Rajasthan High Court - Jodhpur
Shivang Airi vs Rajasthan Pollution Control Board on 1 December, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5197/2019
Shivang Airi S/o Late Shri Onkar Prasad Sharma, Aged About 31
Years, 401 Sanskar Apartment, Navratan Complex, Udaipur -
313001 (Raj.).
----Petitioner
Versus
1. Rajasthan Pollution Control Board, Through Its Chairman,
4 Jhalana Institutional Area, Jhalana Doongri, Jaipur -
302004 (Rajasthan). Email Chairperson @rpcb.nic.in
2. Member Secretary, Rajasthan Pollution Control Board, 4
Jhalana Institutional Area, Jhalana Doongri, Jaipur -
302004 (Rajasthan). Email Member-Secretary
@rpcb.nic.in
3. Regional Officer, Rajasthan Pollution Control Board,
Regional Office - Chittorgarh, Near Fci Godowan,
Chanderiya, Chittorgarh (Raj.). Email
[email protected]
4. State Of Rajasthan, Through The Principle Secretary,
Mines And Petroleum Department Of Mines And Petroleum
Government Of Rajasthan, Secretariat, Jaipur (Raj.).
5. Principal Chief Conservator Of Forests, Rajasthan,
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur - 302005, Rajasthan.
6. Director, Mines And Geology Department, Department Of
Mines And Geology, Government Of Rajasthan, Khanij
Bhawan, Shastri Circle, Udaipur - 313001 (Raj.).
7. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara (Raj.). Email
[email protected]
----Respondents
Connected With
S.B. Civil Writ Petition No. 5200/2019
Shivang Airi S/o Late Shri Onkar Prasad Sharma, Aged About 31
Years, R/o 401 Sanskar Apartment, Navratan Complex, Udaipur-
313 001 (Raj.).
----Petitioner
Versus
1. Rajasthan Pollution Control Board, Through Its Chairman,
4, Jhalana Institutional Area, Jhalana Doongri, Jaipur-
302 004 (Rajasthan) Email- [email protected]
2. Member Secretary, Rajasthan Poolution Control Board, 4,
Jhalana Institutional Area, Jhalana Doongri, Jaipur- 302
004 (Rajasthan) Email- [email protected]
3. Regional Officer, Rajasthan Poolution Control Board,
Regional Office- Chittorgarh Near Fci Godown,
Chanderiya, Chittor Garh (Raj.). Email-
[email protected]
4. State Of Rajasthan, Through The Principal Secretary,
Mines And Petroleum Department Of Mines And Petroleum
Government Of Rajasthan, Secretariat, Jaipur (Raj.).
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5. Principal Chief Conservator Of Forests, Rajasthan
Department Of Forest Government Of Rajasthan Van
Bhawan, Vaniki Path, Jaipur- 302005, Rajasthan.
6. Director, Mines And Geology Department, Department Of
Mines And Geology Government Of Rajasthan Khanij
Bhawan, Shastri Circle, Udaipur- 313 001 (Raj.).
7. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan Banswara (Raj.) Email-
[email protected]
----Respondents
S.B. Civil Writ Petition No. 16943/2019
M/s Premlata Panchal, A Proprietorship Firm, Through Registered
Power Of Attorney Holder Of The Proprietor Shri Ajay Gupta, S/o
Babu Lal Gupta, Aged 46 Years, Resident Of 3, Gupta Sadan, Bus
Stand, Talwara, District Banswara (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur - 302004, Rajasthan.
3. Principal Chief Conservator Of Forests, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office - Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan)
5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan -
327001.
----Respondents
S.B. Civil Writ Petition No. 16979/2019
Anil Kumar Choudhary S/o Late Shri Ajeet Singh Choudhary,
Aged About 65 Years, R/o 1-J-36, Housing Board, Mandir Road,
Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur- 302004, Rajasthan.
3. Principal Chief Conservator Of Forests, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office - Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan).
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5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan -
327001.
----Respondents
S.B. Civil Writ Petition No. 16980/2019
Mukesh Kumar Meena S/o Giriraj Meena, Aged About 45 Years,
R/o Shyam Colony, Behind Reliance Petrol Pump, Udaipur Road,
Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur- 302004, Rajasthan.
3. Principal Chief Conservator Of Forests, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office - Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan).
5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan -
327001.
----Respondents
S.B. Civil Writ Petition No. 16986/2019
M/s. Shri Kripa Marble And Minerals, Through Its Partner
Ramavatar Singhal, S/o Shri Kalyan Prasad Gupta, Aged 60
Years, Address- Plot No. 51, Ba Industrial Area, Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur- 302004, Rajasthan.
3. Principal Chief Conservator Of Forests, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office - Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan).
5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan -
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327001.
----Respondents
S.B. Civil Writ Petition No. 16987/2019
M/s. Tripura Marble And Granite, Through Its Partner Rajesh
Gupta S/o Shri M. L Gupta Aged 47 Years, Address- 116-A,
Industrial Area, Dahod Road, Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur- 302004, Rajasthan.
3. Principal Chief Conservator Of Forests, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office - Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan).
5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan -
327001.
----Respondents
S.B. Civil Writ Petition No. 16989/2019
Govind Prasad Gupta S/o Shri Gaya Prasad Gupta, Aged About
44 Years, R/o F-116A, Industrial Area Dahod Road, Banswara,
Through His Power Of Attorney Holder Anup Kumar Gupta, S/o
Shri Govind Prasad Gupta, Aged 44 Years, R/o Ward No. 9,
Tripura Villa, Behind Modern Petrol Pump, Link Road, Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur- 302004, Rajasthan.
3. Principal Chief Conservator Of Forests, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office - Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan).
5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan -
327001.
----Respondents
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S.B. Civil Writ Petition No. 17051/2019
M/s. Camus Stones Pvt. Ltd., A Pvt Ltd Company, Through Its
Director Shri Ajay Gupta S/o Babulal Gupta, Aged 48 Years,
Resident Of 3, Gupta Sadan, Bus Stand, Talwara, District
Banswara (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur-302004, Rajasthan.
3. Principal Chief Conservator Of Forest, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan).
5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan 327001.
----Respondents
S.B. Civil Writ Petition No. 17053/2019
M/s. Shri Tripura Marbles, A Partnership Firm, Through Its
Partner Shri Arjun Singh Champawat S/o Manohar Singh, Aged
48 Years, Resident Of 27, Ganpati Nagar-A, Bohra Ganeshji
Road, B.s.n.l. Tower On House, Girwa, Shastri Circle, District
Udaipur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur-302004, Rajasthan.
3. Principal Chief Conservator Of Forest, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan).
5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan 327001.
----Respondents
S.B. Civil Writ Petition No. 17061/2019
M/s. Tarun Lodha, A Proprietorship Firm, Through Its Sole
Proprietor Shri Tarun Lodha S/o Vijay Singh Lodha, Aged 51
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Years, Resident Of 405, Hiran Magri, Sector 11, Girwa, District
Udaipur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur-302004, Rajasthan.
3. Principal Chief Conservator Of Forest, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan).
5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan 327001.
----Respondents
S.B. Civil Writ Petition No. 17063/2019
M/s. Babula Gupta, A Sole Proprietorship, Through Its Authorized
Signatory Shri Ajay Gupta S/o Babulal Gupta, Aged 48 Years,
Resident Of 3, Gupta Sadan, Bus Stand, Talwara, District
Banswara (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur-302004, Rajasthan.
3. Principal Chief Conservator Of Forest, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan).
5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan 327001.
----Respondents
S.B. Civil Writ Petition No. 17065/2019
Manohar Trivedi S/o Late Sh. Pannalal Trivedi, Aged About 63
Years, Resident Of Commercial Colony, Gali No. 1, Opp. National
Insurance, Banswara, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
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Department Of Mines And Petroleum, Government Of
Mines And Secretariat, Jaipur, Rajasthan.
2. Rajasthan Polllution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongri, Jaipur- 302004, Rajasthan.
3. Principal Chief Conservator Of Forests, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office - Chittorgarh, Near Fci Godown,
Chanderiya, Chittorgarh (Rajasthan).
