National Green Tribunal
News Item Titled "Rajasthan News ... vs State Of Rajasthan on 2 July, 2024
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.85/2024(CZ)
(O.A.No.251/2024 - PB)
News item titled "Rajasthan News
"avaidh khanan ke khilaaf pradeshvyapi abhiyan ke tehet
24 ton avaidh bajri samaet garnaet zapt jaanch jaari"
appearing in Amar Ujala dated 28.01.2024
....Suo Motu
Date of Hearing: 02.07.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant (s):
For Respondent(s) : Mr. Shoeb Hasan Khan, Adv.
Mr. Rohit Sharma, Adv.
Mr. Yadvendra Yadav, Adv.
ORDER
1. The newspaper Amar Ujala dated 28.01.2024 highlighted the illegal mining with the facts that that there is illegal mining and extraction of minerals in Bhilwara District, state of Rajasthan and authorities have seized a number of vehicles loaded with sand and bjri, illegally mined, but no adequate, appropriate, remedial preventive and punitive action has been taken against the persons who are indulged in illegal mining.
2. The matter was taken up by this Tribunal on 20.03.2024 and a committee consisting State Pollution Control Board, Collector Bhilwara and Central Pollution Control Board was constituted with direction to submit the factual and action taken report.
1O.A. No.85/2024(CZ) News item titled "Rajasthan News "avaidh khanan ke khilaaf pradeshvyapi abhiyan ke tehet 24 ton avaidh bajri samaet garnaet zapt jaanch jaari" appearing in Amar Ujala dated 28.01.2024
3. In compliance thereof the members of the committee visited the site and submitted the report as follows :
INTRODUCTION Bhilwara is one of the 50 districts of Rajasthan State occupies an important place in the mineral map of Rajasthan. The main minerals are Lead, Zinc, Copper, Soap stone, Mica, China clay, Feldspar, Quartz, Philasite, Asbestos, Clay, Glass sand, Sand stone and Garnet. The main areas where mining is done in Bhilwara includes Agucha, Pur-Dariba, Devpura, Dedwas, Samodi, Kotri, Jahaspur, Ghevaria, Mandalgarh, Asind and Bijolyan.
The Department of Mines & Geology, Govt. of Rajasthan has granted total 1498 number of mining leases in the area, where EC have been issued by SEIAA, Rajasthan to 425 and by DIEAA, Bhilwara to 813 mining leases. Rajasthan State Pollution Control Board (RSPCB) has issued Consent to Operate (CTO) to 1338 mining units/leases only. The total revenue generation from mining in Bhilwara is around 1507.78 Crore in last financial year.
The map showing major mining allowed areas in the Bhilwara district where leases have been granted by the Department of Mines & Geology, Govt. of Rajasthan.
To control illegal mining in Rajasthan, the Rajasthan Government issued a circular vide letter dated 05.07.2021. For compliance, following directions were issued:
a. Forest department is completely responsible for stopping illegal mining in forest areas. b. Mining department is responsible for stopping illegal mining in non-forest areas c. Action against the illegal mining over khatedari land shall be done by Tehsildar.
d. Action against the illegal mining over land as industrial/other works by RIICOIUIT/other organizations shall be done by District Collector/Competent officer.
To control illegal mining in the State, State Government of Rajasthan initiated 15-days state wide surveillance campaign between 15.01.2024 and 31.01.2024. The surveillance team were constituted including officials from District Administration, Revenue Department, Dept. of Mining & Geology and Local Police.2
O.A. No.85/2024(CZ) News item titled "Rajasthan News "avaidh khanan ke khilaaf pradeshvyapi abhiyan ke tehet 24 ton avaidh bajri samaet garnaet zapt jaanch jaari" appearing in Amar Ujala dated 28.01.2024 The areas where cases of illegal mining were reported by the Bhilwara District Administration during the Campaign run on 27.01.2024, no lease had been granted by the Department of Mines & Geology. Govt. of Rajasthan in these areas. The Google map of the locations attached as Annexure- 5.
C. FACTUAL STATUS During the visit of Joint Committee on 15.05.2024, several areas in BhilWara District where instances of illegal mining were reported by the District Administration were inspected. These are as follows:
1. 1st Location/ Site: Paldi Village, Block Bhilwara, Tehsil Bhilwara i. On 27.01.2024, during the campaign drive by Govt. of Rajasthan against illegal mining. the team of District Administration, Bhilwara & Dept. of Mining & Geology, Bhilwara detected illegal clay mining at this site. One JCB was also confiscated during the operation from the site.
ii. Looking to the site conditions, it was revealed that mining activity was being carried out by local people to take out clay for their use. JCB is used to dug clay from the area and transported through tractor trolley.
iii. At the time of joint committee visit on 15.05.2024, no mining activity was observed, and the site was devoid of vehicles.
iv. It is important to note that this area comes under UIT with no mining lease granted by the Dept. of Mining & Geology for mining of clay in this area. It is the responsibility of the concerned organization to prevent illegal mining in the land allotted to an organization.
