Operations of stone crushers are prohibited within 500 meters from residential areas and schools to protect public health and the environment, as non-compliance violates statutory environmental guidelines.

JUDGMENT

1. The grievance of the Applicant is that illegal stone mining is carried out by M/s Global Stone Crusher at hill top of Modi Pahadi in violation of environmental norms at village Modi Post Mehada Jatuwas, Tehsil Khetedi District-Neem Ka Thana, Rajasthan. The alleged mining site is located at a distance of 100-150 meters from residential area, 50 meters from a Johad (Pond), Anganwadi Centre and one Balaji Temple, causing damage to environment, property, livestock, agricultural land and serious health hazard to local residents. Heavy blasting & JCB, Poklane machines are used causing cracks in houses. The said mining area on hill is the only one green forest and gouchar land in the village which is getting damaged due to heavy blasting and dust fall. There is danger to the nearby Modi Ilakhar Dam and lowering of groundwater table due to severe vibration.

2. It is to be noted that Neem Ka Thana in Rajasthan is newly declared district and is rich in mineral resources. Aravalli Range also passes through this area. The Hon’ble Supreme Court in T.N. Godhavarman Thirumulpad vs. Union of India & Ors. has directed that no permission including permission for expansion of mining can be granted in an area falling in Aravalli Hills in State of Rajasthan.

3. The cognizance of the matter was taken by this Tribunal in accordance with the provisions contained in the order of the Hon’ble Supreme Court in Municipal Corporation Grater Mumbai Vs. Ankita Sinha & Ors. [2021 SC Online SC 897]. Notices were issued to the Respondents and a Committee was constituted with direction to submit the factual and action taken report. Respondents have filed the reply. Members of the Committee visited the site and submitted the report and in response to the said report, the Applicant has filed the objection and Project Proponent has also filed the rejoinder.

4. Heard the arguments and perused the records.

5. The submissions of the learned counsel for the Applicant are that the Stone Crusher Units are operating at a distance of 100-150 meters from the settlement in the hill of the villagers and large quantity of machines at the top of the hill are using machines and poklane and doing the blasting activities causing terrible earthquake like situation and further creating cracks in the houses and throughout the day and night nearby residents and animals also become restless for the reasons of blasting. It is further alleged that there is a big playground in which everyday 100 children are practicing sport daily and this creates health problem to the younger generation.

6. The Members of the Committee after visiting the site submitted the report with the facts that cracks in houses are due to heavy blasting and the mining and blasting is being operated within 175 meters. It is further reported that the Project Proponent has Environment Clearance from DEIIA dated 16.12.2016 and reappraisal done by SEIIA, Rajasthan and EC was granted on dated 20.09.2024. Thereafter, Rajasthan State Pollution Control Board issued Consent to Operate on 20.05.2024 for the period 17.03.2024 to 28.02.2028 in favour of M/s Ashok Kumar Sharma for 1.0 Hectare, Mesonary stone with capacity of 196725 ΤΡΑ. It is also stated that that the DGMS issued permission for Heavy Earth Moving Machinery with deep hole blasting vide its letter dated 28.01.2025. Earlier vide letter dated 24.03.2025 & 25.03.2025 Directorate General of Mines Safety (DGMS), Ajmer(Region-2) was requested to be part of joint inspection on 28.03.2025 however such request was declined telephonically by DGMS as he is not part of Joint committee constituted by order of Hon’