1

Item No. 01

(Court No. 1)

BEFORE THE NATIONAL GREEN TRIBUNAL

SPECIAL BENCH

(By Video Conferencing)

Original Application No.45/2020(CZ)

(I.A. No.60/2021)

Mukesh Sharma

Applicant

Versus

State of Rajasthan & Ors.

Respondent(s)

Date of hearing:

15.11.2021

CORAM:

HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER

HONBLE DR. NAGIN NANDA, EXPERT MEMBER

HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

Applicant:

Mr. Manav Tanwani, Advocate

Respondent(s):

Mr. Shoeb Hasan Khan, Advocate for the State of Rajasthan

Mr. Arvind Soni, Advocate for RSPCB

Mr. Ashwani Chobisa, Advocate for R - 11 to 15

ORDER

1.

This application seeks remedial action against illegal mining in

pasture land, within 10 km periphery of Sariska Tiger Reserve (STR), at

village Baldevgarh, District Alwar, Rajasthan and against illegally putting

of the overburden on pasture and

sivay chak

government land, in violation

of environmental norms. The application also highlights illegal exploitation

of water from natural water sources. We note that overlapping issue of

illegal mining close to the STR has earlier been subject matter of

consideration in Appeal No. 48/2016 (order dated 20.12.2018) and OA

154/2020. The issue has also been subject matter of consideration by the

Honble Supreme Court and there are guidelines of the MoEF&CC having

2

the effect of prohibiting mining. The issue raised being substantially

covered by the earlier orders, question herein is of compliance of the said

orders.

2.

Vide order dated 31.07.2020, the Tribunal sought a factual report

from a joint Committee consisting of:

(i) Collector Alwar;

(ii) District Mining Officer, Alwar;

(iii) State Pollution Control Board.

3.

On 14.10.2020 while considering the report filed in pursuance of

above, the Tribunal observed that distance of mining from the STR was

not specifically mentioned which was directed to be mentioned by the

Divisional Forest Officer and the Chief Wildlife Warden. Same observation

was made vide order dated 10.06.2021 while considering the reply filed by

the State PCB and such distance was directed to be provided.

4.

The matter was last considered on 07.07.2021. It was noted that the

area in question was within Eco-sensitive Zone of the Sariska Tiger

Reserve/ Sanctuary and the Eco-sensitive Zone of the Sariska Tiger

Reserve/Sanctuary. Though, ESZ had not yet been notified, no mining was

permissible in buffer zone of 10 kms in view of order of this Tribunal dated

20.12.2018 in Appeal No. 48/2016,

Nityendra Manav Vs State of

Rajasthan and Ors

. as follows:

It is the admitted position that the final notification of Eco-sensitive

zone for Sariska Tiger Reserve/Sanctuary is yet to be issued by the

MoEF. We, therefore, direct that all mining activities of any

mineral will be stopped within 1O kms. of the boundary of

Sariska Tiger Reserve/Wildlife Sanctuary till mining leases

are cleared by the standing committee of the National Board

of Wildlife. All the ECs of the mining leases may be referred

to the standing Committee of the NBWL. In case MoEF issues

final notification on Eco-sensitive Zone, the mining lease,

which fall within the Eco-sensitive Zone will have to have

3

clearance of the standing committee of the NBWL. With this

direction the present Appeal no. 48 of 2016 stands disposed of,

with no order as to cost."

5.

The Tribunal noted the report dated 20.07.2020 of the joint

Committee to the effect that mining was still continuing though the Forest

Department had issued various orders requiring the Mining Department

to stop mining within the prohibited distance. The Tribunal noted the

stand of the State PCB that draft ESZ has been prepared but not finalized.

Stand of the DCF, Sariska Rajasthan was that 10 meters to 150 meters