2. 2nd Location/ Site: Mining Unit- Mis Crystal Abrasive Pvt. Ltd. at Puraoto ka :kola, Bhilwara Block, Tehsil Bhilwara i. The unit M/s Crystal Abrasive Pvt. Ltd. is located at Araji no.
324/2 presently engaged in processing of mined garnet mineral viz. only separation and grading of garnet mineral at Site.
ii. That unit has abrasive Garnet T1' with Dealer id 4752.
iii. Details of source of Raw Material:
That for mining of Garnet (abrasive), quartz and feldspar mineral, unit has produced a copy of Environmental Clearance bearing production capacity as 78432 TPA (ROM)@ML No.- 626/2011, Near Village-Mad, Tehsil-Deogarh and District -- Rajsarnand in the name and style of M/s Shree Mama Dev 3 O.A. No.85/2024(CZ) News item titled "Rajasthan News "avaidh khanan ke khilaaf pradeshvyapi abhiyan ke tehet 24 ton avaidh bajri samaet garnaet zapt jaanch jaari" appearing in Amar Ujala dated 28.01.2024 Mines and Minerals, PartnerShri Nitesh Agarwal, issued vide letter no. F1(4)/SEIAA/SEAC-
Raj/Sem/Project/Sectt/Project/Cat B2(23020)/2021-22, Jaipur dated 04.01.2024.
That Mining Lease Mis Shree Mama Dev Mines and Minerals, Village-Mad, Tehsil Deogarh, District-Rajsamand has valid Consent to Operate (CTO) under Air Act, 1981 issued vide Regional Office, Rajsamand vide letter dated 07.02.2024 from 05.01.2024 to 31.12.2028 for Garnet (abrasive), quartz and feldspar mineral- 78432 MTPA.
iv. During the campaign drive against illegal mining on 27.01.2024, the logbooks and records of the unit were verified by the team and it was found that the unit had exceeded the consented quantity of mineral processed ( separation and grading), 22.48 MT quantity of mineral was found in stock than the consented quantity, which was stored in the unit premises. Looking to this a penalty of Rs. 921000/- was imposed and recovered from the unit.
v. Further, for continuous vigilance purpose subsequently inspection of the unit by Mining Dept: Bhilwara on dated 09.05.2024, the unit was found complied with the processing quantity within as per the issued CTO.
3. 3rd Location/ Site: Banas River stretch at Mandalgarh Block Tehsil Mandalgarh, i. This site is located at Mandalgarh Block, Tehsil Mandalgarh having around 16.75 sq. km area.
ii. Looking at the site condition, it was revealed that the site falls/ comes under the dry stretch of Banas River where illegal mining of river sand (Bajri) was taking placed.
iii. This land belongs to Revenue Department (Tehsi idar, Mandalgarh), District- Bhilwara.
iv. On 27.01.2024, during the campaign drive by Govt. of Rajasthan against illegal mining 04 cases of illegal mining activity of river sand were reported at this site and 04 nos. of tractor trolley filled with Bajri (06 tons each) were seized from the site. No driver or owner were present at the site. In the said case the department has recovered penalty, compound and environmental compensation amount as ordered by Honorable National Green Tribunal.
v. At the time of joint committee visit on 15.05.2024, no illegal mining activity or vehicles were observed at the site, However, 2460 MT of illegally mined Bajri kept at the site was detained by the Dept. of Mining & Geology, GoR.
4O.A. No.85/2024(CZ) News item titled "Rajasthan News "avaidh khanan ke khilaaf pradeshvyapi abhiyan ke tehet 24 ton avaidh bajri samaet garnaet zapt jaanch jaari" appearing in Amar Ujala dated 28.01.2024 vi. As informed by the Dept. of Mining & Geology no mining lease have been granted in this area for river sand mining. D. DETAILS OF ACTION TAKEN
1. The joint committee has collected information on action taken by the Dept. of Mining & Geology, Bhilwara against the illegal mining cases reported in the district- Bhilwara during the surveillance campaign drive on 27.01.2024. It was informed by Sh. Jinesh Humad, Mining Engineer, Dept. of Mining& Geology, Bhilwara that total 07 cases of illegal mining activities were reported on 27.01.2024 and necessary action was taken. FIR were also filed and compound compensation has been imposed including penalty for vehicle and compensation as per the Order issued by State Govt. of Rajasthan vide no. P 14 (19) /M/group- 2/2015 Part-II "C" dated 16.05.2023.
The details of action taken and fine imposed as submitted by Dept. of Mining & Geology, Bhilwara is as under:
Total cases Illegal mining Illegal mining Amount of fine reported activity transportation imposed on activity 27.01.2024 07 Mining of clay 01 no. JCB seized Rs. 123360/-
at Paldi Village, Details enclosed as
Block- Annexure- 8.
Bhilwara, Teh.
Bhilwara
Storage of Not Related Rs. 921000/-
mineral more .
than consented
qty. reported at
site M/s
Crystal
Abrasive Pvt.
Ltd. at Block-
Bhilwara, Teh.
Bhilwara
Illegal mining of
River sand at 04 nos. of
Banas River Tractor trolley
stretch at Rs. 512000/-
with Bajri seized
Block- at the site. FIR
Mandalgarh, filed.
