off-load the mineral at the stone crusher on the Rajsthan side. It is not clear to us to if the State of Rajasthan has taken any steps to close down its crusher operating in the Districts of Alwar and Bharatpur. iii. In Haryana side, we have stone crushers operating from the Mewat District as well as in the Pali-Mohabatbad Stone Crushing Zone established. In Faridabad district under the directions of the Hon'ble Supreme Court in the year 1994. Obviously, these stone crushers are carrying on their operations with the stone mineral imported / transported from the state of Rajasthan as the mining operations are lying closed on the Haryana side under the directions of the Hon'ble Supreme Court.

iv. Keeping in view that a stone crusher becomes the first recipient of any raw stone mineral and the fact that mining has been lying closed in Haryana, the Mines & Geology Department of Haryana examined the various options. In a matter relating to illegal mining, appreciating the steps taken by the State of Haryana in this behalf, the CEC suggested vide its report dated 30.03.2012 submitted before the Hon'ble Supreme Court that establishment of new crushers be prohibited including the crushers for which applications were under consideration in the districts of Gurgaon and Mewat.

v. The suggestion was examined and it was decided by the State of Haryana vide its order dtd. 21.04.2012 (copy enclosed) that no fresh licences shall be granted for establishment of stone crushers till the matter relating to mining in the state are resolved. However, the above said order were challenged by one of the applicants for establishing a new stone crusher before the Hon'ble Punjab 7 Haryana High Court. The Hon'ble High Court quashed the orders 21.04.2012 with motives ascribed to the State of Haryana and directed to decide the applications for grant of licence on its merit. The relevant extract of the orders dtd. 31.07.2013 of the Hon'ble High Court are reproduced as under :

-59-

".. It appears that said order has been issued with mala-fide intention to given benefit to the existing crushing units so that they can charge the rate of material the way they like. The action taken is totally discriminatory. It violates the provisions of Articles 14 and 19of the Constitution of India".

Similarly situated persons have been dealt with separately. At the time of hearing, no justification was given to issue order dtd. 21.04.2012 stopping grant of new licences to set up crushing units except that it will increase illegal mining. The State is not helpless and if any unit is indulging in illegal activities, action can be taken and the licences can be cancelled. Instead of doing that exercise, a short cut method has been adopted to stop progress of the industry in the State.

In view of the facts mentioned above, the writ petition is allowed. Order of the Government dtd. 21.04.2012 stands quashed. Directions are issued to respondent No. 2 to look into application filed by the petitioners. If it meets the parameters, licence to set up a fresh stone crushing unit be granted forthwith. Respondent No. 2 shall get report from DLCC etc., if it is needed. Needful shall be done in six weeks from the date of receipt of a copy of this order."

vi. You would appreciate that it hurts and highly de-motivating when motives are imputed qua a decision taken in the larger public interest. In view of above background, I would like to assure you that the State of Haryana on its part is already taking action to control the movement of illegally mined mineral from the State of Rajasthan towards Haryana side crushers/consumers. Any proposal to stop illegal mining activity on the Rajasthan side by closing of stone crushers, should first look at closure of the stone crushers of Rajasthan state itself. As already explained above, it is not legally feasible to close down the stone crusher legally operating in the state of Haryana. The proposal would also invite allegations of mala-fide stating that same is being done to given un-due benefit to crushers and illegal miners operating in the State of Rajasthan. We have been informed that unlike many other State Pollution Control Boards in the country which are required to grant consent to establish and consent to operate the stone crushers under the Air Act and other related environmental laws, in the State of Haryana, the SPCB is not insisting the project proponent who is applying for grant of consent to establish a stone crusher, to disclose the source from where the raw material for the stone crusher shall be procured. This assumes importance from what has been indicated by the Chief Secretary of Haryana in the above -60- quoted letter that "Obviously these stone crushers are carrying on their operations with the stone mineral imported / transported from the State of Rajasthan as the mining operations are lying closed on the Haryana side under the directions of the Hon'ble Supreme Court." The Chief Secretary further stated that "Keeping in view that a stone crusher becomes the first recipient of any raw stone mineral and the fact that stone mining has been lying closed in Haryana."

We are of the view that the Haryana State PCB while granting the consent for establishment and operation of the stone crushers in Haryana state by not insisting and not making it mandatory to the project proponent to furnish information regarding the source of the raw material to be used, may be abating the illegal mining activity which has otherwise been banned in the Aravali Region particularly in the State of Haryana as well as in the District of Alwar in Rajasthan.

We would accordingly direct issuance of notice to the Haryana State Pollution Control Board through its Member Secretary to show cause why a uniform policy in accordance with the policy in existence in several other States like Rajasthan and Madhya Pradesh where such consent for establishment and operation of Stone Crushers is based upon the disclosure of source of raw material from the mines from which it is brought, be not made mandatory in the State of Haryana as well particularly since the Chief Secretary of Haryana himself has admitted that "vehicles carrying illegally mined material from any area operating in Rajasthan would in the first instance be supplying the same to the crushers operating on the Rajasthan side. The illegal operators may come to Haryana side crushers only in case they may not be able to offload the material in the crushers at the Rajasthan side." -61-

While the State of Rajasthan has in the recent past taken effective steps for stopping the illegal mining activity including establishment of check posts, chowkis, intensifying patrolling, etc. the same could become redundant if the receiver of stolen property allows the stone crushers to carry on their business and thrive without being checked or asked to disclose the source of their raw material. The replies of the Haryana State Pollution Control Board is sought on the aforesaid issue keeping in view the mandate of Article 48(A) of the Constitution of India as well as the Environment (Protection) Act, 1986 and of other enabling laws in that behalf.

The Registrar, Central Zonal Bench, National Green Tribuna, Bhopal shall serve a copy of this order alongwith a copy of the letter of the Chief Secretary, Haryana dated 19..05.2014 filed before this Tribunal to the Member Secretary, Haryana State Pollution Control Board alongwith the notice.

List on 12th January, 2015.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -62- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL M.A.No. 585/2014 and Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. P.S.RAO, EXPERT MEMBER PRESENT :

            Applicant :                  :       None appeared
            Respondent No. 1 to 8        :       Shri Sachin Verma, Advocate

  Date         and                           Orders of the Tribunal
  Remarks

  Item No. 6                 Pursuant to our order dtd. 25.09.2014 the State of Rajasthan

  15th October,      has filed Misc. Application No. 585/2014 with the prayer for taking
  2014
                     on record the annexed documents therein.           The documents are

ordered to be taken on record. The Misc. Application No. 585/2014 is allowed.

We find from the document that a sketchy information has been provided pursuant to our direction given on 25.09.2014. The Respondents shall file detailed affidavit regarding micro level plans which have been finalised for works to be assigned and carried out by the Forest Protection and Management Committees in the areas in question in the District Alwar and what steps have been taken for finalizing such plans as well as identifying the forest produce which can be shared by the villagers through such plans and the extent of employment generated and revenue going to be released along with benefit sharing mechanism. Unless people are motivated and made to realise their responsibility in protecting the forest and other natural resources in their village limits and fully involve in participatory approach and unless the officers and the staff at cutting age level work selflessly and gain the confidence of the villagers, the purpose of constituting such committees is defeated and the forests and other natural resources are continued to be plundered.

Therefore the importance of such constitution of Committee -63- and the idea behind the same must be understood fully by the concerned officials who in turn regularly interact with the villagers and apprise them regarding the works and progress of such committees.

It must also to be understood as to the causes which have resulted in the deforestation and all efforts must be made towards eradication of such causes.

The Learned Counsel is directed to place before us for our perusal the monitoring and evaluation reports on the implementation of joint forest management programme by involving the Forest Protection and Management Committees in Rajasthan. We find that the said committees have been constituted right from the year 2001 in the District Alwar and such periodical reports which might have been prepared, may be placed for perusal before this Tribunal.

Matter be listed on 24th November,2014.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -64- -65- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL M.A.No. 553/2014 and Original Application No. 127/2013 (THC) (CZ) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. P.S.RAO, EXPERT MEMBER PRESENT :

            Applicant :                 :         None appeared
            Respondent No. 1 to 8       :         Shri Sachin Verma, Advocate
                                                  Shri J.C.Merawat, Asst. Mining Engineer,
            RSPCB :                               Shri Rohit Sharma, Advocate for
                                                  Shri Sandeep Singh, Advocate

  Date         and                            Orders of the Tribunal
  Remarks

  Item No. 4                M.A.No. 553/2014

  25th September,           This M.A. has been filed by Shri Sachin K.Verma with the
  2014

prayer for taking on record the documents filed alongwith the same by way of Annexure RR/AB. The aforesaid documents contain the progress report in compliance of the direction issued by this Tribunal on 28.08.2014 as such we feel that this M.A. deserves to be allowed and the documents filed along with the same are ordered to be taken on record.

The M.A. No. 553/2014 stands disposed of.

Shri Sachin K.Verma pointed out from the compliance report (Annexure RR A/B) filed alongwith the M.A. that five year plan has been prepared for which financial allocation has also been made. The said report contains the details of the works which are to be executed within the current financial year and also of the works to be taken in the subsequent years. Shri Verma also pointed out that point-wise activities have been envisaged and some of the works which have been identified to be carried out, shall be executed with the help of the local people duly constituting the Joint Forest Protection and Management Committees. While, prima facie, it -66- appears that the involvement of the local people may be conducive, we would expect the State to inform this Tribunal whether such committees have already been formed and number of such committees which have been formed in the respective forest ranges of the block. While preparation of the plan, as also the need for carrying out afforestation, the views of the village Forest Protection and Management Committee may also be ascertained with regard to the local requirement particularly as, prima facie it appears that the need of the local people is with regard to fodder requirement and some extent, fire wood. Looking to the aforesaid, the plantation work should be carried out in such a manner that the aforesaid needs are also taken care of.

Shri Sachin K.Verma submits that the response to the above shall be submitted within two weeks.

Let the matter be listed 15th October, 2014.

            Applicant :                 :        None appeared
            Respondent No. 1 to 8       :        Shri Sachin Verma, Advocate with Shri

  Date    and                               Orders of the Tribunal
  Remarks

  Item No. 3      M.A.No. 433/2014

  28th August,          The Respondent No. 2 and 7 have filed this application with
  2014

the prayer for taking on record the documents annexed at RR/1 to RR/3 and the information provided in the said application in pursuance of our order dated 08.08.2014. The aforesaid document is ordered to be taken on record.