5. The District Forest Officer, Department Of Forest, Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan- 327001.
7. Director, Mines And Geology Department, Department Of
Mines And Geology Government Of Rajasthan Khanij
Bhawan, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 17067/2019
Gem Marbles (India) Pvt. Ltd., A Company Registered U Nder
The Compaines Act, 1956, Having Its Registered Office At
National High No. 8, Sukher, Udaipur Through Its Director
Deepak Agrawal S/o Shri Govind Agrawal, Aged About 34 Year,
R/o 2, Panchwati, Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Department Of Mines And Petroleum, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana Doongri
Jaipur- 302004, Rajasthan.
3. Principal Chief Conservator Of Forests, Rajasthan
Department Of Forest, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office- Chittorgarh, Nar Fci Godown, Chanderiya,
Chittorgarh (Rajasthan)
5. The District Forest Officer, Department Of Forest Van
Bhawan, Dahod Road, Banswara 327001.
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan 327001.
----Respondents
S.B. Civil Writ Petition No. 17357/2019
Smt. Meena Bhatt W/o Late Panna Lal Bhatt, Aged About 59
Years, Khandu Colony, Banswara, Tehsil And District Banswara,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Department Of Mines And Petroleum Government Of
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Rajasthan, Secretariat, Jaipur, Rajasthan.
2. Rajasthan Pollution Control Board, Through Member
Secretary, 04, Jhalana Institutional Area, Jhalana
Doongari, Jaipur-302004, Rajasthan.
3. Principal Chief Conservator Of Forests, Rajasthan
Department Of Forest, Government Of Rajasthan Van
Bhan, Vaniki Path, Jaipur 302005, Rajasthan.
4. Regional Officer, Rajasthan Pollution Control Board,
Regional Office- Chittorgarh, Near Fic Godown,
Chanderiya, Chittorgarh, Rajasthan.
5. The District Forest Officer, Department Of Forest Van
Bhawan, Dahod Road, Banswara, Rajasthan 327001
6. The Mining Engineer, Mines And Geology Department,
Government Of Rajasthan, Banswara, Rajasthan 327001
----Respondents
For Petitioner(s) : Mr. Vikas Balia
Mr. Tribhuvan Gupta
Mr. Lalit Pareek
Mr. DLR Vyas
Mr. Sharad Kothari
Mr. Abhishek Bohra
Mr. J.S. Naruka
For Respondent(s) : Mr. Manish Shishodia
Mr. Jaideep Saluja
Mr. Digvijay Singh Jasol
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 01/12/2021 Counsel for the petitioner submits that the bone of contention in the present matters is that the forest clearance granted for diversion of forest land under Section 2(ii) of the Forest Conservation Act, 1980 for mining of minor mineral in the State regulated under the Rules made under Section 15 MMDR Act, 1957 would be co- terminus with the period of mining lease or not?
The State Government, Mining Department earlier took a stand that the forest clearance granted for diversion of forest would not be co-terminus with the mining lease but shall come to an end earlier. (Downloaded on 03/12/2021 at 08:49:22 PM)
(9 of 9) [CW-5197/2019] Now Mr. Manish Shishodia and Mr. Digvijay Singh Jasol, counsel for the authority respondents, fairly submits that a decision has been arrived at by the Government of India, Ministry of Environment, Forest and Climate Change on 30.11.2017, whereby the Ministry examined the matter and has come to a conclusion that forest clearance granted for diversion of forest land shall be co-terminus with the period of mining lease.
The Mining Department has already accepted the stand taken by the Government of India.
In light of the aforesaid submissions, these writ petitions are disposed of with a direction to the respondents authorities to abide by the stand taken by the Government of India vide its letter dated 30.11.2017 and consider the period of forest clearance granted for diversion of forest land co-terminus with the period of mining lease. Any existing order contrary to aforesaid stand shall loose its effect.
It is further taken note that relying upon the stand of Union of India, the Pollution Control Board has already granted clearance to these concerned players in the same manner.
In case any cause of action remains, the petitioners shall be free to make representation.
(DR.PUSHPENDRA SINGH BHATI),J.
189-203-nirmala/Sanjay-
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