National Green Tribunal
Bhanwar Lal S/O Late Shri Narayan Mal vs State Of Rajasthan Through Chief ... on 25 June, 2020
Item No. 04(Through VC-Bhopal)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Execution Application No.03/2019 (CZ)
In
Original Application No. 91/2015
(I.A. No. 24/2019)
Bhanwar Lal & Ors. Applicant(s)
Versus
State of Rajasthan &Ors. Respondent(s)
Date of hearing: 25.06.2020
CORAM:
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s): Mr. Dharamvir Sharma,Advocate
For Respondent(s): Mr. Naveen Ahuja, Advocate
Mr. Shoeb H. Khan, Advocate
Mr. Yadvendra Yadav, Advocate
Mr. Om Shankar Shrivastava,
Advocate
Collector, Ajmer
Mr. Arvind Soni, Advocate
SDO, Beawar
ORDER
Earlier on 04.06.2002, we had passed a detailed order in presence of the Court Commissioner. Apart from it, the Principal Secretary, Mining, the District Magistrate, Ajmer and the SDM, Masuda, District Ajmer were also present. The Principal Secretary, Mines had requested that one month time, for compliance of the order, be granted. The Learned Counsel for the applicant had also submitted to restrain the authorities from using the fertile land in earth filing, for which a proper order can be re-issued. The Tribunal had observed that since Principal Secretary, Mines and Collector, Ajmer are present, they should take into 1 account the question so raised by the Counsel for the applicant.
This execution proceeding arises out of an order passed by the Tribunal on 28.02.2017 whereby the original application (91/2015) was decided. It is relevant to note that while deciding the original application, directions were given for removal of obstructions from the catchment area, upto the extent of 5 Km from Shakti Sagar Lake. A perusal of the Commissioner report reveals that illegal activities are continuing. He had also named 29 persons who were found engaged in illegal work on the spot. Other obstructions likes anikits or pits dug by the miners have neither been removed nor refilled. Since passing of the final order, three monsoons have passed but no steps have been taken by the respondent State for compliance of the order. Thereafter on 22.05.2020, the Tribunal had perused second report submitted by the Court Commissioner on 29.02.2020. According to which there had been not only been gross non-compliance of the order of the Tribunal but large scale illegal mining was being carried out in Village Surajpura, Gopal Sagar, Kanakheda, Piplaz, Lehri and the surrounding area. It is significant to note here that at the time of the visit of the Commissioner, officials of the Government namely SDM, Tehsildar, Executive Engineer of Water Resources Department, Mining Engineer, etc. were also present. The Court Commissioner, in his report, had 2 not only given the names of the illegal miners but also the latitude and longitude of the pits which were dug as a result of illegal mining. He has also given details of the anikits.
On 04.06.2020, we had issued directions to the Collector for immediate execution of the order, under the supervision of the Principal Secretary, Mines and to remove all the obstructions in the catchment area of the lake. All concerning officers were directed to plan out the steps to be taken for the removal of obstructions in the catchment area at the earliest because the monsoons are on the door. It was also directed that Police assistance be given to the Collector, Ajmer so that no miscreants creates any hindrance in the execution process.
Though the Learned Counsel for the State has submitted that in compliance of the order dated 04.06.2020, an affidavit of the Collector, Ajmer has been filed but the same has not been received on record. However, we had asked the Counsel for the State to tell us about the compliance made so far. The statement made by the Counsel for the State, in presence of Collector, Ajmer available through video conferencing, that the anikits are being identified and none of them have been removed so far. In respect of re-filling of the pits, it is said that planning is being done as to how the same is to be done and from where the mud is to be procured. It is noteworthy that the 3 Learned Counsel for the State submits that as regards the miners doing illegal activity, a First Information Report has been lodged by the Mining Department. Apart from it, we have been informed by the Counsel for the State that Notices have been issued by Tehsildar, Masuda to all the recorded Khatedars as to why their Khatedari lands may not be cancelled.
From the aforesaid information given by the Counsel for the State, it is crystal clear that so far as compliance of the order passed by the Tribunal on 28.02.2017 is concerned, no step has been taken so far. Even the details given by the Court Commissioner in respect of location of anikets and identification of illegal mining has not been taken note of nor the work for re-filling of the pits have been started. On the other hand so called Expert Committee has been appointed to give report in respect of filling of the pits. This clearly reflects the intention of the respondent officials to comply with the order of the Tribunal, for which the execution proceedings are going on. The lodging of report by the Mining Department against the illegal miners is only an eye-wash for the simple reason that this should have been done by the Department long ago, and inaction on he part of the department has resulted in continuation of illegal mining.
Therefore, taking into consideration overall circumstances and the information given by Counsel for the 4 State, we are of the opining that no step has been taken by the respondent for compliance of the order of the Tribunal passed in the year 2017. It is relevant to note here that instead of lodging of an FIR against the persons doing illegal minings, the department ought to have quantified the loss caused to the environment, work out the cost of restoration and filling of the pits. Such amount ought to have been recovered from the persons doing illegal mining. On the contrary they have proceeded in a different directions by raising a new issue with regard to the rights of the recorded khatedars of the area.
Despite of our order that steps for compliance of the order are to be taken under the supervision of the Principal Secretary, Mines, the present situation does not reflect so. Consequently the Tribunal has no other option but to impose a cost of Rs. 1 lakh on the Mining Department which is to be deposited with Central Pollution Control Board within 15 days from today. This amount may be recovered from the persons carrying on illegal mining.
We further direct that the Principal Secretary Mining, Government of Rajasthan shall remain present, through Video Conferencing, on the next date of hearing along with Collector Ajmer, Tehsildar Masuda, SDO Beawar and all other concerning officers with complete record /information in respect of Khatedari rights, as per revenue record, in 5 favour of the persons who have been issued notices by Tehsildar Masuda.
List the matter on 27th July, 2020.
Justice Raghuvendra S. Rathore, JM Dr. Satyawan Singh Garbyal, EM SN 6