Item No. 4 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)
Original Application No.183/2024(CZ)
(O.A.No.775/2024-PB)
News Item titled Rajasthan “ftEens kjks a dh feyhHkxr ls nkSlk ls nkSlk eas csjksdVksd Qy&Qwy jgk voS/k [kuu dkjksckj] vkn’s kks a dks Hkh Basxk fn[kk, ” appearing in The Amar Ujala dated 30.05.2024 …..Suo moto Date of Hearing: 19.12.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. A SENTHIL VEL, EXPERT MEMBER For Applicant (s): None For Respondent(s) : Mr. Om Shankar Shrivastav, Adv.
Mr. Yadvendra Yadav, Adv.
Mr. Shoeb H. Khan, Adv.
ORDER
1. This original application is registered suo-motu on the basis of the news item titled “Rajasthan: ftEens kjks a dh feyhHkxr ls nkSlk ls nkSlk es a csjksdVksd Qy&Qwy jgk voS/k [kuu dkjksckj] vkns’kks a dks Hkh Bsxa k fn[kk,”” appearing in The Amar Ujaladated 30.05.2024.
2. The matter relates to the alleged encroachment over thousands of bighas of government pasture land in Dausa, Rajasthan, due to the connivance and negligence of those responsible. Further, the newspaper alleges that illegal soil mining under the Nangal sub- division is continuously being carried out, which the newspaper
1 O A No.183/2024(CZ) News Item titled “Rajasthan: ftEesnkjksa dh feyhHkxr ls nkSlk ls states won’t be possible without the direct collusion of low-level officers.
3. According to the article, the villagers in “Bagh ki Dhani” and “Dhani Nagori” filed a complaint about this; however, the responsible officials took minimal action. The newspaper alleges that following the villagers’ complaints, the tehsildar responsible made a mere appearance without taking any real action. The paper highlights that it has become common to see trucks loaded with gravel, soil and stones on the roads during the day. The current government banned illegal mining, and various departments were involved at the state and district levels in forming an SIT. However, the article alleges that some officials have defied the government’s directives and are colluding with the mining mafia.
4. The matter was taken up by this Tribunal and a report was called from a committee consisting one representative from the District Magistrate, Dausa (Rajasthan), one representative from the Central Pollution Control Board and one representative from the State Pollution Control Board. In compliance thereof the committee has visited the site and submitted the report as follows :
“During field visit and on perusal of records, it was observed:
(i) That location of illegal sand mining was visited by the committee and it was observed that no soil mining was being carried out during visit. Growth of small Shrubs was also observed on the area which indicates that no soil mining carried in recent past. Information regarding past mining was gathered and found that some soil was excavated by some
2 O A No.183/2024(CZ) News Item titled “Rajasthan: ftEesnkjksa dh feyhHkxr ls nkSlk ls persons in the month of May, 2024 and they were directed at that time itself not to do such activity in future. It was reported by the representative of Revenue Department that, after the month of May, 2024 it was checked on 16.10.2024and on 04.12.2024 by the local administration, however no such incident of soil mining observed again.
(ii) That location of illegal encroachment was also visited by the committee and it was observed that there is encroachment in the form of cultivation on 0.20 hectare of pasture land by farmer of the adjacent agricultural land. During joint committee visit it was reported by the farmer that it happened unknowingly, in absence of clear demarcation of the boundary of pasture land. Local administration has already initiated required action under section 91 of Land Revenue Act, 1951 in the matter. Copy of one such notice dated 06.12.2024 Issued by local administration to Sh. Radheshyam S/o Sh. Laduram is enclosed. Local Administration has issued total 5 notices for encroachment on 0.70 Ha pasture land.
(iii) That it was reported by the representative of Department of Mines and Geology, Dausa that no mining lease has been allotted on the pasture land of Khasra No.5906/4976, Village Aluda Khurd, Tehsil Paparda, Distt. Dausa. Copy of letter dated 17.12.2024of AME, Dausa enclosed.
Recommendation (i) The committee is of the opinion that representatives of administration and Mining Department for the local area should have monitoring and regular vigilance of the area to ensure that incidents of soil excavation from pasture land and encroachment does not happen in future.
(ii) Effective operation of Public
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