Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 1779

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. SHEO KUMAR SINGH, J, HON’BLE DR. A. SENTHIL VEL, EM
Khanan Grasth Sangharsh Samiti Village, Shuklavas, District Kotputli-Behror Rajasthan – Appellant
Versus
Union Of India Through the Secretary Ministry of Environment Forest and Climate Change – Respondent
Original Application No. 223/2024(CZ)

Advocates:
For the Appellants/Petitioners: Mr. Rahul Choudhary, Adv.
For the Respondents: Mr. Om Shankar Shrivastava, Adv., Mr. Vaibhav Thakuria, Adv., Mr. Shoeb Hasan Khan, Adv. (for Mr. Rishabh Kumar, Adv.), Mr. Lokendra Singh Kachhawa, Adv., Mr. Yadvendra Yadav, Adv.

Mining activities must comply with environmental laws, ensuring safety and oversight, especially regarding operations near residential areas.

Headnote:(A) Environmental Protection Act, 1986 - Violations include absence of valid environmental clearance for mining activities adjacent to human habitation, causing significant disruptions including structural damages. Regulations require ESIAA reappraisal of previously granted Environmental Clearances for compliance. (Paras 1, 2, 4, 5, 8, 12)

(B) Duty of Care - Mining operations must avoid causing harm to nearby properties and local environments, including adherence to environmental regulations and blast safety protocols. (Paras 4, 12, 45)

(C) Presumption of Existence - Just because a water body is indicated in revenue records does not prove its physical presence; inspections found no evidence of a natural stream at the mining sites. (Paras 39, 40)

(D) Responsibilities of Authorities - State and Central Environmental Agencies must ensure compliance with mining regulations and maintain rigorous oversight of environmental assessments. (Paras 31, 33)

Facts of the case:
The applicant complained about harmful mining activities near human settlement, alleging breaches of environmental regulations and causing property damage. Mining leases No. 07/2000 and 13/2007 were cited as unauthorized and hazardous due to close proximity to living areas.

Findings of Court:
Identified the need for strict compliance with ecological laws and mandates for mining operations, while recognizing the lack of verified evidence to substantiate claims of damages related to mining activities.

Issues: Whether mining leases operated without necessary clearances and their impacts on local communities and environment. Were proper protocols followed for blasting?

Ratio Decidendi: The court emphasized that mining must be conducted with valid environmental clearance and without threatening local residents’ properties or wellbeing. The absence of a natural stream, despite record claims, was highlighted, and adherence to safety protocols for blasting was mandated.

Result: No violation found; application disposed of with directives for ongoing monitoring of compliance.

Item No. 01 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No. 223/2024(CZ)

IN THE MATTER OF :

Khanan Grasth Sangharsh Samiti Village, Shuklavas, District Kotputli-Behror Rajasthan Applicant(s)

Versus

1 Union Of India Through the Secretary Ministry of Environment Forest and Climate Change, CGO Complex, Lodhi Road, New Delhi, 110003 Respondent No. 01

2 State Expert Appraisal Committee, Rajasthan (SEIAA)

Through Member Secretary Office, Arawali Bhawan, Jhalana Doongri, Jaipur, Rajasthan Respondent No. 02

3 State Of Rajasthan Through Chief Secretary Government of Rajasthan Secretariat, Jaipur, Rajasthan. Respondent No. 03

4 Department of Mines and Geology, State of Rajasthan Through the Secretary, Mines and Petroleum, University Road, Ashok Nagar, Udaipur, Rajasthan Respondent No. 04

5 Rajasthan State Pollution Control Board (RSPCB)

Through its Member Secretary, 4, Jhalana Institutional Area, Jhalana Doongri, Jaipur, Rajasthan Respondent No. 05

6 Directorate General of Mines Safety (DGMS)

Through the Director Ihamarkotra Main Road, Hiranmagri, Sector -6, Udaipur, Rajasthan. Respondent No. 06

7 Forest Department, State of Rajasthan Through Deputy Conservator of Forest Arawali Bhawan, Jawahar Nagar, Jaipur, Rajasthan.

Respondent No. 07

8 District Magistrate, Kotputli-Behror Nagar Parisad Building, Kotputli District Kotputli- Behror Respondent No. 08

9 M/S Sandeep Sharma Owner of ML No. 07/2000 S/o Bhavani Shankar Sharma R/o Jeengaur, Ward No. 17, Village Neem Ka Dhana, District Neem Ka Thana, Rajasthan Respondent No. 09

10 M/S Jeengaur Mines and Minerals Owner of ML No. 13/2007 R/o- Ward No. 14, Ram Geeta Kunj , Ganeshwar, Tehsil- Neem Ka Thana, District- Sikar (Raj.) Respondent No. 10 COUNSELS FOR APPLICANT(S):

Mr. Rahul Choudhary, Adv.

COUNSELS FOR RESPONDENT(S):

Mr. Om Shankar Shrivastava, Adv.

Mr. Vaibhav Thakuria, Adv.

Mr. Shoeb Hasan Khan, Adv.

(for Mr. Rishabh Kumar, Adv.)

Mr. Lokendra Singh Kachhawa, Adv.

Mr. Yadvendra Yadav, Adv.

CORAM:

HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER Date of completion of hearing and reserving of order : 09.07.2025 Date of uploading of order on website : 17.07.2025

JUDGMENT

1. The grievance of the applicant is mining activities under taken in close proximity to the human habitation at village Gulabgar and Jingaur Tehsil Paota, District Kotputli-Behror, Rajasthan and blasting without any authority of Director General of Mines and Safety by respondent o. 9 and 10 undertaking mining activities without valid environmental clearance causing impact to lives of the villagers and livestock and wildlife causing damage in violation of environmental rules.

2. It is further submitted that the mining leases No. 07/2000 and

13/2007 are adjacent plots which are located in the villages of Gulabgar and Jingaur, Tehsil Paota, District Kotputli- Behror, Rajasthan. The mining area consists of agricultural lands owned by the villagers of Jingaur and Gulabgar and a natural stream or ‘nala’ passes through both the mining leases. Outside the mine lease area but adjacent to the mine boundary is human habitation within 4.5m, a ‘talab’/ pond and Sanghan forest land wherein presence of wildlife. The mining activities undertaken in the ML No. 07/2000 and

13/2007 are in violation of the following:

a. The mining activities are operating without any valid environmental clearance as required by the OM dated 28.04.2023 issued by MoEF & CC which directs SEIAA to reappraise the EC’s granted by DEIAA on and between the period 15.01.2016 and 13.09.2018 and only thereafter the mining leases should operate.

b. The mines are located at a distance of 4.5m from the human habitation. Due to the uncontrollable and untimely blasting activities causing damages like formation of cracks in the walls, doors, and floors of the houses of the villagers. This fact was recorded in the inspection report dated 04.10.2022 undertaken by the Assistant Mining Engineer Kotp

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2025 Supreme(Online)(NGT) 1779

Mining activities must comply with environmental laws, ensuring safety and oversight, especially regarding operations near residential areas.

Cases Referred (2)