Item No. 3 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No.148/2023(CZ)

Bhanwar lal Gurjar Applicant (s)

Vs.

State of Rajasthan & Ors.. Respondent(s)

Date of Hearing: 19 .09.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant (s): Mr. Dha ramivr Sharma, Adv.

For Respondent(s) : Mr. Rohit Sharma, Adv.

Mr. Om Shankar Shrivastav, Adv.

ORDER

1 The present application is filed for the preservation and conservation of Rivers Khari and Mansi, which originated in District Pali and is lifeline of Bhilwada, Shahpura and Kekdi Districts of Rajasthan. The place Daneshwar is Sangam Sthal, falls in Fuliakalan Tehsil, where more than 40 temples and many festivals, numerous Marriage Ceremonies takes place every year. The applicant approached this Hon’ble Tribunal because of illegal excavation of Bazri sand in violation of norms, conditions of Environmental Rules by the Respondent No. 6/PP who has not only demolished Farmers Open wells, irrigation pipelines, standing crops, full grown trees causing huge financial losses to the villagers and residents of Shahpura but made huge adverse impact on river Khari & Mansi no n perennial river of Rajasthan. The respondents is in violation of installing and excavating by using Heavy JCB & Poclain Machines which is not permissible for bajri mining. Upon Complaint the a Spot Mauka Parcha was prepared in presence of concerned Tehsildar on 27.09.2023 regarding destruction of pipe lines and full grown trees due to rampant and illegal mining activities of the PP.

2 The matter was taken up by this tribunal and a committee was constituted with direction to submit the report. In addition to that the respondents were directed to submit the reply. In compliance of the order members of the committee visited the site and submitted the report with the following facts :

“

During the visit, lease area of M/s Ashu Singh Bhati s/o Sh. Magan Singh Bhati, M.L. No. 111/2012, (River Sand/Bajri Mining), of Town Phooliya Kalan, village Kheda Hetam, Kajodiya and nearby area of Dhaneshwar Dham stretches were inspected, as prominent mining activities were carried out in these stretches. No illegal mining activities were found during visit in theses stretches. During, field visit, no mining activities were going on in the area.

2. Lease is operating after obtaining Environmental Clearance (EC) granted by MoEF &CC vide dated 14/10/2020, amended EC dated 27/10/2023 and having valid consent to operate dated 17/03/2023 with validity up to 19/01/2024. (Annexure-2a, Annexure-2b & Annexure-

2c).

3. Sign marks of mining activities were observed in Village- Phooliya Kalan, Village Kheda Hetam District- Shahpura, however depth of mining pits was not more than permitted depth.

4. A permitted stock point found near Ratadeh Chaurahaya (25(cid:176)47’5.04"N, 75(cid:176) 2’11.08"E) Village- Kajodiya (Phooliya Kalan), District- Shahpura was also visited. Mineral loading and transportation machineries/ vehicles were deployed at permitted stock site. 20 trees were planted at this site. Water spray arrangement for dust suppression was provided in form of flexible pipe mounted on water tanker.

5.Natural protected tress was found at the embankment of River Khari in Kajodiya (Phooliya Kalan) stretch near the stock point. No damage to the natural plants was found at this site. No signs of mining activity were observed in this stretch. No damage to open well and pipeline was found at this location.

6. Signs of mining activities were observed in river Khari at village- Kheda Hetam, Tehsil- Phooliya Kalan, District- Shahpura. Rain water was accumulated in the river bed at various places. A number of open wells were also observed in the river bed. It was informed by the concerned Patwari that the wells inside the river bed constructed by nearby farmers for irrigation purposes.

During the visit, no damage to open well and pipeline was observed