Disposed

News Item Titled "Rajasthan News Awaidh Khanan Par Ankush Lagane Ke Liye Sarkar Gambhir Karvai Ke Baad Bhi Nhi Ruk Raha Hai Bajri Khanan" Appearing in Amar Ujala Dated 30.01.2024 v. Rajasthan State Pollution Control Board

NGT6 Aug 2024Original Application No. 112/2024

Case brief

AI extract

What is this about?

The NGT disposed of a suo motu application regarding illegal gravel mining in Rajasthan. A committee report indicated government action and site inspection findings. The Tribunal reiterated Supreme Court directions to monitor illegal mining and mandated the establishment of a district-specific grievance redressal mechanism with a toll-free number.

What did the court decide?

Direction to District Collector to monitor illegal mining and establish a grievance redressal mechanism with a Toll Free Number and Special ID.

News Item Titled "Rajasthan News Awaidh Khanan Par Ankush… — Environment and Pollution | NGT (2024)

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Item No. 03

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL

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(Through Video Conferencing)

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Original Application No.112/2024(CZ) (O.A.No.476/2024 - PB)

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News item titled "Rajasthan News Awaidh Khanan par ankush lagane ke liye sarkar gambhir karvai ke baad bhi nhi ruk raha hai bajri khanan" appearing in Amar Ujala dated 30.01.2024

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……Suo Moto

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Date of Hearing: 06.08.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER

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For Applicant(s):

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For Respondent(s) :

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Mr. Rohit Sharma, Adv. Mr. Prashant Sthapak, Adv. Mr. Shoeb Hasan Khan, Adv.

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ORDER

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This original application is registered suo motu on the basis of the news item titled "Rajasthan News: Awaidh Khanan par ankush lagane ke liye sarkar gambhir karvai ke baad bhi nhi ruk raha hai bajri khanan,appearing in Amar Ujala dated 3O.O1.2O24.

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The news item discloses large scale illegal mining and storage of gravel in Sirohi District of Rajasthan. As per the news item though the Government is serious about taking action against illegal mining and storage but it has no effect on the sand mafia. The news item

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News item titled "Rajasthan News Awaidh Khanan par ankush lagane ke liye sarkar gambhir karvai ke baad bhi nhi ruk raha hai bajri khanan" appearing in Amar Ujala dated 30.01.2024

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Original Application No.112/2024(CZ)

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discloses that the illegal mining is in progress in collusion with the department which is a cause of concern.

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The matter was taken up by this Tribunal on 29.04.2024 and a committee was constituted with direction to submit the factual and action taken report.

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The members of the committee visited the site and submitted the report as follows :

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“1. That as part of the campaign, the Police Department and Mines Department took action in response to a complaint of illegal mining in the village of Sarhad Chotila Bhagli, near Shivganj tehsil in Sirohi district. On 29.01.2024, a Moka Panchnama was prepared, leading to the seizure of a dumper and JCB, and a penalty of Rs 3,47,000 was imposed. On the same day, a total of six actions were taken against illegal mining and the unauthorized release of mineral gravel in the Sirohi district, resulting in the collection of Rs 11.28 lakh in penalties. This was reported in Amar Ujala on 30.01.2024. During the campaign period from 15.01.2024 to 31.01.2024, a total of 29 cases related to mineral gravel were documented, and Rs 34.19 lakh was recovered in penalties. These efforts are in line with the directions of the Hon’ble Supreme Court and the Hon’ble National Green Tribunal. The State Government is making concerted efforts to prevent illegal mining and mineral expansion through joint special campaigns involving the Revenue, Police, Mines, and Transport Departments.

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That in compliance with the point No.4 of the order dated 02.07.2024 of the Hon’ble Tribunal, the District Collector of Sirohi constituted a committee comprising of the Sub-Divisional Officer of Shivganj, the Regional Officer of the Pollution Control Board, Sirohi, and the Mining Engineer of Sirohi. According to the news published in Amar Ujala on 30.01.2024, this committee inspected Chotila village in Shivganj tehsil, Sirohi district, and the surrounding river area on 25.07.2024 and subsequently prepared a Report. The inspection report dated 25.07.2024 revealed no evidence of illegal mechanized mining of mineral gravel in the area. Local residents corroborated this finding, indicating that no machinery is used for mining activities in the region. Additionally, the spot investigation confirmed the absence of any machinery engaged in mining in the river area.