We have noted that in Para No. 4 of the application / affidavit the steps which the Respondents plan to undertake in terms of our earlier order for preventing illegal mining and transportation of the minerals as well as the restoration of the area, have been recorded. In the aforesaid measures which are both preventive as well as for the restoration of the environment, the Respondents have indicated the estimated expenditure and the budgetary requirement. We have noted the above information as provided and having gone through the plan. It has been submitted by the Respondents by way of report of the Dy. Conservator of Forests, Alwar indicating the plan for controlling the illegal mining and restoration of forest area affected by illegal mining in Arawali hill ranges of Alwar District. We find that under Chapter 6 the action plan has been mentioned and the chart showing activity with the year-wise budget requirements have also been given. We would require the State to submit before us the time-frame within which various items listed in the said action plan shall be commenced and completed indicating the work to be carried out in each forest block. -68- As was submitted before us, the initial step which has been identified is of demarcation and creating boundary pillars and fencing of the area for protection of the same. The second step which has been outlined is of carrying earth filling work to enable the plantation to be carried out. At the same time the work of making available the necessary planting stock at various nurseries has also to be undertaken by the Forest Department. It has also been given out that necessary infrastructure by way of creating facility for making available water for irrigation and the setting up of check posts etc. shall also be undertaken expeditiously. The aforesaid task which is to be undertaken, shall be indicated and the period for each of such task shall be enumerated by the State alongwith the name and designation of the officers who shall be responsible for carrying out the aforesaid tasks in each of the forest blocks.

We have also noted the fact that the State has instituted cases against various parties and persons for illegal mining and transportation of the mineral from the Arawali belt despite the ban orders. It would be open for the State to issue notices to such of the parties who have caused extensive damage to the eco sensitive Arawali hills by carrying out illegal mining and caused in damage to the forest and environment. For restoration as well as for recovering the loss sustained for damaging the forest and environment the State would be free to approach this Tribunal against such of the parties for making them responsible on the basis of „Polluter Pay Principle‟ and for seeking a direction against such parties for carrying out restoration in the area. This would not preclude the State in any manner for proceeding against these parties with the criminal cases which have already been instituted and for seizure and confiscation of the material as well as the equipment and vehicles used by such parties.

Matter be listed on 25th September, 2014.

-69- ........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -70- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (CZ) (THC) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. P.S.RAO, EXPERT MEMBER PRESENT :

              Applicant :                 :      None appeared
              Respondent No. 1 to 8       :      Shri Sachin Verma, Advocate with Shri
                                                 P.S. Meena, Mining Engineer
                                                 Shri Sandeep Singh, Adv. for RSPCB

Date    and                              Orders of the Tribunal
Remarks

Item No. 1
                         M. A. No. 392/2014
8th August,
2014                     This M.A. has been filed by the State seeking to place on record

the reply on behalf of the Forest Department.

The reply, as prayed for, is taken on record. The M.A. stands disposed of.

M.A. No. 393/2014

This M.A. has been filed by the State seeking to place on record the documents in compliance of our previous order.

The documents are taken on record. The M.A. stands disposed of.

Original Application No. 127/2013 Learned counsel for the State has submitted for our perusal a copy of the order passed by the Addl. District & Sessions Judge, Metropolitan Area, Jaipur in the case of Crl. Rev. No. 79/2014 titled Chavan Khan vs. State of Rajasthan.

It is directed to supply photocopy of the same. With a view to go through the aforesaid material which has been submitted today and for passing further orders, the matter is listed for 28th August, 2014 on which date the State/Forest Department shall submit what steps have been taken by way of carrying out the restoration and reforestation -71- programme so far and what are the activities that the State seeks to undertake in the coming period along with the action plan and site map of the region.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -72- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (CZ) (THC) Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. P.S.RAO, EXPERT MEMBER PRESENT :

             Applicant :                  :        None appeared

             Respondent No. 1 to 8        :        Shri Sachin Verma, Advocate
                                                   Shri Sandeep Singh, Adv. for RSPCB


Date    and                              Orders of the Tribunal
Remarks

Item No. 5              M.A.No. 284/2014

Today, the Learned Counsel for the State has submitted this M.A. 29th May, with the prayer to take on record the submissions made alongwith the 2014 documents annexed on record as they relate to the steps taken by the State in pursuance of the previous order of the Tribunal dated 1st May, 2014.

The prayer made in the application is not opposed by the non- applicants.

This application is, accordingly, allowed and stands disposed of. Original Application No. 127/2013 This O.A. was heard together with O.A. No. 128/2013 on the last date of hearing on 1st May, 2014. Directions were given to the State Government for issuing reminder to the Chief Secretary, State of Haryana to send his response to the letter written to him by the Chief Secretary, State of Rajasthan.

Today, alongwith M.A. No. 284/2014, a copy of the reply of the Chief Secretary, State of Haryana dated 19.05.2014 given to the letter of the Chief Secretary, State of Rajasthan, has been filed. The Chief Secretary, State of Haryana has admitted the fact that illegally mined mineral is brought into the State of Haryana from the State of Rajasthan -73- on a large scale. He has also admitted to the fact that stone crushers in good numbers, are running in the border areas of Rajasthan and Haryana. Government of Haryana took steps for regulating the stone crushers in Haryana and banned establishment of new crushers. But the said order banning establishment of new crushers has been set aside by the Hon‟ble High Court of Punjab & Haryana vide order dated 31st July, 2013. As a result of the said decision, ban on grant of permission for establishment of new crushers is not being implemented in the State of Haryana.

It is not clear whether the aforesaid decision of the Hon‟ble High Court was appealed by the Government of Haryana.

Be that as it may. The facts which remain are (i) as per the letter of the Chief Secretary, Govt. of Haryana no mining is being allowed to be carried out in Haryana, (ii) Crushers are located in the territory of Haryana (iii), the stone crushers so located in Haryana are recipients of the mineral brought from Rajasthan as there is no raw-material available from Haryana side as the mining operations are closed in Haryana under the directions of the Hon‟ble Supreme Court as stated in Para 2.5(iii).

Therefore, the State of Haryana needs to take and implement strong measures to curb illegal mining activities and transportation of mineral from Rajasthan. Mining activities in the Aravali Hill Range of Alwar District have already been banned by the Hon‟ble Supreme Court. In spite of the aforesaid ban, mineral is being transported from Rajasthan particularly from Alwar District where strict measures must be adopted by the State of Rajasthan for checking the vehicles transporting the illicit material. As has been stated in the letter of the Chief Secretary, Haryana vehicles transporting illegally mined mineral often carry fabricated documents in the form of Ravanna from the mines which have valid operational documents and permission. Steps should be put in place for curbing the aforesaid practice. Since the end users of -74- the mineral are the real estate developers in the NCR particularly in the newly developing areas in Haryana it may not be difficult to audit and get the statistics of the quantity of material required and utilized for such projects from the developer concerned. The developer concerned can also be asked to give the information with regard to the source of the raw material (mineral) and the supplier can also be asked the source of such material including the crusher and the mines from where the material is brought. The information given by the crushing units and regular inspection and audit of these mines and stone crushers would help in tracing the mineral whether it is brought from a valid source or being illegally mined.

The Chief Secretary, Govt. of Haryana suggested for calling a meeting of officers of the concerned departments and the District Magistrates of the concerned districts of both the states to which we can only add to include the Superintendents of Police and the aforesaid meeting which has been proposed by the Chief Secretary, Govt. of Haryana at New Delhi, must be convened at the earliest.

The entire exercise which is being carried out in the light of the directions issued by the Hon‟ble Supreme Court with regard to illegal mining and preserving the environment particularly in the Aravalis, has to be taken in real earnest.

In our order of 1st May, 2014 we had also directed the Respondent/State of Rajasthan to obtain the satellite imageries. The learned counsel for the State has submitted that initially there was some problem but now the same has been resolved and the SRSC was requested to furnish the same and also the National Remote Sensing Agency at Hyderabad as well as the Forest Survey of India, Dehra Dun. It was submitted that the necessary information and documents would be made available to the State Government within a period 10 days.

We would, therefore, expect that once the aforesaid satellite data -75- and information is available a detailed study of the same shall be carried out to identify the locations where mining and deforestation has been carried out over a period of time and the same shall be compared and tallied with the available data of valid leases granted for the mining operations and in the areas where no valid leases exist and deforestation has taken place, steps must be taken to restore the forest cover as have been given out in the minutes of the meeting and the 5 year plan prepared for controlling illegal mining and restoration of forest by the Deputy Conservator of Forest, Alwar, for which necessary financial sanctions have been sought and it is submitted that plan shall receive due approval shortly by the State Government. The suggested measures must be immediately put into place.

We may only add that the images from the satellite can also be used for identifying the routes which are and were being used for illegal transportation of mineral and barriers must be put across such routes along with establishing the required patrolling units and check-posts.

So far as the existing sites where mineral has already been excavated and which are prone to further illegal mining and removal of the mineral, check-posts with sufficient staff and strength of armed police shall be provided. Wireless equipment for effective communication should be installed immediately to strengthen communication system and for better coordination between different departments and to prevent any further removal of mined mineral or fresh mining from these areas.

In the report of the Deputy Conservator of Forest, Alwar which has been filed at Annexure R/D we find in Table-II that a number of posts in the Forest Department are lying vacant. Steps must be taken to fill up these vacancies, if effective steps are going to be taken by the Government of Rajasthan to control illegal mining. We would expect that these posts shall be filled before the next date of hearing. -76-

It has also been brought to our notice that vehicles seized while carrying minerals illegally, are being released after imposing fine and penalty. The data submitted before us reveals that in the drive conducted, as many as 457 vehicles were seized in the year 2013-14. We would direct that henceforth any vehicle or equipment that is seized on account of being used in the illegal mining and illegal transportation of such mined mineral, shall not be released without the matter being brought to the notice of this Tribunal.

We have been informed that an amendment has been carried out in the rules and now the Forest Department even at the level of Asst. Conservator of Forests has been empowered to confiscate the seized vehicles and equipment.

