ORDER

1. A common question of law and fact have been raised in both the applications thus, are being decided by this common order.

A. Facts of O.A No. 48 of 2020

2. The present application is filed under Section 15 and Section 17(3)

read with Sections 18 and Section 20 of the National Green Tribunal Act, 2010, seeking compensation, restitution of the property damaged because of the mining activity undertaken in the villages of Shuklavas, Pichani, Pavana, Bhuchara and Dhudhavas located in Tehsil Kotputli, District Jaipur, Rajasthan.

3. The Members of the applicant organisation are from of Shuklavas, Pichani, Pavana, Bhuchara and Dhudhavas located in Tehsil Kotputli, District Jaipur, Rajasthan. The issue raised by the applicant organisation pertains to the above five villages located in Tehsil Kotputli, District Jaipur, Rajasthan, where the residential houses and agricultural field of individuals, common structures like public health centre, schools, water bodies and water sources are getting affected and being damaged because of uncontrolled mining. There are about 15 mines where the members of the applicant organisation resides, which are engaged in mining activity by use of explosives and also engaged in deep hole blasting.

4. The Respondents No. 7 to 21 are mining leases operating in the villages of Shuklavas, Pichani, Pavana, Bhuchara and Dhudhawas and are jointly liable for damaging the residential houses and agricultural field of individuals, common structures like public health centre, schools and depleting the water bodies and the water sources.

5. That most of the mining leases are in very close proximity to human habitation and agricultural fields. The mining lease holders that are operating the aforementioned 15 mines in close proximity to human habitation are carrying out mining activities by the method of deep hole blasting, that is not permitted close to human habitation, as per the provisions of the Rajasthan Minor Mineral concession Rules, 2017. Since the said mines are located within 50 to 200 meters from habitation, this is causing heavy structural damage to the houses of the people residing in the villages of Shuklavas, Pichani, Pawana (Ahir), Bhuchara and Dhudhawas, and large cracks have appeared in the walls ceilings of these structures, causing the affected villagers to live in constant fear of their houses collapsing.

6. Further, the deep hold blasting that is being carried out by the aforementioned 15 mining lease holders is also in close proximity to the Rajkiya Madhyamik Vidyalaya, located in Shuklavas village and Moolchand Prabhu Dayal Senior Secondary School that is located in pawana Vilrage and this has resurted in large cracks in the wars and ceiling of the school buildings as well’ The said Government Middle School in Shuklavashas about 300 students from the surrounding villages and the compromised structural integrity of the school buildings due to the blasting being carried out by the mining operators puts the lives of such a large number of students at great risk. Similarly, the said blasting has also damaged to Health Care Centre and Hospital located in Shuklavas. Further the senior secondary school in Pawana is also affected by the mining activity and the students studying there are in danger.

7. The Assistant Mining Engineer vide Notice dated 26.07.2019 had directed the l5 mining lease operating in the above five villages, that in case of short hole that a distance of 100 meters, should be maintained from Human habitats. Further the Notice also directed that in case of deep hole blasting the mining leases is to maintain a distance of 300 meters from Hum