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That in compliance with the point No.5 of the order dated 02.07.2024 of the Hon’ble Tribunal, following directions are been taken:

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i. The State Government has constituted a committee under the

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News item titled "Rajasthan News Awaidh Khanan par ankush lagane ke liye sarkar gambhir karvai ke baad bhi nhi ruk raha hai bajri khanan" appearing in Amar Ujala dated 30.01.2024

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Original Application No.112/2024(CZ)

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chairmanship of the District Collector, as per orders dated 23.11.2002 and 29.01.2003. The committee comprises of the District Collector , Superintendent of Police, Mining Engineer, and Deputy Forest Conservator. This committee convenes regular monthly meetings to discuss and address issues related to illegal mining and its prevention. A joint team, formed by the committee, conducts routine inspections to curb illegal mining activities. Additionally, special campaigns are organized regularly under the directives of the State Government and the District Collector. These campaigns involve coordinated efforts to prevent illegal mining and expansion, with specific areas identified for targeted inspections and enforcement actions.

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ii. Additionally, following an order from the Mines Department dated 10.05.2010, a Special Investigation Team (SIT) was formed under the chairmanship of District Collector to focus specifically on preventing illegal mining and extraction. Meetings of this SIT are conducted on a regular basis to address and investigate complaints about unauthorized mining activities. Special campaigns and checks are carried out periodically in areas identified as hotspots for illegal mining, as per the instructions from the State Government and the District Collector.

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iii. Regular meetings are held by the committee constituted under the orders of the State Government to take action against illegal mining and extraction. The committee diligently works to address and prevent these activities. Furthermore, the State Government actively encourages the public to lodge complaints regarding illegal mining and extraction, ensuring that all reported issues are promptly investigated and addressed.

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iv. A contact portal has been developed, and a toll-free number, 181, has been issued, allowing anyone to lodge complaints about illegal mining and extraction. Complaints received through the portal and toll-free number are immediately forwarded to the relevant department in the concerned district for investigation. The concerned department conducts an investigation into the complaints and uploads the investigation report online. This report is then sent to the complainant, who is also contacted by phone to ensure their satisfaction with the compliance report. The District Collector monitors the complaints registered on the portal and the actions taken by holding weekly meetings. This ensures ongoing oversight and prompt response to all complaints related to illegal mining and extraction.

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v. The State Government gives wide publicity to the Sampark portal and the toll-free number 181. Efforts are made to raise awareness about these resources among the general public through various public relations programs organized in the district, including Ratri Chaupal events held at the village

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News item titled "Rajasthan News Awaidh Khanan par ankush lagane ke liye sarkar gambhir karvai ke baad bhi nhi ruk raha hai bajri khanan" appearing in Amar Ujala dated 30.01.2024

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Original Application No.112/2024(CZ)

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level. These initiatives ensure that the community is wellinformed about the available channels for reporting illegal mining and extraction activities.

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That hence, the directions provided by the Hon’ble Tribunal are being meticulously followed with the utmost seriousness which involves a comprehensive approach to ensuring that all the orders of the Tribunal are fully implemented and integrated into ongoing practices. Every step of the process, from compliance checks to enforcement actions, is executed with careful attention to detail, reflecting a strong commitment to upholding judicial directives. The adherence to these instructions is not merely procedural but is conducted with a focus on thorough and effective implementation. This includes regular monitoring, detailed reporting, and prompt corrective actions as required.

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RECOMMENDATIONS:

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To address the issue of illegal mining of mineral gravel in Sirohi district, the department has taken proactive measures by delineating specific plots for the allocation of mining leases for mineral Bajari in river areas. To date, a total of 10 plots have been prepared: 2 plots in Shivganj tehsil and 8 plots in Reodar tehsil. These plots have been made available through an e-auction process to ensure transparency and competitive bidding.

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The department has issued Letters of Intent to the highest bidders who successfully participated in the e-auction. These Letters of Intent signify the provisional approval of the highest bids. However, the final mining permissions will be issued only after the bidders complete all required formalities and adhere to the stipulated regulations.

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This strategic initiative is designed to promote legal mining practices for mineral Bajari, thereby ensuring that this resource is accessible to the general public at reasonable prices. By fostering legal mining operations, the department aims to reduce the prevalence of illegal mining activities in the district. Furthermore, the department is actively working on delineating additional plots for mineral Bajari in river areas across other tehsils in the district to extend the benefits of this initiative district-wide.

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To combat illegal mining of mineral gravel in Sirohi district, the department has delineated plots for the allotment of mining leases for mineral Bajari in river areas. Specifically, 2 plots in Shivganj tehsil and 8 plots in Reodar tehsil have been prepared and made available through e-auction.

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News item titled "Rajasthan News Awaidh Khanan par ankush lagane ke liye sarkar gambhir karvai ke baad bhi nhi ruk raha hai bajri khanan" appearing in Amar Ujala dated 30.01.2024

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Original Application No.112/2024(CZ)

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Letters of Intent have been issued to the highest bidders. Mining permissions will be granted once the holders of these Letters of Intent complete the necessary formalities.