Be that as it may. Any such vehicle or equipment seized under the Forest Act or under the Mining laws, shall not be released without the same being brought to the notice of this Tribunal. Necessary instructions in this behalf shall be issued by the State Government to the officials of the Mining Department as well as the Forest Department as it has been found that after the release of such vehicles they are being repeatedly used for the same activity.

The necessity for these measures has to be understood in the light of the report submitted by the Deputy Conservator of Forest, Alwar which has been filed by the State Government itself before this Tribunal along with the affidavit of the Additional Director of Mines, Udaipur wherein the report states that approximately 3000-3500 kg of explosive is used in one go and 4 inch bore holes are drilled to plant explosives to blast hillocks in huge quantity and almost one thousand dumpers each carrying approximately 40-65 tons of mined mineral, are loaded and transported to enter in Haryana State in a single night. That being the magnitude of the problem it is high time the State Government took effective steps to curb the menace since it appears that people who are -77- carrying such illegal activity with impunity are doing it in connivance with the officials or the administration has got no will to check the same.

We would, therefore, like to see some effective steps on ground and by the next date Respondent/State shall submit a report on what measures it has taken within the intervening period and the result of such measures. The State Government shall also furnish not only the details of the number of such cases registered and vehicles impounded but also the name and address of the persons, companies, firms indulging in such activities.

The State Mining Engineer, Government of Haryana has sent a communication dated 20th May, 2014 to the Registrar, Central Zone Bench, Bhopal along with a copy of the letter dated 19th May, 2014 of the Chief Secretary, Govt. of Haryana and related documents. The same is taken on record.

List on 8th August, 2014.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -78- -79- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (CZ) (THC) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.

AND Original Application No. 128/2013 ((CZ) (THC)) Rajesh Kumar Saini and Ors. Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER HON'BLE MR. P.S.RAO, EXPERT MEMBER PRESENT :

             Applicant :                  None appeared
             Respondent No. 9 :           Shri Ajay Gupta, Advocate with
             (in O.A. No. 128/2013)       Shri Nishant Goel, Advocate


Date          and                           Orders of the Tribunal
Remarks

These two O.As i.e. O.A.No. 127/2013 & O.A. No. 128/2013 Item No. 7 pertain to illegal mining in the Aravali hill range, Alwar District, st 1 May, 2014 Rajasthan. This Bench had directed the State of Rajasthan to submit their response with regard to certain specific issues and points raised during the hearing on the previous date i.e 14.03.2014. As regards point no.1 response has been submitted today by the Chief Secretary, State of Rajasthan enclosing a copy of the letter written by him to his counterpart in the State of Haryana on 22nd April, 2014 i.e. after more than a month of having issued direction by this Tribunal and it was submitted that the response from the Chief Secretary, State of Haryana is awaited.

In the meanwhile, we find that in the Daily newspapers the environmental problems arising out of the inaction on the part of the State functionaries in complying with the directions of Hon‟ble Supreme Court with regard to the ban on illegal mining in the Aravali region and more particularly in the Tijara region of District Alwar, have been highlighted. The latest news item dtd.28.04.2014 appearing in the „Times of India‟ clearly speaks about the unchecked illegal mining activity going on in the Aravali hills as well as transportation of the minerals illegally to the NCR with the administration and police turning -80- a blind eye. The issue has been highlighted in detail. Even the photographs printed in the news report show a convoy of trucks (dumpers) lines up carrying the illegally mined minerals as well as totally denuded illegally mined areas where which as per the aforesaid news report, pertain to the area which is visible from the highway and the road. Yet it is all happening in full public gaze and with the knowledge of the administration. It has also been mentioned in the report that blasting is being carried out in the mines and it is causing immense damage to the environment and there is no effort on the part of the administration to check the same. What has been reported in the „Times of India‟ English newspaper is identical to the reports which were filed in the additional petition by way of Annexure-1 dtd. 21.07.2011 indicating that there is no let up in the illegal mining activities.

Submission of the Learned Counsel for the State is that since most of the staff was requisitioned for election duty it is possible that such activity could have occurred. Be that as it may. We find that the aforesaid activity is in total violation and contravention of the orders of the Hon‟ble Supreme Court and therefore the State Government has to take necessary steps for enforcing the directions of the Hon‟ble Supreme Court and ensure that no illegal mining activities in the Aravali hill range as well as Forest area of District Alwar are allowed to be carried out.

It would be the responsibility of the State Government through the Chief Secretary, Secretary, Mines & Geology and Secretary, Forests as well as the Director General of Police and the Home Secretary along with the Transport Commissioner to ensure that no illegal mining is carried out, no such mineral is allowed to be transported, no illegal stone crushing activity is permitted and necessary action to prevent such illegal activities shall be taken up with all seriousness by the State Government of Rajasthan. Contravention of the above, shall be dealt -81- with under Section 26 of the National Green Tribunal Act, 2010 apart from any other provisions that exist either under MMCR, 1986, Forest Conservation Act 1980 and the provisions of IPC. Section 26 of the NGT Act clearly provides that whoever fails to comply with the orders of the Tribunal shall be punishable with imprisonment for a term which may extend to three years and fine which may extend up to an amount of Rupees Ten Crores or with both and failure to comply would further entail extended liability of Rs. 25,000/- per day. It is therefore, made clear that the District Administration and State Government shall ensure full compliance of our above order.

