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2024 Supreme(Online)(NGT) 1595
Item No.1 & 2 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)
Original Application No.199/2024(CZ)
Sunil Applicant (s)
Vs.
State of Rajasthan & Ors. Respondent(s)
WITH Original Application No.200/2024(CZ)
Sonu Applicant (s)
Vs.
State of Rajasthan & Ors. Respondent(s)
Date of Hearing: 17.10.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. A SENTHIL VEL,, EXPERT MEMBER For Applicant (s):
For Respondent(s) : Mr. Vaibhav Thakuria, Adv.
ORDER
1. Since the issue involved in these applications are common thus taken up together and heard and being decided by common order.
2. The issue raised are of illegal mining by one Mr. Sonaram Yadav with his son Mr. Ashok in the Village Bhoori Badaz, Thana Pragapura, Tehsil Pawta District-Kotputli-Behror, Rajasthan are being done illegally without any permission and sanction by the competent authority, damaging the environment and loss to the revenue.
3. On the same date O.A. No. 200/2024 was also filed raising the same issues in village Bhoori Badaz, Thana Pragapura, Tehsil Pawta, District Kotputli –Behror. In both the matters the State Pollution Control was directed to submit the factual and action taken report.
4. In compliance of the order the members of the committee visited the site and submitted the report as follows :
Joint Committee Visit In compliance of the aforementioned orders/letters, the joint committee officials/representatives, comprising the officials from District Administration,Mining Department and State Pollution Control Board, visited the sites (Khasra Nos. as mentioned in the Jamabandi submitted by the complainant with the email dated 18/07/2024 sent to Hon’ble Tribunal) as mentioned in the complaint in order to verify the present status, on dated 15/10/2024. Location of these khasra nos. have been pinned (Red Pins) on the Google Maps. Screenshot of the same is attached as follows:-
Observations A. The present status, regarding illegal sand mining, if any, on the pieces of land (Khasra Nos. as per Jamabandi) are as follows: -
.
S. No.
Khasra No.
Area of the khasra
GPS Co- ordinates
Site status during Joint Visit Whether Sand Mining observed
1.
1935
(In 1.07
27.636198 N, 76.060105 E
Agricultural activities as well as levelling work
during site No
2.
1712
0.79
27.629725 N,
Agricultural activities
No
3.
1717/2
0.18
76.063790 27.629276 N,
Agricultural activities
No
4.
1797
0.29
27.629531 N,
Agricultural activities
No
5.
1799
0.29
27.630000 N,
Agricultural activities
No
6.
3133/171
0.0120
27.629915 N, 76.062584 E
Agricultural activities and a kachha village road exist in the area (both khasra are adjacent to each other)
No
7.
3134/1717
0.2560
B. Observations related with the FIR registered during the illegal sand mining incident on dated 15/07/2024, as per the Factual Report received from Assistant Mining Engineer letter dated 15/10/2024 ( As per the factual status report submitted by the Assistant Mining Engineer, Kotputli, the technical employee of the mining office received information from mobile 7737182618 at about 4:40 PM regarding illegal transportation of Bajri by a tractor trolley in the Bhuri Bhadaj Area (01 km away from the nearby village Bhuri Bhadaj Gaushala)
Accordingly, the official posted by the department in Bhuri Bhadaj Gaushala was sent to the said location where a vehicle tractor with trolley without number MODAL B275 SI-SRNO- RU2E00862HE was found loaded with Bajri. On seeing the Border Home Guard, the driver tried to unload the gravel and fled leaving the vehicle on the spot.
The said vehicle was parked at Gaushala Premises Bhuri Bhadaj by the Border Home Guard. Information regarding the said action was given to SHO, Pragpura through telephone, on which Police Station Pragpura sent a police squad to the spot where the vehicle tractor with trolley without number MODAL B275 SI-SRNO-RU2E00862HE was found loaded with about 03 tons of Bajri.
Since the said vehicle owner was found to be carrying Bajri illegally, therefore, action was taken against the vehicle in accordance with the Rules 54 and 60 of Rajasthan Minor Mineral Concession Rules 2017.
In the aforesaid case, First Information Report having Number
405/2024 was filed in Police Station, Pragpura in which the vehicle tractor owner Sh. Raju Dhanka son of Sh. Shekhar Dhanka, resident of Bhuri Bhadaj has deposited the penalty amount of Rs 26,350/- imposed against the vehicle th
