National Green Tribunal
Amit Kumar vs State Of Rajasthan on 12 August, 2024
Item No. 04
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.59/2024(CZ)
Amit Kumar & Anr. Applicant(s)
Vs
State of Rajasthan & Ors. Respondent(s)
Date of Hearing: 12.08.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant (s): Mr. Amit Kumar- Applicant in person
Mr. Kailash Meena- In person
For Respondent(s) : Mr. Om Shankar Shrivastav, Adv.
ORDER
1. The issues raised in this application is illegal mining and unlawful encroachments in the Katli river known as the Kantali river, which flows through the Sikar, Jhunjhunu, Neem Ka Thana and Churu District of Rajasthan.
2. The Katli river, an inland river originating near Gidala village in Sikar District, Rajasthan, flows northwesterly across the Aravali mountain range. It then enters the alluvial plains and eventually disappears into the dunal sands near Rajgarh in Churu District. The river traverses there district - Sikar, Jhunjhunu and Churu. Additionally, smaller rivers within this basin, such as Doha, Dongar, Chandrawti, Udaipur, Lohargal Ki Nadi, Budhi Nala, Sukh Nadi (Singhana Nadi), Mendtha, and Sabi, contribute to the overall water network. The Katli river spans a totallength of approximately 135 kilometers, flowing through hilly terrain in its upper reaches cutting across the Aravalli ranges for about 52 Kilometers up to Manipur and Jhunjhunu district. Subsequently, if Original Application NO. 59/2024 (CZ) Amit Kumar & Anr vs. State of Rajasthan & Ors.
flows through the vast Aeolian dune field in the north. The Katli river's to total catchment area covers approximately 746 square kilometers.
3. The Katli river faces degradation due to unregulated mining activities in the riverbed. The deep pits created because of the illegal mining activities are left in the riverbed and these deep pits stop the water from flowing further into the river. Unauthorized construction along the bank of Katli river disrupt the natural flow and alter the ecosystem.
At several places, there have been illegal encroachments by the neighbouring farmers using the riverbed for cultivation, hindering the flow of rainwater. The Katli river's decline has exacerbated water scarcity issues and loss of groundwater, pushing the community towards unsustainable water sources and practices. The loss of the Katli river as a natural, clean water source has heightened dependencies on groundwater extraction, accelerating the depletion of these reserves and leading to a vicious cycle of water insecurity. This situation has magnified the imperative for the river's revival, not only as an environmental endeavour but as a crucial step towards sustainable development and ensuring water security for future generations.
4. The matter was taken up by this tribunal on 15.03.2024 and a committee was constituted as follows :
5. We deem it just and proper to call a report on the matter in issue, in present application, from a Joint Committee consisting of:
(i) One Representative from the Collector Sikar (Rajasthan)
(ii) One Representative from the Department of Water Resource, River Development Rajasthan
(iii) One Representative from Ground Water Department, Government of Rajasthan (Rajasthan)
(iv) One Representative from the Central Pollution Control Board.
(v) One Representative from the Rajasthan State Pollution Control Board.
Original Application NO. 59/2024 (CZ) Amit Kumar & Anr vs. State of Rajasthan & Ors.
6. The Committee is directed to submit the factual and action taken report within six weeks. The State PCB will be the nodal agency for coordination and logistic support.
7. In compliance of the order Members of the Committee visited the site and submitted the report as follows :
"The Joint committee conducted a meeting on dated 25/04/2024 and plan to visit the Kantali River area of Tehsil- Khandela, District Sikar, Tehsil- Udaipurwati, Neem Ka Thana, Khetri, District- Neem Ka Thana, Tehsil- Gudha Gorji, Chirawa, Jhunjhunu, District Jhunjhunu, Tehsil- Rajgarh District Churu on dated 02/05/2024 and 03/05/2024 with the officials of Mining Department and representatives of Revenue departments of four Districts. The Committee has asked Water resource department, Ground Water department to provide relevant information in this case. The Committee has also asked Tehsildars, District Sikar, Neem Ka Thana, Jhunjhunu, Churu to provide information of Kantali river and nearby area according to the revenue record, mining department to provide information of sand mining/action taken against illegal sand mining. Joint Committee has randomly visited Kantali River and Catchment area of various villages of District Sikar, Neem Ka Thana, Jhunjhnu and Churu and reported that: -
A. The Kantali river is the main river of Shekhawati region. This river dependent on the rainy season. The main catchment area of river is adjoining area of Tehsils Khandela, District Sikar, Tehsil Neemka Thana, Udaipurvati, District Neem ka Thana. The Kantali river become fully developed near village Guhala of District Neem ka Thana and flowing approx. 95 KM through various villages of District Neem Ka Thana, District Jhunjhunu and District Churu. This river disappears in Tehsil Rajgarh District Churu.
