Disposed

News Item Titled "Rajasthan Mei Avaidh Khanan Ke 676 Thikane Chinhit Do Din Mei 500 Karyavahi" Appearing in Abhay India Dated 18.01.2024 v. State of Rajasthan

NGT10 Sept 2024Original Application No. 110/2024

Case brief

AI extract

What is this about?

The NGT Bench disposed of a suo moto application triggered by a news report on alleged widespread illegal mining in Rajasthan. The court examined reports from a committee and the State regarding action taken against defaulters. Finding that steps had been initiated and fines levied, the court directed the State PCB and Mining Department to continue monitoring and enforce environmental guidelines s

What did the court decide?

Directed the State PCB and Mining Department to regularly monitor illegal mining and enforce the 2016 Guidelines and 2020 Enforcement Guidelines, taking strict action for any violation.

News Item Titled "Rajasthan Mei Avaidh Khanan Ke 676… — Environment and Pollution | NGT (2024)

¶1

Item No. 05

¶2

BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

¶3

Original Application No. 110/2024(CZ) (O.A.No.388/2024 - PB)

¶4

News item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶5

….Suo Moto

¶6

Date of Hearing: 10.09.2024

¶7

CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

¶8

For Applicant (s): For Respondent(s) : Mr. Rohit Sharma, Adv. Mr. Yadvendra Yadav, Adv. Mr. Shoeb Hasan Khan, Adv.

¶9

ORDER

¶10

This original application is registered suo motu on the basis of news item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in ‘Abhay India’ dated 18.01.2024.

¶11

The news item discloses extent of illegal mining in Rajasthan. As per the article, State Authorities had initiated campaign against illegal mining and about 676 sensitive areas have been identified, out of which 55 are in Bhilwara and Dungarpur. Tonk and Sawai Madhopur are also sensitive area with regard to illegal gravel mining. As per the news item, in addition to the gravel, masonry, stone and gypsum, the illegal mining of quartz, China clay, sand stone, kota stone, garnet and bentonite is in progress in the State. The news item also discloses the action by the Mining Department

¶12

¶13

O.A. No. 110/2023 (CZ News item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶14

against 500 such incidents but nothing is reflected in the news item in respect of imposition of Environmental Compensation (EC) by the State Pollution Control Board (SPCB) against the persons who are involved in illegal mining and who have caused damage to the environment.

¶15

The matter was taken up by this Tribunal and a committee consisting District Magistrate, representative of the RSPCB and one representative from the Director Mining, State of Rajasthan was constituted with direction to submit the factual and action taken report.

¶16

In compliance thereof the members of the committee visited the site and submitted the report as follows :

¶17

BACKGROUND AND SPECIFIC ISSUES IN THIS MATTER

¶18

As per the petition filed by the petitioner, following allegations

¶19

have been made:

¶20

Details of Original	Issues Raised
Application
OA No 110/2024(CZ) and 388/2024	State Authorities had initiated cam against illegal mining and about sensitive areas have been identified, out of which 55 are in Bhilwara Dungarpur. Tonk and Sawai Madhopur are also sensitive with regard to illegal gravel mining. As per the news in addition to the gravel, masonry, stone and gyp the illegal mining of quartz, China clay, sand stone, stone, garnet and bentonite is in progress in the State. news item also discloses the action by the M Department against 500 such incidents.	paign 676 and area item, sum, kota The ining

¶21

FACTUAL DETAILS:

¶22

DETAILS OF HOTSPOTS

¶23

O.A. No. 110/2023 (CZ News item titled "Rajasthan mei avaidh khanan ke 676

¶24

¶25

thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶26

a. In continuation to RSPCB, Bhilwara letter(s) dated 08.07.24 and 26.07.2024, Mining Engineer, Bhilwara has submitted details related to hotspots identified by mining department vide letter dated 26.07.2024.

¶27

b. As per the information received from Mining department, Bhilwara District has 02 Offices namely Mining Engineer, Bhilwara, and Mining Engineer ,Bijoliya, DistrictBhilwara .There are total 55 Hotspots are identified as illegal mining activities sensitive zone consisting 44 Hotspots under jurisdiction of Mining Engineer ,Bhilwara and 11 Hotspots under jurisdiction of MiningEn ineer,Bijoliya. Copies of RSPCB letters arc enclosed as Annexure-R-4 and Copy of detailed list of 55 Hotspots (44 Hotspots-Bhilwara and 11 Hotspots-Bijoliya) are enclosed as AnnexureR5.

¶28

DETAILS REGARDING PAST ACTION TAKEN AGAINST THE DEFAULTERS

¶29

c. In continuation to this office letter dated 08.07.2024 and 26.07.2024, Mining Department vide its letter dated 26.07.2024 has made following submissions related to action taken against illegal mining in Hot Spot Areas ( enclosed as Annexure-R6):-

¶30

Action taken details: - Illegal Mining Illegal Storage/ Illegal dispatch Period from 01.04.2022-30.06.2024: - (Table -1)

¶31

Name of Office /District Task Force	No. of Hot Spots Covered	Illegal mining, Storage, dispatch activities related cases	No. of FIR	Amount of fineimposed including compounding
ME, Bhilwara	44	543	181	Rs. 7,05,52,669/- or say Rs. Seven Crore five lac fifty two thousand six hundred sixty nine.

¶32

¶33

O.A. No. 110/2023 (CZ News item titled "Rajasthan mei avaidh khanan ke 676

¶34

thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶35

ME, Bijoliya	11	127	37	Rs.2,55,10,069/- or say Rs. Two Crore fifty five lac ten thousand sixty nine.
Total	55	670	218	Rs.9,60,62,738/- or say Rs. Nine Crore Sixty lac Sixty two thousand seven hundred thirty eight only.

¶36

DETAILS OF ACTION TAKEN BY DISTRICT LEVEL TASK FORCE AND MINING DEPARTMENT IN HOT SPOTS AREA AGAINST ILLEGAL MINING DURING SPECIAL DRIVE DURING 15.01.2024

¶37

TO 31.01.2024: -

¶38

d. In continuation to this office letter dated 08.07.2024 and 26.07.2024 Mining Department vide its letter dated 26.07.2024 has made following submissions related to action taken against illegal mining in Hot Spot Areas:

¶39

Action taken details: - Illegal Mining/ Illegal Storage / Illegal dispatch Special Drive Period from 15.01.2024-31.01.2024 (As per news item content):-(Table -2)

¶40

Name of Office /Distric t Task Force	No.of identif ied Hot Spot	Illegal mining, Storage ,dispatch activities related cases	No. of FIR	Amount of fine imposed including compounding
ME,Bhilwara	44	143	51	Rs, 141.13 Lac
ME, Bijoliya	11	48	16	Rs. 111.28 Lac
Total	55	191	67	Rs. 252.41 Lac

¶41

SITE OBSERVATIONS OF COMMITTEE

¶42

e. Joint Committee members and representatives have carried out the total 08 site visits of hot spots areas during dated 12.08.24 and 13.08.24. Observations made by the committee during visit are as under: -

¶43

¶44

O.A. No. 110/2023 (CZ News item titled "Rajasthan mei avaidh khanan ke 676

¶45

thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶46

That joint team has visited total 08 hotspots areas, as mentioned in below table no.3.

¶47

During site visit, no illegal mining was found at any of above visited hot spots area.

¶48

That most of these hot spot areas are having accumulation of rain water and presently have no illegal mining in these hot spots area during rainy season.

¶49

That summarized details of site visit is tabulated as under: -

¶50

(Ta	ble -3)
S.N o.	Date of Joint Visit	Details of Hotspots visited	Observationsmad during joint visit	Details of actiontaken previously,
'I.	12.08.24	Paancha Ka Baada, Tehsil –Jahajpur (Mainly for Masonry Stone )	No illegal minin /storage /transpor activities were found.	As per details provided by Mining Department, for the period from 01.04.22 to 30.06.24, total 11 cases were identified in this hot spot area and 02 F.I.R. were also filed. As of now Rs. 721595/- penalty including compounding has also been levied from defaulters.

¶51

¶52

O.A. No. 110/2023 (CZ News item titled "Rajasthan mei avaidh khanan ke 676

¶53

thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶54

2	12.08.24	River Banas stretch Village- Shakkarpura, Rampura, aam Iada,madhop ura,bharni khurd,gangit hala,laxmipura and Takhatpura, TehsilJahajpur (Mainly for River Sand	Rain water was found accumulated at various places in river stretch. No illegal sand mining / transportation was found during visit.	As per details provided by Mining Department, earlier, total 113 cases were identified in this hot spot area and 43 F.I.R. were also filed. As of now Rs. 1,29,58,476/-,penalty including compounding (EC)has also been levied from defaulters.
3	12.08.24	River Banas stretch Village- Amlada,mad hopura,Bharn i khurdTehsil- Jahajpur(Mai nly for River Sand )	 No illegal sand mining/ transportation was found during visit.  Rain water was found accumulated at various places in river stretch.

