NGT mandates environmental compensation for illegal mining on polluter pays principle using CPCB exceedance/risk factors or NPV; vehicles released only on fixed penalties scaled to value, overriding Cr.P.C.; strict monitoring required.

ORDER

1. Heard the argument and perused the record.

2. The issue of large scale of illegal mining using heavy materials and machines in Jatiyana Hill just next to the Alwar District Headquarter was reported in violation of MoEF notification and environmental rules.

3. The matter was taken up by this Tribunal and a committee was constituted to submit the factual and action taken report in addition to that respondents were also directed to submit their reply. The respondent nos. 1 and 5 have filed the reply with the facts that :-

i. The illegal mining on the Hill is being conducted by local residents of Jathiana Village, permanently settled around the foot of the Hill.

ii. Hon’ble High Court of Rajasthan at Jaipur in Sanjay Kumar Garg vs. State of Rajasthan & Ors. DB Civil Writ Petition No. 9458/2018 directed the District Collector to form a Special Investigating Team (SIT) to conduct raids and to control the illegal mining.

iii. Hon’ble the High Court of Rajasthan, Jaipur again in W.P.(Civil) No. 467/2014 directed the Chief Secretary, Government of Rajasthan to take effective steps to curb illegal mining.

iv. The Mining Department has reported the registration of more than 20 FIRs pertaining to illegal mining.

v. It is pertinent to note that in the FIR No. 39/2023 dated 31.10.2023, Point 12 details the First Information Contents which categorically states that upon information received from the police Department, Mining Department sent Border Home Guards to the location along with the Police Officers, and when the JCB and Tractor loading illegally mined rock were approached, women from the surrounding houses came out and blocked the government vehicle not allowing them to move forward. This incident is suggestive of the submission made hereinabove regarding the illegal mining being done by the local residents of the Jathiana Village who have paved illegal pathways leading up to the Hill out of their own houses and interfere with the adjudication of the public servants.

vi. The Department of Mines and Geology has also issued 14 Challans since 2020 to 2023, against the Vehicles which were involved in illegal mining of masonry stone, chinnai stone, and khanij stone and the penalty amount has been recovered.

vii. Mining Engineer of the Department also wrote to the Police personnel vide letter dated 26.09.2023 and letter dated 10.10.2023, regarding an FIR registered on 13.09.2023 against 13 persons collectively requesting to arrest the concerned people and also to give the status of all such FIRs registered with respect to the Jathiana Hill.

viii. That all the vehicles which have been found to be transporting bajri and other stone which have been illegally mined from the Hill, have also been compounded.

4. The matter was taken up by this Tribunal on 21.11.2023 and this Tribunal observed as follows :

“The perusal of the report and reply reveals that there are serious violation of environmental rules, complete lawlessness in the area by use of threat and force even to the Police Department the illegal mining is continued. The reply reveals that the Govt. vehicle was blocked and not allowed to move forward by the violators of law.

It shows either the administration department is careless, negligent and not performing the duty seriously, fairly and honestly or they are also involved in promoting the illegal mining and thus directly and indirectly causing loss to the State Exchequer. The release of vehicles are completely violation of law laid down by this Tribunal and the directions issued in original application no. 360/2015 titled NGT Bar Association vs Balvinder Singh etc. which provides the seizure and relea