The Learned Counsel for the State has further submitted that though he has sought time to file on record the proposals and scheme that have been prepared with regard to reforestation of illegal by mined forest areas. It is directed that the concerned Divisional Forest Officer within whose jurisdiction such illegal mining activity has been reported and noticed in the forest areas, shall immediately prepare a plan for restoration of the forest area and submit the same to the Government through the Head of the Forest Department on war-footing. After examining the same the State Govt. shall accord necessary administrative and financial sanction for carrying out the restoration and reforestation work and other related activities such as fixing boundary pillars, establishing check posts etc. as submitted in the plan by the DFO in a phased manner to cover all such areas. The aforesaid task shall be completed on or before 25.05.2014 and necessary sanctions granted and reported to this Tribunal by 27.05.2014. The matter shall be listed before the Tribunal on 29.05.2014.

The State of Rajasthan shall also submit its response on the reply received from the Chief Secretary, Government of Haryana on the letter written to him by the Chief Secretary, Rajasthan and if not received, issue a reminder to the Chief Secretary for submitting the response. The Registrar, Central Zonal Bench, Bhopal shall forward a copy of this -82- order to the Chief Secretary, Government of Haryana and we make it clear that in case the response of the Chief Secretary, Government of Haryana to the letter dtd. 22.04.2014 of the Chief Secretary, Govt. of Rajasthan is not received, he shall remain personally present before this Tribunal on 29.05.2014 to explain the position of the State of Haryana for taking effective steps to prevent illegal mining & transportation of the mineral as well as stopping its use within Haryana.

From the records we find that the aforesaid issue has been highlighted time and again and the Rajasthan State Government has constituted a State Level Task Force to control illegal mining in the State under the order dated 15.02.2010. The State Level Task Force so constituted was presided over by the Chief Secretary with 10 Members of the said Task Force attending the meeting. In the meeting held on 08.11.2011, a decision was taken as follows:

"A Special investigation team will be constituted immediately comprising one SP and two Dy. SPs with supporting staff. Additional Director General of Police will send detailed proposals with financial implications for SIT and the same will be sent by the Mines Department to the Finance for immediate necessary action.

Proposals for a Special force called "Mineral Protection Force"

comprising of five battalions will be prepared by Mines Department. After administrative approval, these proposals will be submitted to Finance Department for consideration."

The State Government must therefore explain its position that once such a decision was taken at the highest level, why the aforesaid decision is not being implemented in letter and spirit and it appears that only a stop gap arrangement for curbing the menace of illegal mining as a temporary measure has been taken by requisitioning the personnel of RAC and Home Guards in the month of February and March this year and this arrangement was also discontinued on the pretext of aforesaid staff being required for the election duties. -83-

We find that that mandate under Article 48 (A) to the State under the Constitution requires the State to take effective steps for the conservation and protection of the environment. Non implementation of the decision taken on 08.11.2011, quoted above, only shows the lack of will on the part of the State Government for taking effective steps for conservation and protection of the environment. The Counsel for the State Government of Rajasthan is directed to file the response of the State on the aforesaid. The matter shall be listed on 29.05.2014 alongwith connected matter. In the response to be submitted by the State, the State shall also make an endeavour to submit satellite imageries of the aforesaid Aravali region for the year 1995, 2000, 2005, 2010 and the latest taken in April 2014 so that extent of degradation of forest and damage that is caused in the ecologically sensitive Aravali hill range, can be visualized. The officials of the Mining and Forest Department shall give their response based upon the appreciation of such satellite imageries.

Listed on 29.05.2014.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -84- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (CZ) (THC) Santosh Mittal & Ors Vs. State of Rajasthan & Ors.


CORAM :      HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER
             HON'BLE MR. P.S.RAO, EXPERT MEMBER

PRESENT : Applicant :                              None appeared
          State of Rajasthan :                     Shri Sachin Verma, Advocate
                                                   Shri Sandeep Singh, Adv. for RSPCB
                                                   Shri A.L. Sheikh, Add. Director, Mines
                                                   Shri Hem Chand, Asst.
                                                   Conservator of Forest, Alwar.

Date         and                            Orders of the Tribunal
Remarks

Item No. 6                  The Respondents have submitted an affidavit of the Chief

14th March, 2014 Secretary, Government of Rajasthan in response to our order dated 29th January, 2014. The same is ordered to be taken on record.

It has been submitted in the aforesaid affidavit that with a view to stop illegal mining the State deployed Home-Guards at critical places, established several check-posts and constituted and deployed teams of officials to stop the illegal mining on the spot. It has also been identified that due to location of a number of stone crushers in the adjoining State of Haryana, huge illegal mining from Alwar and Bharatpur Districts is being done and it has been submitted that the State of Haryana may be directed to take action against such crushing units.

-85- So far as aforesaid issue with regard to the issuing of notice to the State of Haryana is concerned, it may be pointed out that essentially the matter lies within the domain of the executive and the State of Rajasthan would have to take up the matter at its level, as directed in our order dated 29th January, 2014, with the State of Haryana. We may also remind the State of Rajasthan that in dealing with the trans border crime it is not for the first time that such joint exercises are being suggested while dealing with dacoity problems in the States of Uttar Pradesh, Madhya Pradesh and Rajasthan where joint teams were constituted and such operations were conducted without intervention of Court. The State Government, therefore, has to first take up the issue at its own level before this Tribunal issues any notice to the State of Haryana.

