ORDER

1. Grievance of the complainant in this letter petition is that there are sand mining activities in Khari Nadi river bed by creating deep trenches and without following the conditions of Environmental Clearance like plantation etc. The Miners are also using heavy machines like dumpers, trollers etc. but despite having knowledge of the said illegal mining activities, authorities have not taken any action in the matter. The heavy loaded vehicles have also caused damage to village roads but the persons indulged in illegal mining are not taking any action for maintenance of the roads. All the terms and conditions of mining are being flouted by the persons engaged in mining activities. It is said that the mining activities are being carried on by Vikramaditya Singh Rathore s/o Hanuwat Singh and others in the Khari Nadi in villages Hanutia, Jalia, Asan, Baral, Nagar, Badli, Devalia Kalan, Gudda, Mataji Ka Kheda etc. The illegal Miners are also cutting green trees in a wholly illegal Miners without any permission from the competent authority.

2. The matter was taken up by this Tribunal on 25.05.2023 and a committee was constituted to submit the factual and action taken report.

3. Members of the committee visited on the site and submitted the report as follows:-

1. “Field visit of the site viz. river bed of Khari Nadi located in Villages Hanutia, Jalia, Asan, Baral, Nagar, Tehsil- Bijainagar and Masuda and Villages Badli, Devalia Kalan, Gudda, Mataji ka Kheda, Tehsil- Bhinay of District- Ajmer and stock yards/points located in village Asan, Nagar Tehsil- Bijainagar and Masuda, District- Ajmer and village Badli, Tehsil- Bhinay, District- Ajmer was carried out on dated 17.07.2023.

2. It was observed that the Villages viz., Jalia-II, Nagar mentioned in the complaint of Smt. Meenu Kanwar Rathore belongs to Mining Lease No. 119/2012 sanctioned in the name of M/s Vikramaditya Singh Rathore by the State Government.

3. The Village Hanutia and Baral does not lie in the mining Lease area of M/s Vikramaditya Singh Rathore.

4. The villages Asan and Nagar, each possess one sanctioned stock point by Mining Department.

5. Mining activity has not started in village Jalia-II till date.

6. The major mining activities of M/s Vikramaditya Singh Rathore lie in Village- Nagar.

7. The villages viz., Badli, Devlia Kalan, Gudda, Mata Ji Kheda, mentioned in the complaint of Smt. Meenu Kanwar Rathore belongs to Mining Lease No. 196/2012 sanctioned in the name of M/s Abhimanyu Choudhary by State Government.

8. The Village Badli possesses one stock point of sand sanctioned by Mining Department and mining activities are presently undergoing in Village Badli, Tehsil- Bhinay.

9. Mining activity has not started in Village Devlia Kalan, Gudda and Mata ka Kheda till date.

10. During verification, it was found that no mining activities were undergoing in the bed of Khari Nadi in compliance with Sustainable Sand Mining Management Guidelines, 2016 and Hon‟ble Supreme Court order dated 11.11.2021 according to which mining of river sand shall be banned during monsoon period, i.e. from 01 July to 01 September each year.

11. It was observed that a number of pits have been dug for excavation of Bajri at various locations of river bed of Khari Nadi within the Lease areas. Many of the pits were found filled with rain water. The depth of the mining pits within the Lease area was not found to be more than 3 metres. No intersection of ground water table was found.

12. During verification, following observations were made w.r.t. plantation in and around the Lease area: