Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN - PRINCIPAL SEAT AT JODHP
GREEN AND CLEAN AVES LAND SANSTHAN – Appellant
Versus
RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION (RIICO) – Respondent
CW 2345/2021
['MOTI SINGH', '', 'JOGENDAR SINGH', 'URJA RAM KALBI', 'SANJAY RAJ PALIWAL', '', 'MANISH VYAS AAG', 'SANJEET PUROHIT', 'LOON KARAN PUROHIT', 'GOVIND LAL']
Illegal dumping of granite slurry is a violation of environmental norms and cannot be permitted.
Headnote:
ENVIRONMENTAL LAW - GRANITE SLURRY DUMPING - ILLEGAL DUMPING OF GRANITE SLURRY BY GRANITE POLISHING AND PROCESSING UNITS
Fact of the Case:
A public interest litigation was filed raising concerns about illegal dumping of granite slurry by granite polishing and processing units in Jalore District, Rajasthan. The petitioner alleged that the units were dumping the slurry on the sides of the road and on private agricultural land without permission, leading to environmental damage and degradation of agricultural soil.
Finding of the Court:
The court found that the illegal dumping of granite slurry on the side of the road and on private lands was a serious issue that required immediate attention. The court also noted that such activity was not only illegal but also opposed to environmental norms set up by the Pollution Control Board.
Issues: 1. Whether the granite processing units were illegally dumping granite slurry on the sides of the road and on private agricultural land.2. Whether such illegal dumping was causing environmental damage and degradation of agricultural soil.3. What steps could be taken to prevent such illegal dumping in the future.
Ratio Decidendi: The court held that the illegal dumping of granite slurry on the side of the road and on private lands was a violation of environmental norms and could not be permitted. The court directed the State administration to ensure that such illegal activities did not take place in the future and to take prompt action to prevent such activity if a complaint was received.
Final Decision: The court disposed of the public interest litigation with directions to the State administration to ensure that illegal dumping of granite slurry was stopped and to take appropriate action to prevent such activity in the future.
(1 of 4)
[CW-2345/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ (P.I.L.) Petition No. 2345/2021
Green and Clean Aves Land Sansthan, 201, Ashapurna Colony,
Jalore 343001 Rajasthan through its Authorized Signatory Lal
Singh S/o Shri Bhanwar Singh, aged about 29 years R/o Piparli,
District Jodhpur at present residing at 201, Ashapurna Colony,
Jalore, Rajasthan.
----Petitioner
Versus
1.
Rajasthan State Industrial Development and Investment
Corporation (RIICO), Tonk Rd, Sitapura Industrial Area,
Sitapura, Jaipur, Rajasthan 302022.
2.
District Collector, Jalore.
3.
The Granite Association, Jalore through its President.
----Respondents
For Petitioner(s)
:
Mr. Moti Singh through VC
For Respondent(s)
:
Mr. Manish Vyas, AAG through VC
Mr. L.K. Purohit through VC
Mr. Sanjeet Purohit through VC
Mr. SR Paliwal through VC
Mr. Govind Suthar through VC
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
10/01/2022
The petitioner in this public interest litigation has raised the
issues concerning illegal dumping of granite slurry by the Granite
polishing and processing units.
In short, the case of the petitioner is that large number of
granite processing units are situated in Jalore District. Jalore
Industrial area set up by the Rajasthan State Industrial
Development and Investment Corporation (hereinafter referred to
(2 of 4)
[CW-2345/2021]
as ‘RIICO’) is a hub of the granite processing industries in the
western Rajasthan. In the raw form, granite rocks are brought to
these processing units, where they are converted into granite
slabs, which after polishing, are used for commercial and domestic
purposes. Such granite slabs are also exported by several units.
During such process of converting granite block into polished
granite slabs, which is sold in the market, granite slurry comes
into existence as a wastage, which has to be discarded. Discarding
this granite slurry is the center of the controversy in this petition.
According to the petitioner, the granite processing units are
allotted a specified dumping site by the Collector and the RIICO,
only where such slurry can be deposited. According to the
petitioner, breaching all these requirements and safety norms of
pollution, several processing units have dumped the slurry on the
sides of the road and also on private agricultural land without
permission from the agriculturists. This had in the past led to
representations and agitations.
The case of the RIICO put forth by its advocate is that the
RIICO has already specified the dumping sites and it is for the
members of the association of granite processors, who have to
manage their affairs. The RIICO ensures compliance of the norms
within the RIICO area. If there is any breach of the norms by the
members of the association or even non-member units, it is for
the State administration to control such activities.
Counsel for the association of granite processing units
submitted that the association is managing the dumping sites and
periodically giving contracts for removing the slurry so that fresh
slurry can be dumped there. The contracts are given to
contractors from whom the association charges royalty. Since this
(3 of 4)
[CW-2345/2021]
slurry is a raw material for the purpose of production of tiles, this
slurry is sold to tiles manufacturing units at Morbi and elsewhere.
He submitted that if the individual industrial units are involved in
illegal activities of dumping of slurry on the side of the road or
agricultural land without permission, the association cannot be
held responsible for the same. With respect to complaint
previously raised before us, that the association is preventing
contractors from lifting slurry from private lands without payment
of royalty, Counsel clarified that such allegation is not correct. He
submitted that the royalty is levied from the co
