NGT mandates strict enforcement of sand mining guidelines via digital monitoring, police checkpoints, CCTV, task forces, compensation recovery, and fund utilization for restoration to halt illegal activities in lake catchments.

ORDER

1. Newspaper article published in Dainik Bhaskar daily on 24.02.2024 highlighted and revealed that the sand mining mafias are rampantly mining illegally in the second largest mine-made lake of India which is approximately covering 36 square km. and stretches to a length of 14 km. and width of 9 km. having depth of 102 feet, and filling capacity of 14,400 acre feet in the District-Udaipur, Rajasthan.

2. It has further been submitted that the mining has been done up to the level of 20 feet through number of tractors and dumpers involved in transporting illegal mining activities.

3. Repeated directions have been issued by this Tribunal that the mining activity in the catchment area of the Jaismand lake should be permanently closed and further direction to recover an amount of compensation per person, found involved in the illegal mining activity and DFO was directed for restoration of the environment but in spite of all these facts, the illegalities are being continued for commercial benefit without any control.

4. The matter was taken up by this Tribunal and a joint committee was constituted to submit the factual and action taken report. In compliance with the order the joint committee visited the site and submitted the report as follows:-

1. As earlier illegal mining in the catchment area of Jaisamand lake was dealt by NGT, Principal Bench New Delhi in O.A. No. 140/2014 (Nanga Ram Dangi V/s Secretary, Department of Environment & Forest & Ors.) and passed an order dated 19.09.2018.Part of Judgement interalia reproduced as follows:

"We grant three months time to the Directorate of Mining and Geology Department, Government of Rajasthan, Udaipur ensure permanent closing of mining activity in the catchment area of Jaisamand Lake. The Department shall submit a report to the Tribunal on or before lat January, 2019. As has been submitted and prayed for by the Applicant in its Application, we deem it proper to exercise our powers under Section 15 of the National Green Tribunal Act, 2010 and direct the Department recover compensation amount of rupees one lakh each from the persons who are currently found to be doing illegal mining in the catchment of Jaisamand Lake. The amount of compensation shall be deposited with the Divisional Forest Officer who shall utilize the same for restoration of the ecology etc. of the area. As soon as the report received, the office is directed to register the same separately and place it before the Tribunal".

Also NGT its order dated 25.02.2019 O.A. No. 1086/2018 (Nanga Ram Dangi V/a Secretary, Department of Environment & Forest Ors.) directed as interalia reproduced as follows:

"We may also or this juncture that the persons who habitual repeatedly doing illegal mining, the Department shall recover deterring environment compensator from such persons. In other words, the compensation he Rs. 1 Lakh at the first instance and in case of repetition the amount shall be doubled and so on".

“It shall also be the responsibility of the Department to ensure that being all vehicles which are being used for such illegal mining not released from the court of law for which they shall take immediate steps to bring all the facts and conduct of such like vehicles owners before the appropriate court from where the vehicles said to be released. It is only on account of failure of the Department to bring all the facts before the Court concerned that vehicles being released usual manner".

2. Orders of the Tribunal dated 05.03.2024

The National Green Tribunal, Central Zone, Bhopal passed an order dated 05.03.2024 as follows: