Item No. 05 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No. 53/2024(CZ)

(O.A.No. 15/2024 - PB)

Mahendra Jaliawada Applicant(s)

Vs.

State of Rajasthan & Ors. Respondent(s)

Date of Hearing: 16.07.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant(s): N one.

For Respondent(s) : Mr. Vaibhav Thakuria, Adv.

ORDER

1. This original application is registered on the basis of the letter petition received from one Mahendra Jaliawada, 305 Jeet Apartment, Ratanada, Jodhpur, Rajasthan with the allegation that illegal mining of Bajri is in progress at Gram Panchayat Khajwana, Tehsil Mundwa, Nagaur, Rajasthan by causing damage to the Khejri Tree which is the state tree in Rajasthan. It is alleged that on the land of the Applicant also illegal mining of Bajri is done by one Sitaram/Ramjeevan/Pichkiya and their gang and no action is taken by the competent authorities.

2. The matter was taken up by this Tribunal and a committee consisting District Magistrate, Nagore, Rajasthan and one representative for State PCB was constituted with direction to submit the factual and action taken report. In compliance thereof the members of the committee visited the site and submit the report as follows :-

“Observation –

During the field visit and on perusal of records, it was observed that –

A. Regarding Ms Smt. Rameshwari Devi W/6 Shri Rajaram, Reference No. 20221000070610, (ML. No. 31/2022), N/v-

Khajwana, Tehsil-Mundawa, District- Nagaur

1. That Environment Clearance was issued by State Environment Impact Assessment Authority (SELAA) Rajasthan de ferno (SEASEAC-Raj Sectt/Project/Cat B2(2343) 14 Jaipur dated 21.09.2023 for Silica Sand (Minor Mineral) with production capacity of 41250 ΤΡΑ (ROM)

2. That Consent to Operate was issued by Regional Office, RSPCB, Nagaur vide order lica Sind Nagaur (Mundaway(1)/2021- 20244919 Ched 08.01.2024 for Silica Sand (Minor Mineral) with production capacity of 41250 TPA (ROM) which is valid up to

31.12.2028.

3. That the mine was found non-operational during the inspection however mining operation had conducted in the past with 01 Nos. of pit.

4. That presently approx. 8-10 trees of Neem, khejri & other bushes etc were observed on site.

B. Regarding M/s Sh. Rameshwar Lal/Sh. Ramniwas, Reference No. 20231000083416, N/Khajwana, Tehsil-

Mundawa, District- Nagaur.

1. That Letter of Intent (LOI) had been issued by Additional Director of Mines (Mine) and compliance of LOI is still awaited before that report received by mining department on availability of mineral available which stated that mineral is friable sandstone.

2. That mine location was visited & khasra was found intact and no mining operation were found underway on the respective land.

It is pertinent to mentioned that as per report submitted by Mining Engineer, Nagaur: -

i. That as per original application of Sh. Mahendra Jaliawada there were two applications name Smt. Rameshwari and Sh. Ramehswar Lal on Khatedari Land of Village-Khajwana, Tehsile Mundawa, District-Nagaur.

ii. That regarding M/s Smt. Rameshwari Lease Agreement had been executed on 19.12.2023 am registration of lease agreement had been executed on 21.12.2023 and before that report received by mining department on availability of mineral available which stated that mineral in friable sandstone.

iii. That regarding Mis Sh. Ranmeshwar Letter of Intent (LOT) had been issued by Additional Director of Mines (Mine) and compliance of LOI is still awaited and before that report received by mining department on availability of mineral available which stated that mineral is frable sandstone.

iv. That earlier complaint regarding Smt. Rameshwari as mentioned in application of Sh. Mahedra Jaliawada had been verified by Mining’s Officials on 18.09.2023, illegal mining/production of approximate 360 Matric Tonne were found and as per rule penalty of Rs. 1,46,000/- were deposited to respective Mining Department.

v. T