Environmental compliance and administrative orders must be challenged through designated revenue courts rather than immediate appeals to higher judicial bodies.

ORDER

1. The grievance of the Applicant is of two folds; (i) transportation of sand through trucks and dumpers and using the passage of Banas river flowing at District-Tonk of Rajasthan, by making Kaccha Rasta and thus disturbing the natural shape and free flow of water in violation of Water (Prevention and Control of Pollution) Act, 1974 , and (ii) illegal mining of sand in the area Choori and Kakaraj just 3-4 km. away from NH-52 in District-Tonk, Rajasthan.

2. The matter was taken up by the Tribunal and notices were issued to the Respondents to submit their reply. A Joint Committee was also constituted with direction to submit the factual and action taken report. The members of the Committee visited the site and submitted the report as follows:-

“Factual Status & Action Taken Report by the Joint Committee in compliance of Hon’ble NGT (CZ) order dated 28.05.2025 in the matter of Ο.Α. No. 71/2025 Manoj Sen V/s State of Rajasthan & Ors.

……………..x………………x……………….x…………….x……………

Observations of Joint Committee Visit is as follows:-

1. Presently two Mining Lease of Bajri is effective in Banas River in District Tonk details is as below:-

i. M/s Chandak Associates, M.L. No. 08/2012, Lease Area 1260.96 Hectare, near 17 Villages of Tehsil Todaraisingh of District Tonk along the Banas River.

a. Environmental Clearance (EC) to above Mining Project for Product River Bed Sand (Minor Mineral) mine under the provisions of EIA Notification 2006 was issued by the State Environment Impact Assessment Authority (SEIAA), Rajasthan vide letter dated 21-08-2024 (copy enclosed).

b. Consent to Operate under Air Act 1981 was issued by Rajasthan State Pollution Control Board vide letter dated 18-10-2024 for product Bajri (ROM) Capacity 30,00,000 TPA, with validity for period from 18-10-2024 to 08-05- 2027(copy enclosed).

ii. M/s Chandak Associates, M.L. No. 17/2012, Lease Area 177.64 Hectare, Villages of Tehsil Uniyara of District Tonk along the Banas River.

a. Environmental Clearance (EC) to above Mining Project for Product Bajri (Minor Mineral) mine under the provisions of EIA Notification 2006 was issued by Ministry of Environment, Forest and Climate Change, Government of India vide letter dated 03-02-2022 and amendment in Environmental Clearance (EC) was issued by the State Environment Impact Assessment Authority(SEIAA), Rajasthan vide letter dated 07-11-2023 (copy enclosed).

b. Consent to Operate under Air Act 1981 was issued by Rajasthan State Pollution Control Board vide letter dated 10-01-2024 for product Bajri (ROM) Capacity 10,08,000 TPA, with validity for period from 10-01-2024 to 03-04- 2027 (copy enclosed).

2. During joint committee visit, no mining activities were observed in the Banas River due to rainy season and water flow in the Banas River.

3. The committee has observed Kaccha Rasta in the river is present, which is used for the transportation of Bajri (River Sand) from mining lease allotted by the Department of Mines and Geology, Government of Rajasthan as mentioned above when mining activities carried out. This Kaccha Rasta route from near village Chuli (Bajri selling point) to National Highway 52 near pakka banda Tonk is used to overcome the traffic in Tonk City and Villages in the route. An order for utilization of this alterantive route is issued by the District Collector, Tonk vide letter dated 28/11/2024 with certain conditions copy of same is enclosed.

4. During visit river was free flowing naturally.

5. The photog