National Green Tribunal
Raghuvir Saini vs State Of Rajasthan on 10 October, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH,
BHOPAL
Original Application No. 78/2017 (CZ)
Raghuvir Saini vs. State of Rajasthan & 4 Ors.
CORAM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
PRESENT : Applicant : None
Respondent 2, 3 & 5: Shri S.S. Chouhan, Adv.
Respondent No. 4 : Shri S.S. Chouhan, Adv with
Shri S.S. Jadav, Deputy GM
Respondent : Shri Akash Ambedkar, Adv. for
Shri Om. Shankar Shrivastav, Adv.
Date and Orders of the Tribunal
Remarks
Order No. 7
10th October, This Application was filed drawing the attention of the Tribunal
2017
towards alleged illegal mining being carried out in the Arawali range in District Alwar Tehsil Tizara Village Gram Khanpur it was alleged that the applicant had brought this matter to the notice of the Government through the Chief Secretary alleging that the illegal mining was being carried out at villages (1) Chopanagi Police station and Tehsil Tizara District Alwar (2) Nimahedi police station and Tehsil Tizara District Alwar (3) Mundali Police Statation and Tehsil Baansur District Alwar (4) Natiyana Tehsil Alwar Police Station Shivaji Park (5) Bhetenda Police station Tehsil Mundawar District Alwar. The allegation also is that this was being done in connivance with the officials of the police department and the Mining Department. Photographic evidence to that effect was also filed by way of Annexure A-5 along with the application of areas being mined.
With a view to ascertain the veracity of the same notices were ordered to be issued. In the meanwhile, an application for impleading the respondent 6, 7 and 8 against whom the allegations were of being involved in the alleged illegal mining was allowed and they were ordered to be impleaded as party.
The reply on behalf of the State has been submitted wherein it has been stated as follows :
1. That the applicant has filed instant application alleging illegal mining and transportation of minerals in Arawali hill Range (Tijara, Alwar).
2. That, it is respectfully submitted by the answering respondents that, State government and Mining department along with the forest department are ensuring that no illegal mining activity takes place in the Alwar district as well as Tijara.
3. That, it is true that on 06.06.2017 information was received by the officers of the state government that a truck carrying illegal mineral is passing through Tijara tehsil and when the officers of police tried to stop the same the driver of the rolled the truck over one police constable and he died on spot. Their after the FIR was registered against four accused persons and they arrested and Charge-sheet has been filed before the competent court. Copy of brief report submitted by the AME (vigilance) is enclosed herewith as Annexure R-1 for the kind perusal.
4. That, it is further submitted by the answering respondent that, AME (vigilance) Tijara is regularly monitoring the area in question to prevent illegal mining. On 09.08.2017 the AME (vigilance) has also visited the area in question and it was found that no illegal mining is going on in the area in question as alleged in the original application, further a Panchana was also prepared by the AME (vigilance) in presence of local villager.
Copy of the Panchana is enclosed herewith as Annexure R/2 for the kind perusal.
5. That, the answering respondent carves the mercy of this Hon'ble -2- Tribunal to file paragraph wise reply in the matter if required at any stage.
Having perused the reply and the contents of the application we are of the view that no action is required to be taken at this stage, by this Tribunal as it is alleged that no illegal mining is allowed to be carried out and wherever such quarries have been noticed where originally in the past mining was being carried out steps have been taken to ensure that no fresh mining lease or ECs for the same has been granted and no mining is done. As stated in reply the steps have been taken for ensuring that no illegal mining is allowed to take place. This includes as stated by the State in its reply the appointment of Assistant Mining Engineer (Vigilance) for inspecting the area and regular patrolling by the police and as well as the Revenue and mining officials. Areas which were in previously under mining and for which no fresh leases have been granted and / or where no ECs have been granted these areas should be marked with lime and chalk to ensure and to come to any finding if subsequently any quarrying takes place in these areas.
In addition to the above the restoration plans for those areas for preventing any further mining must be put into execution which would include carrying out of plantation work of local fast growing variety of vegetation/trees.
In addition to the above garland drains / trenches surrounding the areas at more than one location should be dug so that no vehicle can approaching the old quarries sites for removal of the mineral.
The above is important in view of the fact that as it has been stated in para no. 3 of the reply submitted before us today that there has been an incident involving the overrunning of a police constable trying to stop the truck carrying the mineral illegally and who has even died as a result of being overrun by such vehicle carrying illegal mineral from mines site. In -3- order to prevent any vehicle from approaching and being loaded with the mineral trenches of sizeable width and depth skirting the area must be done so that it would prevent such vehicle from approaching the area. Care may also be taken so as that the trenches may act as garland drains for carrying the rain water to suitable locations where such depressions may be filled with water conservation and recharging of ground water in a proper manner for which expert opinion from the Water Resource Department can be obtained by the District Administration. In addition to the above there should be frequent inspections and visits by the mining officials who should be adequately given protection in the form of police and revenue officials as also the forest officials if necessary to ensure that no illegal mining be carried out.
Learned Counsel for the Applicant submitted that even today the illegal mining is going on. We direct that it should be open for the Applicant to approach court of the concerned magistrate for filing a complaint in this behalf for offences under the relevant law against such named persons who may be indulged in such offences. Since this is a matter of investigation as the Respondents in their reply have denied the allegations made by the Applicant with regard to the specific persons and this Tribunal will not be in a position to investigate the same we direct that proper compliance be filed and the same be investigated in accordance with law in the concerned court.
Since it has been brought to our notice that one police constable died as a result of the illegal transportation / overrunning by vehicle carrying the mineral illegally we would direct that the concerned court if not already having considered the matter with regard to the victim compensation scheme under section 357 (A) of the CrPC the matter be brought to the notice of the D.L.S.A and concerned court and the compensation in accordance with law that is schedule appended to the -4- Victim Compensation Scheme framed in 2011 as amended from time to time be paid to whom who may be entitled for such compensation. This victim compensation would be in addition to any compensatory relief which the concerned official may receive on account of either the departmental relief or his own insurance and benefits etc. These steps be taken within a period of one month from today.
With the aforesaid direction the Original Application NO. 78/2017 stands disposed of.
.........................................,JM (DALIP SINGH) ........................................,EM (Dr. S.S. GARBYAL) -5- -6-