From the figures which have been submitted before us for the year 2013-14, 444 cases of illegal mining were registered out of which 302 chargesheets have been filed in the Courts and these figures are only upto February, 2014. Several directions have been issued right from 1992 in Tarun Bharat‟s Case by the Hon‟ble Supreme Court for stoppage of illegal mining and yet the number of cases has arisen rather than decreasing. As per the figures submitted as against 155 in 2010- 11, 295 in 2011-12, 384 in 2012-13 upto February, 2014 such cases have increased to 444. That itself shows that what steps the administration has taken for compliance of the directions issued by the Hon‟ble Supreme Court in regard to the illegal mining and protection of the environment. So long as there is a ready market available for illegally excavated mineral, it would be difficult to curb the aforesaid activity. While it is possible to place curbs on those who are holding valid leases of mining and who may be brought within the framework of law, it would be virtually impossible to deal with those persons who are not holding any mining lease but doing illegal mining and such activity is either possible on account of total indifference and inaction on the part of the authorities or leads one to believe that it is with their -86- connivance. It is all the more necessary, therefore, to identify the source which gives rise to such illegal activity and take action against such sources which would include necessarily the source of consumers which prompts such mining illegally. The aforesaid task is not at all difficult if steps are taken to monitor by seeking information from various projects which utilise such material regarding the source from which they have obtained the same. The only thing required, therefore, is a will to do it.

The other second aspect is that the amount recovered by way of penalty be given to the Forest Department for restoration of environment in areas where illegal felling of trees was carried out to allow mining operations. Overburden be refilled and plantation of trees undertaken. In case such are quantified, number of saplings required should be made available by the Forest Department for the aforesaid purpose from its various nurseries and it is only after such reforestation has been done that it would be possible to ensure the prevention of illegal mining. So long as the material remains available at the site of the illegal mine people would prompt to remove the same as it is easily removable.

We would like to get the response of the State in this behalf by the next date of hearing.

List on 1st May, 2014.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -87- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Misc. Application No. 67/2014 In Original Application No. 127/2013 (CZ) (THC) Ms. Santosh Mittal & Ors Vs. State of Rajasthan & Ors.


CORAM :     HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER
            HON'BLE MR. P.S.RAO, EXPERT MEMBER

PRESENT : Applicant :                                 None appeared
          RPCB & Rajasthan State Govt.                Shri Sandeep Singh, Advocate
          Respondent No. 7 :                          Shri Bijo Joy, DFO, Alwar

Date        and                         Orders of the Tribunal
Remarks
Order no. 3             Misc. Application No. 67/2014

11th February,          Misc. Application No. 67/2014 has been filed by the Learned
2014

Counsel for the State of Rajasthan pointing out specific steps which have been initiated pursuant to order dtd. 29.01.2014. He has prayed that special steps have been initiated and ongoing drive is commenced from 03.02.2014 against illegal mining. He prayed that the matter be posted after 02.03.2014. Accordingly, Misc. Application No. 67/2014 is allowed.

Matter be listed in Court on 14.03.2014.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -88- -89- BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (CZ) (THC) Ms. Santosh Mittal & Ors Vs. State of Rajasthan & Ors.


CORAM :     HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER
            HON'BLE MR. P.S.RAO, EXPERT MEMBER

PRESENT : Applicant :                                   None appeared
          RPCB & Ratjasthan State Govt. for             Shri Sandeep Singh, Advocate
          Mining Department                             Shri Suman Mandal, Advocate
          Respondent No. 6 :                            Shri Rajesh Kumar, S.I.
          Respondent No. 7 :                            Shri Bijo Joy, DFO, Alwar

Date        and                           Orders of the Tribunal
Remarks
Order no. 2             This petition originally filed as DB Civil W.P. PIL No.

29th January,      7938/2011 before the Hon‟ble Rajasthan High Court Bench at Jaipur
2014

has been transferred to this Tribunal vide its order dtd. 23.09.2013.

The Hon‟ble High Court of Rajasthan after hearing the matter issued notices and also passed an interim order vide its order 27.05.2011 directing that „any illegal mining activity shall not take place in the area in question‟.

The petitioner in this Writ Petition has raised concern with regard to illegal mining being carried out in the District Alwar, more so since Alwar District comprises a part of the eco-sensitive zone of Aravali hill ranges. Several directions and orders have been issued by the Hon‟ble Supreme Court from time to time restraining and regulating the aforesaid activity of mining and related activities pertaining to the stone crusher industries as well.