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This initiative aims to promote legal mining of mineral Bajari, making it accessible to the public at affordable rates while curbing illegal mining activities. Additionally, efforts are underway to delineate plots for mineral Bajari in river areas across other tehsil areas of the district.

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Respondent no. 2 CPCB has filed the reply with the facts that in view of the directions issued in O.A. No. 360/2015 by the National Green Tribunal necessary directions were issued to the State Pollution Control Boards to control the illegal mining and to evolve an appropriate mechanism for assessment of compensation in all the districts of the State and for utilization of recovered compensation for restoration of environment by preparing an appropriate action plan.

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The Hon’ble Supreme Court of India in Civil Appeal No. 4091-4093 of 2023 vide order dated 16.05.2024 observed that the State is rendering only lip service and at the sites, the illegal mining is allowed to continue, and directed to constitute a committee to control the illegal mining. The directions are extracted below :

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i. The State Government shall immediately constitute a Committee in each District, which will be headed by the District Collector consisting of officials of various departments including the Police department. The Committee shall be entrusted with a responsibility of stopping illegal mining which is taking place contrary to the impugned judgment of the NGT. The Committee shall ensure that regular site visits are made in the respective Districts;

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ii. It will be open for the first respondent to point out to the Committees any violation of the impugned judgment. We make it clear that the District Collectors and all officials forming part of the Committees shall discharge their duties as officers of this

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News item titled "Rajasthan News Awaidh Khanan par ankush lagane ke liye sarkar gambhir karvai ke baad bhi nhi ruk raha hai bajri khanan" appearing in Amar Ujala dated 30.01.2024

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Original Application No.112/2024(CZ)

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Court and they must remember that it is their duty to prevent illegal mechanised mining;

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iii. We direct the State Government to create a grievance redressal mechanism in each District in the form of a toll free number and a special email ID where citizens can lodge complaints regarding all kinds of illegal mining. The complaints received through this forum shall be immediately forwarded to the concerned Committee for taking action;

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iv. Wide publicity shall be given by the State to the availability of grievance redressal mechanism in the form of toll free numbers and email IDs. Publicity shall be given not only in the newspapers, but also through the local television channels. The appropriate officers of the State Government shall communicate the toll free numbers and email IDs to the first respondent within a maximum period of three days from today;

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v. A team of officials of the MoEF shall make periodical visits without notice to any of the State officials to various sites Where there is a possibility of carrying out illegal mining;

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vi. We make it clear that any violation by any official of the State of the directions issued by this Court as well as the directions issued by the NGT under the impugned judgment will be viewed seriously and will invite contempt action apart from any other action;

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vii. Both, the State Government and the Central Government, shall file compliance affidavits by 8th July,2024 which will be considered on 15th July, 2024;

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The report submitted by the committee discloses that the State Authorities/District Administration has taken steps to regularize the mining and there are mechanism to regularly monitor the illegal mining.

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In view of the above facts, we direct the State Administration/District Administration / District Collector to regularly monitor the illegal mining and to control it in accordance

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Original Application No.112/2024(CZ)

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News item titled "Rajasthan News Awaidh Khanan par ankush lagane ke liye sarkar gambhir karvai ke baad bhi nhi ruk raha hai bajri khanan" appearing in Amar Ujala dated 30.01.2024

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with the directions issued by the Hon’ble Supreme Court of India dated 16.05.2024 passed in the Civil Appeal No. 4091-4093 of 2023 and we further direct that the Collector have to create a grievance redressal mechanism in the Districts in the form of a Toll Free Number and the Special Id where citizens can lodge the complaints regarding all kinds of illegal mining. The complaints received through this forum shall be immediately forwarded to the concerned committee for taking actions.

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With these observations the Original Application No. 112/2024 (CZ) stands disposed of.

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Sheo Kumar Singh, JM

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Dr. A Senthil Vel, EM

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6^th August, 2024 OA No. 112/2024(CZ) K

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Original Application No.112/2024(CZ)

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News item titled "Rajasthan News Awaidh Khanan par ankush lagane ke liye sarkar gambhir karvai ke baad bhi nhi ruk raha hai bajri khanan" appearing in Amar Ujala dated 30.01.2024

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News Item Titled "Rajasthan News Awaidh Khanan Par Ankush Lagane Ke Liye Sarkar Gambhir Karvai Ke Baad Bhi Nhi Ruk Raha Hai Bajri Khanan" Appearing in Amar Ujala Dated 30.01.2024 v. Rajasthan State Pollution Control Board

Case brief

What is this about?

What did the court decide?

News Item Titled "Rajasthan News Awaidh Khanan Par Ankush Lagane Ke Liye Sarkar Gambhir Karvai Ke Baad Bhi Nhi Ruk Raha Hai Bajri Khanan" Appearing in Amar Ujala Dated 30.01.2024 v. Rajasthan State Pollution Control Board

Case brief

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What did the court decide?

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