National Green Tribunal
News Item Titled "Rajasthan News ... vs State Of Rajasthan on 8 August, 2024
Item No. 06
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 moto...
Date of Hearing: 08.08.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s) : Mr. Yadvendra Yadav, Adv.
Mr. Rohit Sharma, Adv.
ORDER
1. This Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 has been registered, exercising suo moto jurisdiction based on a newspaper report published in daily newspaper Amar Ujala dated 28.01.2024 under the title "Rajasthan News "avaidh khanan ke khilaaf pradeshvyapi abhiyan ke tehet 24 ton avaidh bajri samaet garnaet zapt jaanch jaari ".
2. Report says 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.
1OA 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. 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.
4. In compliance thereof the members of the committee visited the site and submitted the report as follows :
I. "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.2
OA 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.
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.
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.
II. FACTUAL STATUS During the visit of Joint Committee on 15.05.2024, several areas 3 OA 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.
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 4 OA 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.
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 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/-
5OA 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.
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 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 6 OA 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.
detained by the Dept. of Mining & Geology, GoR.
vi. As informed by the Dept. of Mining & Geology no mining lease have been granted in this area for river sand mining.
III. DETAILS OF ACTION TAKEN i. 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 Illegal mining Illegal Amount of cases activity mining fine reported transportati imposed on on activity 27.01.2024 07 Mining of clay at 01 no. JCB Rs. 123360/-
Paldi Village, Block seized
Bhilwara, Teh.
Bhilwara clay at
Paldi Village, Block-
Bhilwara, Teh.
Bhilwara
7
OA 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.
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 04 nos. of
River sand at Banas Tractor Rs. 512000/-
River stretchat trolley with
Block- Mandalgarh, Bajri seized
Teh. Mandalgarh at the site.
FIR filed.
ii. 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 Illegal Illegal No. of Amount (1 April 2023 mining st mining FIR to activity transportati 30 April, 2024) th on activity 523 138 385 162 1936.76 Lacs iii. 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.
iv. 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.
8OA 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.
v. 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.
vi. 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-
Surveillance Illegal Illegal mining No. of Amoun of
Campaign mining transportation FIR fine
drive for activity activity imposed
illegal
mining in
Bhilwara
15.01.2024 85 61 19 157.15
to Lacs
31.01.2024
02.05.2024 16 65 03 114.03
to Lacs
15.05.2024
vii. 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.
viii. Public grievance redressal portal has been developed by the mining department for reporting of illegal mining in the district.
9OA 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.
III. Recommendations i. Strict enforcement of "Sustainable Sand Mining and Management Guidelines, 2016' (EMGSM- 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.
ii. 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.
iii. 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.
iv. 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.
v. The monitoring of mined material production and enforcement of Environment Management Plan shall be ensured by the Mining Authorities from time to time.
vi. 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 10 OA 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.
no illegal mining detrimental to environment is going on."
5. Learned counsel for the State PCB Mr. Rohit Sharma has filed the action taken report and further submitted that Mining Engineer has submitted the data as an action taken report for the period 01.04.2023 to 30.04.2024 : -
"Table :- 1 Total cases Illegal Illegal mining No. of Amount of (1stApril 2023 mining transportation FIR fine imposed to 30th April, activity activity 2024) 523 138 385 162 1936.76 Lacs i. Mining Engineer, Bhilwara vide its letter dated 08.07.2024, has submitted revised action taken report, updated data of the same is as under:-
Table :-2 Total cases Illegal Illegal No. of Amount (1st April mining mining FIR of fine 2023 to 30th activity transportat imposed April, 2024) ion activity 523 138 385 126 3023.25 Lacs ii. Out of total 523 cases mentioned in above table, 266 cases are related with the illegal mining and transportation of River Sand (bajari). Summary of these 266 cases and details of environmental compensation imposed and realized are mentioned as under: -11
OA 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.
Table: - 3 Type of Case- Total no. of case in River Sand which EC imposed Amount of EC Amount of EC (Bajari) (No) imposed(Rs) levied / realised (Rs) Illegal transport 243 case made 28600000 25400000 Illegal mining 23 case made 10400000 8400000 Total out of 523 266 39000000 or say 33800000 or say cases 3.9 Crore 3.38 Crore iii. Aforesaid environmental compensation has been imposed by the Department of Mines & Geology; Govt. of Rajasthan involved in illegal mining of Bajri. This EC has been imposed on the basis of Department of Mines & Geology order dated 16.05.2023 and its subsequent amendment dated 18.05.2023.
iv. Remaining 257 defaulters were found involved in illegal mining of minerals other than Bajri. Imposition of EC solely not covered under ambit of order 16.05.2023 and 18.05.2023 as being mineral other than Bajari. In order to recover the same, Department of Mines & Geology has imposed compounding fine amount and penalty against these 257 defaulters. Department of Mines & Geology, Bhilwara, vide its letter dated 22.07.2024, has also informed State Board that amount recovered as compounding fine amount and penalty from these remaining 257 units also includes the cost of environmental degradations.
Thus, in all the 523 cases as mentioned in table no. 2, total fine imposed is Rs. 3023.25 Lac and this amount consists compounding fine amount and penalty imposed on 257 defaulters found indulged in illegal mining and transportation of mineral other 12 OA 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.
than River Sand (Bajari) as well as Environmental Compensation imposed on the defaulters found indulged in illegal mining and transportation of River Sand (Bajari), specifically Environmental Compensation imposed in accordance with Hon'ble NGT order dated 19.02.2020 in the matter bearing Original Application no. 44/2016 titled as "Mushtakeem Vs MoEF&CC and others as referred and clarified vide Department of Mines and Petroleum, Govt of Rajasthan Order dated 16.05.23 & 18.05.23.
v. In addition to above, upon pursuing the list of 257 defaulters found indulged in illegal mining and transportation of mineral other than River Sand (Bajari), 18 defaulters are identified as lease holder (lessee) and a letter has been sent to Mining Department to provide complete details about these 18 lessees for proposed imposition of EC by RSPCB vide letter dated 22.07.2024. Copy of letter is enclosed as Annexure- R-8. Further, based on the information received from the mining department vide Mining Engineer, Bijoliya ,Bhilwara letter dated 23.07.2024, Show cause notice for intended directions for depositing of Environmental Compensation under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 {(in compliance of orders of the Hon'ble Supreme Court in Writ Petition Civil No. 375/2012 Paryavaran Suraksha Samiti & Anr. Vs Union of India & Others and the Hon'ble National Green Tribunal in Original Application No. 606/2018- compliance of Municipal Solid Waste Management Rules, 2016 on the basis of polluter pay principles as well as order issued under OA 85/2024 (Old OA 251/2024) have also been issued to these 18 defaulters vide RSPCB letter dated 24.07.2024."
13OA 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.
6. In view of the above report, we direct the State PCB to strictly enforce the Sustainable Sand Mining & Management Guidelines 2016 and & The Enforcement and Monitoring Guidelines for Sand Mining, 2020 and there must be effective monitoring mechanism for preventing the illegal mining and remedial measures including surveillance system and recovery of compensation, constituting the district level task force, identifying the mining with proper demarcation and there must be realization of environmental compensation according to rules. We direct the State PCB to strictly enforce the rules and guidelines and in-case of violations necessary action must be initiated.
7. With these observations, the Original Application No. 85/2024 stands disposed of.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 08th August, 2024 O.A No. 85/2024(CZ) PN 14 OA 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.