National Green Tribunal
Nanga Ram Dangi vs Secretary Department Of Environment & ... on 16 March, 2020
Item No. 02 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No.1086/2018
(Earlier O.A. No. 140/2014)
(I.A. Nos. 133/2020 & 134/2020)
Nanga Ram Dangi Applicant(s)
Versus
Secretary, Department of Environment
& Forests &Ors. Respondent(s)
Date of hearing:16.03.2020
CORAM:
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s): Ms. Katyayni,Advocate
For Respondent (s): Ms. Sneha Ravi Iyer, Advocate for
Ms. PadhmalakshmiIyengar, AAG
Mr. Rajkumar, Advocate
Mr. Rahul Khurana, Advocate
with Mr. Amit Kumar, Advocate
in I.A. Nos. 133 & 134/2020
ORDER
This original application relating to illegal mining in the area of Jaisamand Lake which is about 70kms from Udaipur City where Head Office of Rajasthan State Mining Department is situated.
A perusal of the proceedings since September, 2018 reveals that it has chequered history and despite of various efforts having been made by the Tribunal the Mining Department failed to stop llegal mining which is going on in 1 the area. Apart from the officers of the Mining Department, local administration etc had assured, from time to time, that illegal mining in the catchment area of Jaisamand Lake and the surrounding areas would be stopped.
On the last date of hearing, we had made another effort for stopping the illegal mining operations by calling Inspector General of Police, Udaipur Range, who had also seen the site and had admitted about illegal operations, to take up the matter seriously and initiate appropriate steps for stopping illegal mining oeprations and its transporation, including seizure of vehicles involved in it and the same may not be released without the order of the Tribunal.
Looking to the past history where no substantial steps had been taken and illegal mining continued in the area, we had directed the Inspector General of Police, Udaipur Range to take immediate steps and submit a report within four weeks. Looking to the urgency and proper assistance to the Tribunal, we had directed the Inspector General of Police, Udaipur Range to remain present on the next date.
The Inspector General of Police, Udaipur Range has not appeared before the Tribunal today and an affidavit has been filed on her behalf. A perusal of the affidavit reveals that deposition made therein in a generalized term without any specific details having been mentioned. The affidavit is attached with certain documents, glance of which shows that the same is not correct on the face of it, as for instance 2 annexures 3, 4 etc.The direction given to the Inspector General of Police, Udaipur Range was with the purpose of taking effective steps so as to stop illegal mining and transporation which was to be done within four weeks. But neither the work has been completed nor proper information has been given by the officer. As a matter of fact, there is no specific report/affidavit filed by the Inspector General of Police, Udaipur Range in pursuance of the order passed on 05thFeburary, 2020. The affidavit which has been placed before us is only in affidavit in support of documents attached to it. In other words no report in compliance of the order dated 05th February, 2020 has been placed before us nor the officer has appeared.
In the aforesaid circumstances, it is necessary that all the officers concerned including the Inspector General of Police, Udaipur Range; concerning officer of Transport Department as well as the Mining Department be present before the Trbunal on the next date of hearing with complete information and the relevant record in resepct of the steps taken in compliance of the order dated 05th February, 2020.
A copy of this order be sent to Inspector General of Police, Udaipur; Director Mining and Geology and District Transport Officer, through email forthwith. 3
List the matter on 25th March, 2020.
Justice Raghuvendra S. Rathore, JM Dr.Satyawan Singh Garbyal, EM JG 4