B. The river is dry and no water is reported in the river. In some place there was kacha Road in the River Bed, which is often used by the nearby villagers for transportation.
C. The Ground Water Department, Sikar, Jhunjhunu, Churu has reported that there is no piezometer installed in the Kantali River area of block Khandela, Neem ka Thana, Udaipuwati, Khetri, Chirawa, Rajgarh etc to calculate ground water level. The Khandela, Neem ka Thana, Udaipuwati, Khetri, block are categorised in overexploitation area D. The Water resource Department has submitted that 17 numbers of dams/anicuts have been constructed by the department in the catchment area of Kantali River. Out of Which 08 Dams are located in the District Sikar and 09 Dams are located in the District Neem Ka Thana.
Original Application NO. 59/2024 (CZ) Amit Kumar & Anr vs. State of Rajasthan & Ors.
E. The Tehsildar Khandela, District Sikar vide letter dated 02/05/2024 has informed that there is no encroachment in the Kantali River, near village Sewali, Guwaria, Kotri luharwas, Tiwari ki Dhani no-1, Beramay luharwas. These are the nearest village of Kantali River. The width of River is different - different in these villages. The minimum width of River is 08 meter in Sewali Village and maximum width of River is 220 meter in Kotri Luharwas.
F. The team has started the visit from tehsil- Khandela, District Sikar. Water Resource Department has constructed the Dam at near Kotri Luharwas under the Kotri minor irrigation project. Presently there is no water in the Dam. The overflow of the Dam flowing through the channel near villages of Tehsil Khandela and entered in to the near village Guhala of District Neem ka Thana, where the rain water from other area also joins and the river become developed. The Team has also visited Budwali Dhani Anicut constructed by Water Resource Department. There is no rainy water in the said Anicut.
G. Committee has observed pits in the nallah coming from the Chokdi, Jhakda Village this nalla meets in Kantali River, near village Guhala, These pits were created due to excavation of river earth by unknown persons. Present conditions seems that these pits are not fresh pits as brushes/weeds was grown in the area.
H. The Tehsildar Neem Ka Thana, District Neem Ka Thana vide letter dated 01/05/2024 has informed that there is no encroachment in the Kantali River near village Nersinghpuri, Karanpur, Tiwadi ka Bas, Dehra, Bandhawala Bhopalpura. However some part i.e. 0.60 Ha. encroachment on land in village Guhala, on which proceedings under section 91 A of LR Act are being initiated. The width of the river in the villages of the Tehsil varies from minimum 20 meters to 400 meters as per the revenue record.
I. The team has also reported that a pakka road has been constructed on the River bed near kalideh Mandir, village Bandawala Bhopalpura, there was no way leave a path during the flow of water on the paved road above the river bed.
J. The Tehsildar Udaipuwati, Dist- Neemka Thana vide letter dated 09/05/2024 has informed that there is no encroachment in the village Katlipura, Jagdishpura, Papdakurd, Ramnagar, Jodhpura, Papda kala, Rajeevpura, Manaksas. However, some part of the river encroach by farmer for agriculture purpose at village Bagoli on which proceedings under section 91 A of LR Act are being initiated. The minimum width of the River in Rajeevpura is 30 to 40 meter, whereas the maximum Original Application NO. 59/2024 (CZ) Amit Kumar & Anr vs. State of Rajasthan & Ors.
width is 430 to 440 meter in Bagoli, Tehsil- Udaipurwati, Distt- Neem ka Thana.
K. Committee has observed that the River bed is rough and deep & larger pits in the River bed at Bagoli, Jodhpura, pachlangi, papdakurd and nearby area. These pits have been created due to mining of sand. During inspection no sand mining were reported, however regular mining of sand in the river bed cannot be ruled out.
L. The committee has also reported that some part of land of river is encroach by farmer for agriculture purpose. It was also noted that kaccha road has been constructed in the River Bed.
