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2024 Supreme(Online)(NGT) 1353

Item No. 5 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No.131/2024(CZ)

(I.A.No.87/2024)

Moti Singh Shekhawat Applicant (s)

Vs.

State of Rajasthan & Ors. Respondent(s)

Date of Hearing: 13.11.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant (s): None For Respondent(s) : Mr. Vaibhav Thakuria, Adv.

Mr. Lokendra Singh Kacchaw, Adv.

Mr.Shoeb Hasan Khan, Adv.

ORDER

1. The grievance in this letter petition is illegal mining in Khasra no. 80 which falls under the Arawali region in village Ballupura Gram Panchayat Khora in Dantaramgrah Tehsil Sikar District of Rajasthan. It is further stated that the mining within the area of Arawali Hills has been totally prohibited by the order of the Hon’ble Supreme Court of India and inspite of the fact that mining is prohibited some influential persons are regularly busy and continuing the mining operation in violation of environmental rules in blatant violation of order of Hon’ble Supreme Court of India.

2. Notices were issued to the respondents and in the meantime various I.As have been filed by the interveners with the facts that Hon’ble the Supreme Court has taken cognizance of the matter. The intervener has filed the copy of the order of Hon’ble Supreme Court of India dated 09.05.2024 in Writ Petition (Civil) No. 4677/1985 titled as M.C. Mehta vs. Union of India & Ors. where Hon’ble the Supreme Court of India has directed as follows :

“7. We, therefore, direct that a Committee be constituted comprising of the following officers/officials to have a uniform definition of the Aravalli hills and ranges:-

i. Secretary, Ministry of Environment, Forest and Climate Change, Government of India.

ii. Secretaries of the Department of Forests, Government of National Capital Territory of Delhi and the States of Haryana, Rajasthan and Gujarat.

iii. A representative of the Forest Survey of India.

iv. A representative of the Central Empowered Committee.

v. A representative of the Geological Survey of India.

vi. Joint Secretary, Ministry of Environment, Forest and Climate Change, Government of India, shall be the convenor of the Committee.

8. The said Committee shall submit its report within a period of two months from today.

9. In the meantime, we also issue the following directions, as suggested by Shri P. Parameshwar, learned Amicus Curiae, to which Shri Tushar Mehta, learned Solicitor General of India appearing for the State of Haryana and Shri K.M. Natraj, learned Additional Solicitor General of India appearing for the State of Rajasthan, do not have any objection:-

i. Direct the Union of India through the MoEFCC, State of Rajasthan, State of Haryana and GNCTD to file affidavits with details comments on the CEC Report No.3/2024 and also the issues identified hereinabove.

ii. The States of Haryana and Rajasthan should specifically indicate what steps for compliance of 15 (fifteen) Judgments/Orders of this Court’s have been taken by the respective States.

iii. The States of Haryana and Rajasthan should specifically state what action has been taken on the CAG/CEC Reports on illegal mining and whether prosecution under the relevant State Laws and Recovery Process has been undertaken.

iv. The State of Rajasthan to specifically state the actions taken pursuant to the FSI Report dated 22.02.2018 where illegal mining polygons have been identified. v. The State of Rajasthan be directed to reply to the FSI Report submitted to this Court pursuant to Order dated

19.02.2010. The FSI Report dated 25.08.2010 and the CEC Report thereon dated 25.10.2010 were shared with the State of Rajasthan way back in 2010.

vi. The States of Rajasthan and Haryana shall also state the extent and mapping of all boundaries of mining areas (mentioned in the mining leases) within the area of the State.

10. Shri K. Parameshwar, learned Amicus Curiae, has further submitted that until further orders are passed by this Court, no fresh mining leases or renewal of existing mining leases should be permitted in Aravalli Ranges and Hills in the States of Haryana and Rajasthan.

11. The said suggestion is opposed by Shri Tushar Mehta, learned Solicitor General of India and Shri K.M. Natraj, learned Additional Solicitor General of India and Shri A.N.S. Nadkarni, learned senior counsel appearing for the Federation of Associations of Mining in Rajasthan. It is submitted that millions of labourers are dependent upon the m

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