¶55

News item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶56

¶57

O.A. No. 110/2023 (CZ

¶58

4.	13,08.24	River Banas stretch Village- Bardod Tehsil- Hamirgarh As per details provided by mining department, earlier, total 102 cases were	No illegal sand mining / transportation/ machinery was found during visit	As per details provided by mining department , earlier total 102 cases were identified in this hot spot area and 21 F.I.R. were also filed. As of now Rs. 1,99,17,80%,penalty including compounding has also been levied from defaulters
5	13.08.202 4	River Banas stretch at Village- Swaroopganj and Darri Tehsil- Hamirgarh(M ainly for River Sand )	No illegal sand mining / transportation/ machinery was found during visit.

¶59

News item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶60

¶61

O.A. No. 110/2023 (CZ

¶62

6	13.08.24	Village- Fagano kheda, Mangrop,Dar ri ,Tehsil- Hamirgarh(M airily for River Sand and mineral )	No illegal sand mining /transportation/ machinery was found during visit	As per details provided by mining department, earlier, total 29 cases were identified in this hot spot area and 15 F.I.R. were also filed. As of now Rs.44,83,500/-, penalty including compounding (EC)has also been levied from defaulters.
7	13.08.24	Village- Takhatpura ,Tehsil- Hamirgarh( M ainly for Masonary Stone )	No illegal mining /transportation/ was found during visit. ,	As per details provided by mining department, earlier, total 08 cases were identified in this hot spot area and 02 F.I.R. were also filed. As of now Rs. 52,800/-, penalty including compounding (EC)has also been levied from defaulters.
8	13.08.2024	River Banas stretch at Village- Kanyakhedi Tehsil- Hamirgarh (Mainly for River Sand )	No illegal sand mining / transportation/ machinery was found during visit

¶63

Copies of cumulative mouka reports are enclosed as Annexure-R-7.

¶64

¶65

O.A. No. 110/2023 (CZ

¶66

News item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶67

OBSERVATIONS OF THE COMMITTEE

¶68

A. In opinion of the Joint Committee and on the basis of random visits of few hotspots , it has been found that presently no illegal mining/transportation of illegal mineral is being carried out. However, as per the records of the Department of Mines and Geology, possibility of illegal mining at these hotspots cannot be ruled out.

¶69

B. As per the records, illegal mining/transportation of illegal mineral is being carried out by individual persons and not by the lessees and suitable action against the defaulters has already been taken against the defaulters.

¶70

C. Environmental compensation is being imposed on vehicles used/indulged in illegal mining of River Sand (Bajari) in accordance with Hon'ble NGT, Principal Bench Order dated 19.02.2020 in the matter bearing Original Application no. 44/2016 titled as "Mushtakeem Vs MoEF&CC and others. Copy of order is enclosed as Annexure-R-8.

¶71

¶72

D. 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. Copies of these orders are enclosed as Annexure-R-9 & R-10. Further, environmental compensation from cases related to transportation of illegal mining of River Sand (Bajari) is being deposited under Budget Head-085300-800-06401) as compounding fees through challan under E- Grass module.

¶73

E. Further, defaulters which were found involved in illegal mining/storage/dispatch 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 defaulters. Department of Mines & Geology, Bhilwara, vide its letter dated 23.07.2024, has also informed and clarified the State Board that

¶74

News item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶75

¶76

O.A. No. 110/2023 (CZ

¶77

amount recovered as compounding fine amount and penalty from defaulter also includes the cost of environmental degradations

¶78

Learned Counsel for the Central Pollution Control Board has submitted that under the provisions of Mines and Minerals development and Regulation Act, 1957 the State Governments are empowered to make the rule for regulating the grant and control of the mining and later on the MoEF&CC under Environmental Impact Assessment Notification (EIA 2006) has issued Sustainable Sand Mining Management Guidelines 2016 and enforcement and monitoring guidelines for sand mining 2020 to regulate and control the sand mining. The State of Rajasthan has filed the reply. Learned Counsel for the State has submitted that previously, 676 areas prone to illegal mining were identified across various districts in the state. Joint teams have taken effective action at these identified locations and other sites and reports published in daily newspapers regarding incidents of illegal mining, export and storage of various minerals, the Chief Secretary issued an order dated 13.01.2024, directing the State Government to launch an intensive joint campaign. The campaign led by the District Collectors and involving the mines, Revenue, Police and Transport Departments, was initiated to address these concerns and ensure stringent and effective action is taken against illegal mining, export and storage.

