Strict enforcement of sand mining guidelines and monitoring required to prevent illegal mining and ensure environmental compensation recovery.

ORDER

1. This Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 has been registered, exercising suo moto jurisdiction based on a newspaper report published in daily newspaper Amar Ujala dated 28.01.2024 under the title "Rajasthan News "avaidh khanan ke khilaaf pradeshvyapi abhiyan ke tehet 24 ton avaidh bajri samaet garnaet zapt jaanch jaari ".

2. Report says that there is illegal mining and extraction of minerals in Bhilwara District, State of Rajasthan and authorities have seized a number of vehicles loaded with sand and bjri, illegally mined, but no adequate, appropriate, remedial preventive and punitive action has been taken against the persons who are indulged in illegal mining.

3. The matter was taken up by this Tribunal on 20.03.2024 and a committee consisting State Pollution Control Board, Collector Bhilwara and Central Pollution Control Board 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 :

I. “Introduction

Bhilwara is one of the 50 districts of Rajasthan State occupies an important place in the mineral map of Rajasthan. The main minerals are Lead, Zinc, Copper, Soap stone, Mica, China clay, Feldspar, Quartz, Philasite, Asbestos, Clay, Glass sand, Sand stone and Garnet. The main areas where mining is done in Bhilwara includes Agucha, Pur-Dariba, Devpura, Dedwas, Samodi, Kotri, Jahaspur, Ghevaria, Mandalgarh, Asind and Bijolyan. The Department of Mines & Geology, Govt. of Rajasthan has granted total 1498 number of mining leases in the area, where EC have been issued by SEIAA, Rajasthan to 425 and by DIEAA, Bhilwara to 813 mining leases. Rajasthan State Pollution Control Board (RSPCB) has issued Consent to Operate (CTO) to 1338 mining units/leases only. The total revenue generation from mining in Bhilwara is around 1507.78 Crore in last financial year.

The map showing major mining allowed areas in the Bhilwara district where leases have been granted by the Department of Mines & Geology, Govt. of Rajasthan.

To control illegal mining in Rajasthan, the Rajasthan Government issued a circular vide letter dated 05.07.2021. For compliance, following directions were issued:

a. Forest department is completely responsible for stopping illegal mining in forest areas.

b. Mining department is responsible for stopping illegal mining in non-forest areas.

c. Action against the illegal mining over khatedari land shall be done by Tehsildar.

d. Action against the illegal mining over land as industrial/other works by RIICOIUIT/other organizations shall be done by District Collector/Competent officer.

To control illegal mining in the State, State Government of Rajasthan initiated 15-days state wide surveillance campaign between 15.01.2024 and 31.01.2024. The surveillance team were constituted including officials from District Administration, Revenue Department, Dept. of Mining & Geology and Local Police.

The areas where cases of illegal mining were reported by the Bhilwara District Administration during the Campaign run on 27.01.2024, no lease had been granted by the Department of Mines & Geology. Govt. of Rajasthan in these areas.

II. FACTUAL STATUS

During the visit of Joint Committee on 15.05.2024, several areas in Bhilwara District where instances of illegal mining were reported by the District Administration were inspected. These are as follows:

1. 1st Location/ Site: Paldi Village, Block Bhilwara, Tehsil Bhilwara

i. On 27.01.2024, during the campaign drive by Govt. of Rajasthan against illegal mining. the team of District Administration, Bhilwara & Dept. of Mining & Geology, Bhilwara