M. It was reported that pakka road (Bhagoli Neem Ka Thana) constructed on the river bed at Bhagoli. there was no way leave a path during the flow of water on the paved road above the river bed N. The Tehsildar, Khetri, District Neem Ka Thana vide letter dated 08/05/2024 has informed that there is no encroachment in the village Sunari, Padewa, Kankariya. Tehsildar has also reported that in the village Norangpura the flow area of the river is registered in the khatedari. The khasra no 742/561,744/561, 745/561, 793/561 & 794/561 is registered in the Niji Khatedari. The Khasra no 628, 638 and 743/561 is registered in Government Account. There is no encroachment in the government area, however no pakka construction in the Niji Khatedari of River Bed.
O. The Thesildar, Guda Goarji, Distt- Jhunjhunu vide letter dated 16/05/2024 has informed that there is no encroachment in the river bed at near village Bhatiwad, Bhasvisna, Basmana, Hanslasar, Ked, Khatkad, Nagali Nirwan, Shiyonathpura, Ramnagar. It has been noted that in some areas, the local people have started river area and its bed for cultivation purpose. Tehsildar has also reported that in village Heerwana, Naatas, Mainpura, there is encroachment in the River Bed, the Stay of Rajasthan High Court is effective the width of the river in the villages of the Tehsil varies from minimum 04 meter to 1800 meter.
P. The Thesildar, Jhunjhunu, Distt- Jhunjhunu vide letter dated 16/05/2024 has informed that there is no encroachment in the river bed at near village Chinchroli, Islampur. However in village Bharounda Khurd, Makhar, Bagar and Bharounda Kalan, total 34 no of illegal encroachment has been reported for which the case has been registered and order for removing the encroachment has been issued under section 91. The width of the river in the villages of the Tehsil Jhunjhunu varies from minimum 40 meters to 1540 meters as per the revenue record.
Original Application NO. 59/2024 (CZ) Amit Kumar & Anr vs. State of Rajasthan & Ors.
Q. The Tehsildar , Chirawa, Distt- Jhunjhunu vide letter dated 10/06/2024 has informed that there is no encroachment in the river bed at near village Kudana, Bhaktavarpura, Solana, Mahrampur, Keharpura, Kurd, Budaniya. Team has reported that some areas, the local people have started river area and its bed for cultivation purpose. Teshildar has also reported that at present according to the Jamabandi 2074-77, the Number of Kadmi Gear Khatedar on the river bed 57 in Dhatarwala, 13 on Kutubpura, 03 in Haripura, 106 in Lamba Gothara,, 63 in village Bajawa, 06 in Bhawanipura, 25 in Alipur and 03 in Gowala. The reiver bed is flat in the villages of Tehsil Chirawa. The width of the river in the villages of the Tehsil Chirawa varies from minimum 08 meters to 1840 meters as per the revenue record.
R. The Kantli river finally becomes extinct in Tehsil Rajgarh of Churu. The Tehsildar Rajgarh, Distt- Churu vide letter dated 20/05/2024 has informed that in village Bhudawas for removing encroachment by the people under section 91 is proposed. As per the revenue record, the width of the river in tehsil Rajgarh varies from minimum 15 meters to 52 meters (Annexure-11) . At the time of visit, riverbed is not visible in said tehsil, river bed is using for agriculture/ cultivation purpose by the local farmers.
Mining Department reply and action taken against illegal mining: - In Compliance to the orders of Ho'ble NGT, New Delhi, The Department of Mines and Petroleum, Government of Rajasthan has issued order on dated 16/05/202023 and 18/05/2023 to impose Environment Compensation on illegal mining/ transportation of Bajri.(Annexure-12) The mining Department has submitted following reply and action taken against the illegal Mining/ transportation of river sand. :-
A. The Mining Engineer, Department of Mining & Geology, Sikar vide letter dated 01/05/2024 has reported that no lease has been sanctioned for Sand Mining in the Katali River. Department has also informed that earlier Extra Royalty collection contract was allotted from year 12/09/1997 to 11/09/1999, 01/04/2003 to 31/05/2003, and 15/05/2004 to 23/09/2013for sand mining near in village Kotri, Luharwas of River Katali. Presently no mining activity is the area. However, the departmental has imposed penalty and compensation (As per NGT directions) to the illegal mining of Sand/transformation and storage. Department has identified total 420 violation cases in financial year 2015-16 to 2023-24 and recovered Total Rs 32470558 as penalty and Total compensation Rs 17700000 according to the direction of NGT from 420 cases B. The Assistant Mining Engineer, Department of Mining & Geology, Neem Ka Thana vide letter dated 03/05/2024 has reported that no lease has been sanctioned for Sand Mining in the Katali River area of District Neem Ka Thana. However, the departmental has imposed penalty and compensation (As per NGT directions) to the illegal mining of Sand/transformation and storage. Department has identified total 54 violation cases in financial year 2019-20 Original Application NO. 59/2024 (CZ) Amit Kumar & Anr vs. State of Rajasthan & Ors.
to 2023-24 and recovered Total Rs 2048100 as penalty and Total compensation Rs 2100000 according to the direction of NGT from 54 cases.
C. The Mining Engineer, Department of Mining & Geology, Jhunjunu has informed that one lease is valid till period upto 02/05/2025 for the mining of sand from river/nallah of Tehsil Khetri, Distt- Neem Ka Thana and Tehsil Buhana District Jhunjhunu in favour of M/S Mateshwari Minerals Care. Except above no mining is permitted in Kantali River and near by area. However, the departmental has imposed penalty and compensation (As per NGT directions) to the illegal mining of Sand/transformation and storage. Department has identified total 89 violation cases in financial year 2019-20 to 2023-24 and recovered Total Rs 6080000 as penalty and Total compensation Rs 6100000 according to the direction of NGT from 89 cases.
Conclusion and Recommendation: - The Kantali river is the main river of Shekhawati region. This river dependent on the rainy season. The main catchment area of river is adjoining area of Tehsils Khandela, District Sikar, Tehsil Neemka Thana, Udaipurvati, District Neem ka Thana. The Kantali river become fully developed near village Guhala of District Neem ka Thana and flows approx. 95 KM through various villages of District Neem Ka Thana, District Jhunjhunu and District Churu. This river disappears in Tehsil Rajgarh of District Churu. The river is dry and no water is reported in the river. The width of the river bed varies in the villages of Tehsils of each District. In some place there was kacha Road in the River Bed, which is often used by the nearby villagers for transportation. The committee found that the river bed was uneven, there were deep holes in the riverbed, there was farming, and some places there was no way leave a path during the flow of water on the paved road above the river bed. Committee has also observed sign of illegal mining near various villages such as village Bagoli, Jodhpura, Pachlangi, Papdakurd etc. The mining department is continuously taking action against illegal mining. In view of above the committee has recommended following that:-
1. The Water Resource Department should prepare detailed Project Report for Rejuvenation of Kantali River and should also take action to remove the identified encroachment on the River bed with the help of the district administration and other concerning department such as Mines, PWD etc. The River bed should be levelled so that water can flow without obstruction.
2. The District Administration, Sikar, Neem Ka Thana, Jhunjhunu and Churu should remove illegal encroachment on the River bed in their jurisdiction.
3. The Mines Department should regular raid/check the area affected by illegal mining on the river bed and take action as per prevailing departmental rules/regulations against the people involved in illegal mining.
Original Application NO. 59/2024 (CZ) Amit Kumar & Anr vs. State of Rajasthan & Ors.
8. The Learned Counsel for the applicant has filed the objection against the Joint Committee report and submitted that the Tehsildar from the various Tehsil have failed to correctly and comprehensively report the extent of encroachment in village Kotri, Luharwas, and Bhairamay, Luharwas. In Tehsil Khandela there are various encroachments similarly in Tehsil Neem Ka Thana there are various encroachments and fencing has been done towards the Katli river bed in Luhala village.
9. In light of above observations, we have gone through the report submitted by the Joint Committee including the ADM, District Sikar (Rajasthan) responsible officers from the Water Resources Department and Hydrologist, Ground Water Department and the Scientist of CPCB where they have mentioned that the District Administration has been directed and asked to remove the encroachments but for removal of the encroachments necessary identification and measurement is required to be done by the District Administration which is a very difficult job due to change of the river bed and flow of the water in the river.
10. Accordingly, we direct as follows :
i. Water Resources Department should prepare detailed report identifying the area of the river bed with the help of the District Administration , revenue department, Mines , PWD department and to ascertain according to the parameters laid down by the CPCB and as per revenue records.
ii. After preparation of that report the same may be published in the official website of the Collector and objection shall be obtained from the persons aggrieved by the above identification. After finalization of the objections the encroachments if found within the river belt should be Original Application NO. 59/2024 (CZ) Amit Kumar & Anr vs. State of Rajasthan & Ors.
immediately removed after following the due process of law.
11. With these observations the Original Application No. 59/2024 stands disposed of.
1.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 12th August, 2024 O.A. No. 59/2024(CZ) K Original Application NO. 59/2024 (CZ) Amit Kumar & Anr vs. State of Rajasthan & Ors.