Disposed

Dayaraam Gurjar v. State of Rajasthan through Its Secretary Forest

NGT3 Apr 2024Original Application No. 178/2023

Case brief

AI extract

What is this about?

This order addresses an application alleging illegal operation of stone crusher units in forest land near Kalakota, Rajasthan, causing air pollution. After reviewing committee and departmental reports confirming that some units were non-operative and others undergoing upgradation, the tribunal disposed of the application pending enforcement of environmental compensation notices.

What did the court decide?

Directed the State Pollution Control Board to periodically monitor violations and assess realisation of environmental compensation.

Dayaraam Gurjar vs State of Rajasthan through Its… — Environment and Pollution | NGT (2024)

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Item No. 07

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing) Original Application No. 178/2023(CZ)

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Dayaaram Gurjar Applicant(s)

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State of Rajasthan & Ors. Respondent(s)

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Date of Hearing: 03.04.2024

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

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For Applicant (s): Mr. Dharamvir Sharma, Adv. For Respondent(s) : Mr. Rohit Sharma, Adv.

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ORDER

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The issue raised in this application is illegal operation of stone crusher units in forest land at village Kalakota, Tehsil- Neem ka Thana, District Sikar, Rajasthan. It is alleged that the respondents stone crusher are operating illegally on the land adjoining forest area at Kalakota and misappropriating and encroaching the forest land for excavation and storage of stones. The stone crusher units are also causing air pollution to the area and the residents are the victim of air pollution during operation of stone crushing units.

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There are uncontrolled air emission and dust which is adversely affecting the human health and the environment. A substantial question of the environment has been raised.

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The matter was taken up by this Tribunal on 11.12.2023 and a committee was constituted with direction to submit the factual and action taken report. In compliance thereof, the members of the committee visited the site and submitted the report as follows :-

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i. “Committee visited the site of mining leases at Village – Kalakota, there are 3 mining lease. All the three mining lease were found non-operative and no illegal mining observed. There after all 03 stone crusher unit were visited at village Toda and found non operative. Pollution control measures in 01 unit was found adequate and in 02 units upgradation work was under progress, Then committee visited road passes through forest area and directed Forest Department to establish Choki with guard to stop passing of heavy vehicles through forest area. The committee also took photograph of the site Inspection and prepare moka report.

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ii. That Deputy Conservator of Forest, Sikar submitted factual report dated 23.01.2024. Forest Department has also established choki with guard in compliance of Joint Committee direction and submitted report dated 26.01.2024. A copy of the factual report dated 23.01.2024 & 26.01.2024 is submitted.

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iii. That Department of Mines & Geology, Neem Ka Thana submitted his factual report dated 29.01.2024, all the 03 mining leases with valid agreement and having no illegal mining. A copy of the factual report dated 29.01.2024 is submitted.

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iv. State Pollution Control Board submitted actual report, all the 03 mining lease and 03 stone crusher are under valid consent, these stone crusher established at converted land for industrial purpose by competent authority, pollution control measures in 01 stone crusher found adequate and in 02 stone crusher

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upgradation work under progress. There for State Pollution Control Board has issued closure direction on 25.01.2024 and imposition of Environment Compensation is under processes. A copy of the factual report and closure direction dated 25.01.2024 is submitted.”

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The Rajasthan State Pollution Control Board has submitted that the road in question as mentioned in the petition is a village road and the same is used by villagers and the forest officials.

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It is further submitted that the same road was used by the mining lease holders and stone crushers for commercial purposes and to meet out the problem a permanent choki by the Forest Department is required to be installed there to control the movement of such vehicles. During inspection it was found that 01 unit was found to be working under adequate pollution control measures and 02 units are in the stage of upgradation.

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The learned counsel for the applicant has filed the rejoinder with the fact that private vehicles engaged in mining operations are also using this road. This matter is within the domain of the forest department to regulate it according to rules.

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So far as the past violations are concerned the notices have been issued by the State Pollution Control Board for proper assessment and realisation of environmental compensation.

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In view of the above facts, since the State Pollution Control Board is under process of realising environmental compensation according to rules thus, State Pollution Control Board is directed to periodically monitor the violations of environmental rules and to assess the

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realisation of environmental compensation as per standard and parameter laid down by the CPCB and the Tribunal.

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With these observations Original Application No. 178/2023 stands disposed of .

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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03^rd April, 2024 O.A No. 178/2023 (CZ) PN

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Dayaraam Gurjar v. State of Rajasthan through Its Secretary Forest

Case brief

What is this about?

What did the court decide?

Dayaraam Gurjar v. State of Rajasthan through Its Secretary Forest

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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