NEWS ITEM TITLED "RAJASTHAN MEI AVAIDH KHANAN KE 676 THIKANE CHINHIT DO DIN MEI 500 KARYAVAHI" APPEARING IN ABHAY INDIA DATED 18.01.2024 vs STATE OF RAJASTHAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 1228

Item No. 05 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)
Original Application No. 110/2024(CZ)
(O.A.No.388/2024 - PB)
News item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in Abhay India dated 18.01.2024 ….Suo Moto Date of Hearing: 10.09.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant (s):
For Respondent(s) : Mr. Rohit Sharma, Adv.
Mr. Yadvendra Yadav, Adv.
Mr. Shoeb Hasan Khan, Adv.

ORDER

1. This original application is registered suo motu on the basis of news item titled "Rajasthan mei avaidh khanan ke 676 thikane chinhit do din mei 500 karyavahi" appearing in ‘Abhay India’ dated

18.01.2024.

2. The news item discloses extent of illegal mining in Rajasthan. As per the article, State Authorities had initiated campaign against illegal mining and about 676 sensitive areas have been identified, out of which 55 are in Bhilwara and Dungarpur. Tonk and Sawai Madhopur are also sensitive area with regard to illegal gravel mining. As per the news item, in addition to the gravel, masonry, stone and gypsum, the illegal mining of quartz, China clay, sand stone, kota stone, garnet and bentonite is in progress in the State. The news item also discloses the action by the Mining Department

1 against 500 such incidents but nothing is reflected in the news item in respect of imposition of Environmental Compensation (EC) by the State Pollution Control Board (SPCB) against the persons who are involved in illegal mining and who have caused damage to the environment.

3. The matter was taken up by this Tribunal and a committee consisting District Magistrate, representative of the RSPCB and one representative from the Director Mining, State of Rajasthan was constituted with direction to submit the factual and action taken report.

4. In compliance thereof the members of the committee visited the site and submitted the report as follows :

BACKGROUND AND SPECIFIC ISSUES IN THIS MATTER As per the petition filed by the petitioner, following allegations have been made:

Details of Original Application	Issues Raised
OA No 110/2024(CZ) and 388/2024	State Authorities had initiated campaign against illegal mining and about 676 sensitive areas have been identified, out of which 55 are in Bhilwara and Dungarpur. Tonk and Sawai Madhopur are also sensitive area with regard to illegal gravel mining. As per the news item, in addition to the gravel, masonry, stone and gypsum, the illegal mining of quartz, China clay, sand stone, kota stone, garnet and bentonite is in progress in the State. The news item also discloses the action by the Mining Department against 500 such incidents.

Details of Original Application

Issues Raised

OA No 110/2024(CZ) and 388/2024

State Authorities had initiated campaign against illegal mining and about 676 sensitive areas have been identified, out of which 55 are in Bhilwara and Dungarpur. Tonk and Sawai Madhopur are also sensitive area with regard to illegal gravel mining. As per the news item, in addition to the gravel, masonry, stone and gypsum, the illegal mining of quartz, China clay, sand stone, kota stone, garnet and bentonite is in progress in the State. The news item also discloses the action by the Mining Department against 500 such incidents.

FACTUAL DETAILS:

DETAILS OF HOTSPOTS

2 a. In continuation to RSPCB, Bhilwara letter(s) dated

08.07.24 and 26.07.2024, Mining Engineer, Bhilwara has submitted details related to hotspots identified by mining department vide letter dated 26.07.2024.

b. As per the information received from Mining department, Bhilwara District has 02 Offices namely Mining Engineer, Bhilwara, and Mining Engineer ,Bijoliya, DistrictBhilwara .There are total 55 Hotspots are identified as illegal mining activities sensitive zone consisting 44 Hotspots under jurisdiction of Mining Engineer ,Bhilwara and 11 Hotspots under jurisdiction of MiningEn ineer,Bijoliya. Copies of RSPCB letters arc enclosed as Annexure-R-4 and Copy of detailed list of 55 Hotspots (44 Hotspots-Bhilwara and 11 Hotspots-Bijoliya) are enclosed as AnnexureR-

DETAILS REGARDING PAST ACTION TAKEN AGAINST THE DEFAULTERS c. In continuation to this office letter dated 08.07.2024 and 26.07.2024, Mining Department vide its letter dated 26.07.2024 has made following submissions related to action taken against illegal mining in Hot Spot Areas ( enclosed as Annexure-R6):-

Action taken details: - Illegal Mining Illegal Storage/

Illegal dispatch Period from 01.04.2022-30.06.2024: -

(Table -1)

Name of Office /District Task Force	No. of Hot Spots Covered	Illegal mining, Storage, dispatch activities related cases	No. of FIR	Amount of fineimposed including compounding
ME, Bhilwara	44	543	181	Rs. 7,05,52,669/- or say Rs. Seven Crore five lac fifty two thousand six hundred sixty nine.

ME, Bijoliya	11	127	37	Rs.2,55,10,069/- or say Rs. Two Crore fifty five lac ten thousand sixty nine.
Total	55	670	218	Rs.9,60,62,738/- or

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