Disposed

Shivang Airi v. Rajasthan Pollution Control Board

Rajasthan HC1 Dec 2021CW/5200/2019

Case brief

AI extract

What is this about?

This writ petition challenged the position that forest clearance for minor mineral mining ends before the mining lease expires. The bench directed authorities to align forest clearance periods with the mining lease duration per Central Government guidelines.

What did the court decide?

Abide by Government of India stand dated 30.11.2017; forest clearance period to be coterminous with mining lease.

Shivang Airi Vs Rajasthan Pollution Control Board — Environment and Pollution | Rajasthan HC (2021)

¶1

(1 of 9)

¶2

[CW-5197/2019]

¶3

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶4

S.B. Civil Writ Petition No. 5197/2019

¶5

Shivang Airi S/o Late Shri Onkar Prasad Sharma, Aged About 31 Years, 401 Sanskar Apartment, Navratan Complex, Udaipur - 313001 (Raj.).

¶6

----Petitioner

¶7

Versus

¶8

Rajasthan Pollution Control Board, Through Its Chairman, 4 Jhalana Institutional Area, Jhalana Doongri, Jaipur - 302004 (Rajasthan). Email Chairperson @rpcb.nic.in

¶9

Member Secretary, Rajasthan Pollution Control Board, 4 Jhalana Institutional Area, Jhalana Doongri, Jaipur - 302004 (Rajasthan). Email Member-Secretary @rpcb.nic.in

¶10

Regional Officer, Rajasthan Pollution Control Board, Regional Office - Chittorgarh, Near Fci Godowan, Chanderiya, Chittorgarh (Raj.). Email [email protected]

¶11

State Of Rajasthan, Through The Principle Secretary, Mines And Petroleum Department Of Mines And Petroleum Government Of Rajasthan, Secretariat, Jaipur (Raj.).

¶12

Principal Chief Conservator Of Forests, Rajasthan, Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur - 302005, Rajasthan.

¶13

Director, Mines And Geology Department, Department Of Mines And Geology, Government Of Rajasthan, Khanij Bhawan, Shastri Circle, Udaipur - 313001 (Raj.).

¶14

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara (Raj.). Email [email protected]

¶15

----Respondents

¶16

Connected With

¶17

S.B. Civil Writ Petition No. 5200/2019

¶18

Shivang Airi S/o Late Shri Onkar Prasad Sharma, Aged About 31 Years, R/o 401 Sanskar Apartment, Navratan Complex, Udaipur313 001 (Raj.).

¶19

----Petitioner

¶20

Versus

¶21

Rajasthan Pollution Control Board, Through Its Chairman, 4, Jhalana Institutional Area, Jhalana Doongri, Jaipur302 004 (Rajasthan) Email- [email protected]

¶22

Member Secretary, Rajasthan Poolution Control Board, 4, Jhalana Institutional Area, Jhalana Doongri, Jaipur- 302 004 (Rajasthan) Email- [email protected]

¶23

Regional Officer, Rajasthan Poolution Control Board, Regional Office- Chittorgarh Near Fci Godown, Chanderiya, Chittor Garh (Raj.). [email protected]

¶24

State Of Rajasthan, Through The Principal Secretary, Mines And Petroleum Department Of Mines And Petroleum Government Of Rajasthan, Secretariat, Jaipur (Raj.).

¶25

(2 of 9)

¶26

[CW-5197/2019]

¶27

Principal Chief Conservator Of Forests, Rajasthan Department Of Forest Government Of Rajasthan Van Bhawan, Vaniki Path, Jaipur- 302005, Rajasthan.

¶28

Director, Mines And Geology Department, Department Of Mines And Geology Government Of Rajasthan Khanij Bhawan, Shastri Circle, Udaipur- 313 001 (Raj.).

¶29

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan Banswara (Raj.) [email protected]

¶30

----Respondents

¶31

S.B. Civil Writ Petition No. 16943/2019

¶32

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).

¶33

----Petitioner

¶34

Versus

¶35

State Of Rajasthan, Through The Principal Secretary Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶36

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur - 302004, Rajasthan.

¶37

Principal Chief Conservator Of Forests, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶38

Regional Officer, Rajasthan Pollution Control Board, Regional Office - Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan)

¶39

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶40

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan - 327001.

¶41

----Respondents

¶42

S.B. Civil Writ Petition No. 16979/2019

¶43

Anil Kumar Choudhary S/o Late Shri Ajeet Singh Choudhary, Aged About 65 Years, R/o 1-J-36, Housing Board, Mandir Road, Banswara.

¶44

----Petitioner

¶45

Versus

¶46

State Of Rajasthan, Through The Principal Secretary Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶47

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur- 302004, Rajasthan.

¶48

Principal Chief Conservator Of Forests, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶49

Regional Officer, Rajasthan Pollution Control Board, Regional Office - Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan).

¶50

(3 of 9) [CW-5197/2019]

¶51

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶52

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan - 327001.

¶53

----Respondents

¶54

S.B. Civil Writ Petition No. 16980/2019

¶55

Mukesh Kumar Meena S/o Giriraj Meena, Aged About 45 Years, R/o Shyam Colony, Behind Reliance Petrol Pump, Udaipur Road, Banswara.

¶56

----Petitioner

¶57

Versus

¶58

1. State Of Rajasthan, Through The Principal Secretary Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶59

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur- 302004, Rajasthan.

¶60

Principal Chief Conservator Of Forests, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶61

Regional Officer, Rajasthan Pollution Control Board, Regional Office - Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan).

¶62

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶63

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan - 327001.

¶64

----Respondents

¶65

S.B. Civil Writ Petition No. 16986/2019

¶66

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.

¶67

----Petitioner

¶68

Versus

¶69

State Of Rajasthan, Through The Principal Secretary Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶70

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur- 302004, Rajasthan.

¶71

Principal Chief Conservator Of Forests, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶72

Regional Officer, Rajasthan Pollution Control Board, Regional Office - Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan).

¶73

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶74

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan -

(4 of 9)

[CW-5197/2019]

327001.

----Respondents

S.B. Civil Writ Petition No. 16987/2019

¶80

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.

¶81

----Petitioner

¶82

Versus

¶83

State Of Rajasthan, Through The Principal Secretary Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶84

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur- 302004, Rajasthan.

¶85

Principal Chief Conservator Of Forests, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶86

Regional Officer, Rajasthan Pollution Control Board, Regional Office - Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan).

¶87

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶88

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan - 327001.

¶89

----Respondents

¶90

S.B. Civil Writ Petition No. 16989/2019

¶91

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.

¶92

----Petitioner

¶93

Versus

¶94

State Of Rajasthan, Through The Principal Secretary Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶95

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur- 302004, Rajasthan.

¶96

Principal Chief Conservator Of Forests, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶97

Regional Officer, Rajasthan Pollution Control Board, Regional Office - Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan).

¶98

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶99

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan - 327001.

----Respondents

(5 of 9)

[CW-5197/2019]

S.B. Civil Writ Petition No. 17051/2019

¶104

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).

¶105

----Petitioner

¶106

Versus

¶107

State Of Rajasthan, Through The Principal Secretary, Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶108

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur-302004, Rajasthan.

¶109

Principal Chief Conservator Of Forest, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶110

Regional Officer, Rajasthan Pollution Control Board, Regional Office Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan).

¶111

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶112

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan 327001.

¶113

----Respondents

¶114

S.B. Civil Writ Petition No. 17053/2019

¶115

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).

¶116

----Petitioner

¶117

Versus

¶118

1. State Of Rajasthan, Through The Principal Secretary, Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶119

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur-302004, Rajasthan.

¶120

Principal Chief Conservator Of Forest, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶121

Regional Officer, Rajasthan Pollution Control Board, Regional Office Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan).

¶122

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶123

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan 327001. ----Respondents

¶124

S.B. Civil Writ Petition No. 17061/2019

¶125

M/s. Tarun Lodha, A Proprietorship Firm, Through Its Sole Proprietor Shri Tarun Lodha S/o Vijay Singh Lodha, Aged 51

¶126

(6 of 9)

¶127

[CW-5197/2019]

¶128

Years, Resident Of 405, Hiran Magri, Sector 11, Girwa, District Udaipur (Rajasthan).

¶129

----Petitioner

¶130

Versus

¶131

State Of Rajasthan, Through The Principal Secretary, Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶132

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur-302004, Rajasthan.

¶133

Principal Chief Conservator Of Forest, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶134

Regional Officer, Rajasthan Pollution Control Board, Regional Office Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan).

¶135

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶136

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan 327001.