From the record, we find that the Respondents through to the Officer-in-charge, Mining Engineer (Alwar) had filed an affidavit before the Hon‟ble High Court on 22.11.2012. As per the aforesaid affidavit the steps taken by the Government of Rajasthan to control illegal mining have been highlighted and minutes of various meetings preside over by the Director General of Police as well as the Chief Secretary from time to time have been placed on record. A perusal of the minutes goes to show that in all the meetings it is -90- accepted the fact that illegal mining in District Alwar and adjoining areas including that of District Bharatpur is admittedly going on. It has also been noticed that the illegal mining activity in the eco- sensitive zone of Arawali hills is feeding the raw material to crushing industry in bordering Haryana State as brought on record in the Minutes of the Meeting of dtd 27.01.2012 presided over by the Chief Secretary, Govt. of Rajasthan and attending by the Director General of Police alongwith other senior officers. In the meeting the directions issued by the Hon‟ble Supreme Court on 16.01.2012 in SLP (C) Nos. 19628-19629/2009 were also noticed and has been incorporated in the minutes themselves. Prior to it also meetings were held by the State level task force constituted for the aforesaid purpose and various measures for controlling and stopping the illegal mining and transportation of the material to the adjoining State of Haryana where the crushing units are located, were also discussed.

Today, the Officer-in-charge has placed before us few facts which reveal that action in pursuance of the decisions taken in various meetings has been taken by the administration but the illegal mining and transportation of the material still continues. The magnitude of the problem can be visualized from the fact that various drives that were carried out in the year 2012 resulted in booking, 472 cases followed by 538 cases registered in the year 2013 and 37 cases registered upto 26.01.2014. These figures are only in respect of Police Circle Riwari in District Alwar. We find from the affidavit of the Officer-in-charge, Shri Y.S. Sahwal that looking to the magnitude of the problem it was suggested that a special investigating team be constituted and a Mineral Protection Force comprising 5 battalions also be raised. These proposals were made as far back as in November, 2011 and we are not aware as to what progress was made in this regard by the State Government of -91- Rajasthan. We also find that from time to time action has been taken and about 982 machines / vehicles were seized and an amount of Rs. 1.29 Crores was recovered by way of penalty. Since most of the un-lawful mining and illegal transportation of material goes on un-noticed as a result of various handicaps the officers of the Forest Department and the Mining Department face and sometimes due to the non availability of the assistance of Police force, there is therefore, a need to put in place a permanent mechanism for effective implementation to the concerns raised at various levels including the directions issued by the Hon‟ble Supreme Court for protection of the Arawali eco-sensitive zone.

We are of the view that as long as there is a ready market available for the mineral strict vigilance is required as it is alleged that the same is being transported to the adjoining State of Haryana where most of the crushing units are located which in turn supply the finished product to the Real State Developers in the NCR. Therefore, the issue needs to be takenup by both the States of Haryana & Rajasthan with the support of Central Government and a joint effort in this behalf would be necessary.

As has been mentioned in the petition as well as in the reply, there being no mineral available in the State of Haryana but crushing units are allegedly established only in the State of Haryana bordering Rajasthan the question therefore, would arise from where the crushing units located in the State of Haryana are obtaining the raw material if not from the adjoining Districts of Alwar & Bharatpur and other areas of Rajasthan. We would therefore like to know from the State of Rajasthan whether it would be willing to raise this issue with the Central Government and the State of Haryana for taking effective steps for controlling the activity of illegal mining and crushing in the eco-sensitive zone of the Arawali hills which has been prohibited by the Hon‟ble Supreme Court and towards which -92- the petitioner has sought to draw the attention of the Court. The State Government of Rajasthan shall also inform through its affidavit what measures including deployment of police force on a permanent basis, it seeks to undertake in the aforesaid areas of Alwar & Bharatpur District and other Districts adjoining Haryana State so as to prevent illegal mining and transportation of the material to the bordering State. At the same time there would be necessity of including the officers and staff of the Forest Department in this force as they were more conversant with the ground realty including where such mining operations are going on and crushers are located and also familiar with the routes which the transporters follow for the aforesaid purpose. We would like the Chief Secretary, State of Rajasthan to file an affidavit before this Tribunal on the issues that have been highlighted herein above. The aforesaid affidavit be filed within a week.

The Registrar, National Green Tribunal, Central Zonal Bench, Bhopal is directed to immediately send a copy of this order both by post as well as by e-mail / fax to the Chief Secretary, Govt. of Rajasthan for necessary compliance.

Matter be listed in Court on 11.02.2014.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH, BHOPAL Original Application No. 127/2013 (D.B. Civil W.P. No. 7938/2011) Ms. Santosh Mittal & Ors Vs. State of Rajasthan & Ors. CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER -93- HON'BLE MR. P.S.RAO, EXPERT MEMBER PRESENT : Applicant : None appeared Date and Orders of the Tribunal Remarks Order no. 1 The case has been received from the Rajasthan High Court 05th December, Bench at Jaipur on the orders passed by it in pursuance of the 2013 judgement of the Hon‟ble Supreme Court in Bhopal Gas Peedith Mahila Sangathan & Ors. Vs. Union of India. Since no date was fixed for appearance before this Tribunal by the High Court, let notices be issued to the parties as well as the Counsel for the petitioner appearing before the High Court C/o The Deputy Registrar, Judicial of the High Court Bench at Jaipur for service upon the Learned Counsel for the parties. Notices may also be issued to the Principal Law Secretary, Government Secretariat, Jaipur for appointing a Standing Counsel to appear before this Tribunal on behalf of the State of Rajasthan. Notice may also be issued to the Rajasthan Pollution Control Board for appointing the Counsel in the cases transferred to this Tribunal.

List the matter on 29.01.2014.

........................................,JM (DALIP SINGH) .........................................,EM (P.S.RAO) -94-

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