Teh. Mandalgarh
5
O.A. No.85/2024(CZ) News item titled "Rajasthan News "avaidh khanan ke khilaaf
pradeshvyapi abhiyan ke tehet 24 ton avaidh bajri samaet garnaet zapt jaanch jaari" appearing in Amar Ujala dated 28.01.2024
2. It was informed by SDM, Bhilwara vide letter no. 563 dated 20.06.2024 that so far 523 cases of illegal mining activities were identified from April, 2023 to April, 2024 in Bhilwara and necessary action was taken by the District Administration The details are as under:
Total cases (1st Illegal mining Illegal mining No. of Amount April 2023 to activity FIR 30th April, 2024) transportation activity 523 138 162 1936.76 385 Lacs fine
3. As monitoring mechanism to keep regular check on illegal mining activities in the district, SIT (Special Investigation Task Force) has been constituted under the chairmanship of District Magistrate vide order no. 2018 dated 10 May, 2018 (Copy enclosed as Annexure- 12 ).
4. The DSR (District Survey Report) for the Bhilwara district has already been prepared and approved by the District Magistrate and SEAC for effective environment management of the area and to address the impact of mining on environment before grant of Environmental Clearances. (Copy is enclosed as Annexure-13)
5. To keep regular check on illegal mining activities in the State, statewide surveillance campaign drives were launched by the State Govt. of Rajasthan dated 05.01.2024 to 31.01.2024 and 02.05.2024 to 15.05.2024. (Copy enclosed as Annexure- 14).
6. Surveillance Campaign drive: As informed by Dept. of Mining & Geology, Bhilwara, during these drives total 227 cases of illegal mining activities were identified in the district and necessary action was taken by the SIT committee constituted at district level, sub- division level and their own level details of which have been forwarded vide letter no. 563 dated 20.06.2024. Details are as under-
Illegal mining No.
Surveillance Illegal Amount
of
Campaign mining transportati of fine
FIR
drive for activity on activity imposed
illegal
6
O.A. No.85/2024(CZ) News item titled "Rajasthan News "avaidh khanan ke khilaaf
pradeshvyapi abhiyan ke tehet 24 ton avaidh bajri samaet garnaet zapt jaanch jaari" appearing in Amar Ujala dated 28.01.2024 mining in Bhilwara 15.01.2024 to 85 61 19 157.15 31.01.2024 Lacs 02.05.2024 to 16 65 03 114.03 15.05.2024 Lacs
7. For the protection of environment and restoration of the people and region from impact of legal or illegal mining activities, District Mining Foundation Trust (DMFT) has been established.
8. Public grievance redressal portal has been developed by the mining department for reporting of illegal mining in the district.
E. Recommendations
1. Strict enforcement of "Sustainable Sand Mining and Management Guidelines, 2016' (SSMC- 2016) and "Enforcement and Monitoring Guidelines for Sand Mining, 2020 (EMGSM- 2020) issued by MoEF&CC should be ensured by the District Administration and Mining Department.
2. There should be effective monitoring mechanism for preventive and remedial measure including surveillance system and recovery of compensation to control illegal mining in the district.
3. Regular meeting of DLTF (District Level Task Force) should be held to oversee mining activities to keep strict vigil on mining and movement of minerals in the district and take appropriate corrective and remedial measures.
4. The areas in the district which are not identified for mining due restriction or otherwise are also to be monitored on a regular basis by the DLTF to keep vigil on illegal mining activities in restricted areas.
5. The monitoring of mined material production and enforcement of Environment Management Plan shall be ensured by the Mining Authorities from time to time.
6. There should be proper physical demarcation of the site with geo- coordinates and electronic surveillance and constant physical inspection of the sites to ensure that mining activities are as per approved mining plan and no illegal mining detrimental to environment is going on.
7O.A. No.85/2024(CZ) News item titled "Rajasthan News "avaidh khanan ke khilaaf pradeshvyapi abhiyan ke tehet 24 ton avaidh bajri samaet garnaet zapt jaanch jaari" appearing in Amar Ujala dated 28.01.2024
4. The perusal of report reveals that in the column of action taken some environment compensation has been assessed and notices have been issued but nothing has been reported with regard to the realisation of environment compensation or deposition in the relevant account.
Similarly in para 2 there are also calculation of environment compensation. The copy of the report is already with the State Pollution Control Board. Accordingly Member Secretary Rajasthan State Pollution Control Board is directed that the report submitted by the Joint Committee must be implemented and enforced. Secondly, the calculation of environmental compensation must be realized according to rules and action taken report be submitted within two weeks.
List it on 24th July, 2024.
1. Sheo Kumar Singh, JM Dr. Arun Kumar Verma, EM 2nd July, 2024 O.A. No. 85/2024(CZ) K 8 O.A. No.85/2024(CZ) News item titled "Rajasthan News "avaidh khanan ke khilaaf pradeshvyapi abhiyan ke tehet 24 ton avaidh bajri samaet garnaet zapt jaanch jaari" appearing in Amar Ujala dated 28.01.2024