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(34 of 66) [CW-2996/2018

4. The grant of quarry licenses, mining leases and other mineral concessions in respect of minor mineral in the State of Rajasthan were governed by Rajasthan Minor Mineral Concession Rules, 1986 (for short "the Rules of 1986"), framed by the State Government in exercise of power conferred by Section 15 of the Mines and Minerals (Development & Regulation) Act, 1957 (for short "the Act of 1957").

5. The issue of serious environmental impact on ephemeral, seasonal and perennial rivers and river beds and adverse effect on biodiversity on account of quarrying, mining and removal of sand from instream and upstream of several rivers came up for consideration of the Supreme Court in the matter of 'Deepak Kumar vs. State of Haryana' 2012(4) SCC 629. During the course of hearing, the Court issued directions to the Central Empowered Committee (CEC) to make local inspection with the intimation to Ministry of Environment & Forest (MoEF), of the State of U.P., State of Rajasthan and State of Haryana with regard to alleged illegal mining going on and to examine whether there has been an attempt to flout Environment Impact Assessment (EIA) notification dated 14.9.06 by breaking the homogenous area into pieces of less than five hectares. CEC was also directed to examine whether the activities going on in that area have any adverse environmental impact. In compliance of the order, CEC submitted a detailed report. After due examination of the report submitted by the CEC as also taking into consideration the recommendations of MoEF, the Supreme Court opined that it is highly necessary to have an effective framework of mining plan which will take care of all environmental issues and also evolve a long term rational and sustainable use of natural resource base and also the bio-