¶79

That under this campaign, joins team have effectively taken action at previously identified illegal mning sites as well as other locations. As a result, 564 First Information Reports (FIRs) were lodged in 2,234 cases of illegal mining/export/storage, leading to

¶80

O.A. No. 110/2023 (CZ News item titled "Rajasthan mei avaidh khanan ke 676

¶81

¶82

thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶83

the arrest of 264 individuals the seizure of 1,902 vehicles involved in illegal mineral transportation and the recovery of 35.59 lakh tonnes of mineral resources. Additionally, fines amounting to crores have been levied and recovered. Following the state Government instructions, action has also been taken using drone technology to monitor and curb illegal mining activities. That the Joint compaign is ongoing, and from 01.01.2024 to 31.08.2024, 3,803 cases of illegal mining/export/storage were registered, resulting in 639 FIRs, the arrest of 264 individuals, the seizure of 3,359 vehicles, and the collection of fines totalling of Rs. 49.41 crores.

¶84

That from January to July 2024, 225 district level and 309 subdivision level meetings were held to review and coordinate the ongoing operations.

¶85

We have gone through the records and heard the argument and we are of the view that the proper actions have been initated by the State Authorities to control the illegal mining and an amount of fine and environment compensation as noted above has been calculated and realised by the authorities concerned.

¶86

Accordingly, we further direct the state PCB and the Mining Department to regularly monitor the illegal mining and to enforce guidelines in 2016 and 2020 and in case of any violation strict regulatory and punitive action must be taken immediately.

¶87

News item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶88

¶89

O.A. No. 110/2023 (CZ

¶90

With these observations the O.A. No. 110/2024(CZ) stands

¶91

disposed of.

¶92

Sheo Kumar Singh, JM

¶93

Dr. Afroz Ahmad, EM

¶94

10^th September 2024 O.A. No. 110/2024 (CZ) K

¶95

News item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024

¶96

¶97

O.A. No. 110/2023 (CZ

News Item Titled "Rajasthan Mei Avaidh Khanan Ke 676 Thikane Chinhit Do Din Mei 500 Karyavahi" Appearing in Abhay India Dated 18.01.2024 v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

News Item Titled "Rajasthan Mei Avaidh Khanan Ke 676 Thikane Chinhit Do Din Mei 500 Karyavahi" Appearing in Abhay India Dated 18.01.2024 v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vivek Verma vs

Khildev Singh Rawat vs

Satish Kumar vs Ministry of Environment Forest and Climate Change

Kaushalya Sharma vs Mathura Vrindavan Development Authority

News Item Titled Authorities Fail to Prevent Dumping of Construction & Demolition Waste in Pune Rivers Appearing in the Hindustan Times Dated 04.07.2024 vs the State of Maharashtra through Pune Municipal Corporation through Its Commissioner

Shri Laxman Gayanu Kalugade vs Member Secretary Mpcb

News Item Titled Explosion Kills One Injures Six in ChhattisgarhS Bemetara Factory Blast" Appearing in the Deccan Herald Dated 25.05.2024 vs Chhattisgarh Pollution Control Board

Rakesh Khandelwal vs

Navendu Mishra vs Municipal Corporation of Seoni

Navendu Mishra vs Municipal Corporation of Seoni

News Item Titled "4 Die in Chhattisgarh Mine Collapse" Appearing in the Times of India Dated 28.02.2024 vs Chattisgarh Environment Conservation Board

Milind Thakre vs State of Madhya Pradesh through Its Principal Secretary (Forest)

News Item Titled Explosion Kills One Injures Six in ChhattisgarhS Bemetara Factory Blast" Appearing in the Deccan Herald Dated 25.05.2024 vs Chhattisgarh Pollution Control Board

Sou Motu Action on the News Paper Article Pubshed in Rajasthan Patrika Balotra Edition on 16TH March 2024 Regarding Spreding of Chemical Water Effluent Relarsed by the Industries Rajasthan vs State of Rajasthan