¶137

----Respondents

¶138

S.B. Civil Writ Petition No. 17063/2019

¶139

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).

¶140

----Petitioner

¶141

Versus

¶142

State Of Rajasthan, Through The Principal Secretary, Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶143

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur-302004, Rajasthan.

¶144

Principal Chief Conservator Of Forest, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶145

Regional Officer, Rajasthan Pollution Control Board, Regional Office Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan).

¶146

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶147

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan 327001. ----Respondents

¶148

S.B. Civil Writ Petition No. 17065/2019

¶149

Manohar Trivedi S/o Late Sh. Pannalal Trivedi, Aged About 63 Years, Resident Of Commercial Colony, Gali No. 1, Opp. National Insurance, Banswara, Rajasthan.

¶150

----Petitioner

¶151

Versus

¶152

State Of Rajasthan, Through The Principal Secretary

¶153

(7 of 9)

¶154

[CW-5197/2019]

¶155

Department Of Mines And Petroleum, Government Of Mines And Secretariat, Jaipur, Rajasthan.

¶156

Rajasthan Polllution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri, Jaipur- 302004, Rajasthan.

¶157

Principal Chief Conservator Of Forests, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶158

Regional Officer, Rajasthan Pollution Control Board, Regional Office - Chittorgarh, Near Fci Godown, Chanderiya, Chittorgarh (Rajasthan).

¶159

The District Forest Officer, Department Of Forest, Van Bhawan, Dahod Road, Banswara 327001.

¶160

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan- 327001.

¶161

Director, Mines And Geology Department, Department Of Mines And Geology Government Of Rajasthan Khanij Bhawan, Udaipur.

¶162

----Respondents

¶163

S.B. Civil Writ Petition No. 17067/2019

¶164

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.

¶165

----Petitioner

¶166

Versus

¶167

State Of Rajasthan, Through The Principal Secretary Department Of Mines And Petroleum, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶168

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongri Jaipur- 302004, Rajasthan.

¶169

Principal Chief Conservator Of Forests, Rajasthan Department Of Forest, Government Of Rajasthan, Van Bhawan, Vaniki Path, Jaipur 302005, Rajasthan.

¶170

Regional Officer, Rajasthan Pollution Control Board, Regional Office- Chittorgarh, Nar Fci Godown, Chanderiya, Chittorgarh (Rajasthan)

¶171

The District Forest Officer, Department Of Forest Van Bhawan, Dahod Road, Banswara 327001.

¶172

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan 327001.

¶173

----Respondents

¶174

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.

¶175

----Petitioner

¶176

Versus

¶177

State Of Rajasthan, Through The Principal Secretary Department Of Mines And Petroleum Government Of

¶178

(8 of 9)

¶179

[CW-5197/2019]

¶180

Rajasthan, Secretariat, Jaipur, Rajasthan.

¶181

Rajasthan Pollution Control Board, Through Member Secretary, 04, Jhalana Institutional Area, Jhalana Doongari, Jaipur-302004, Rajasthan.

¶182

Principal Chief Conservator Of Forests, Rajasthan Department Of Forest, Government Of Rajasthan Van Bhan, Vaniki Path, Jaipur 302005, Rajasthan.

¶183

Regional Officer, Rajasthan Pollution Control Board, Regional Office- Chittorgarh, Near Fic Godown, Chanderiya, Chittorgarh, Rajasthan.

¶184

The District Forest Officer, Department Of Forest Van Bhawan, Dahod Road, Banswara, Rajasthan 327001

¶185

The Mining Engineer, Mines And Geology Department, Government Of Rajasthan, Banswara, Rajasthan 327001

¶186

----Respondents

¶187

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. DigvijaySingh Jasol

¶188

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶189

Order

¶190

01/12/2021

¶191

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 coterminus with the period of mining lease or not?

¶192

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.

¶193

(9 of 9)

¶194

[CW-5197/2019]

¶195

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.

¶196

The Mining Department has already accepted the stand taken by the Government of India.

¶197

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.

¶198

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.

¶199

In case any cause of action remains, the petitioners shall be free to make representation.

¶200

(DR.PUSHPENDRA SINGH BHATI),J.

¶201

189-203-nirmala/Sanjay-

Shivang Airi v. Rajasthan Pollution Control Board

Case brief

What is this about?

What did the court decide?

Shivang Airi v. Rajasthan Pollution Control Board

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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