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Mining Liable for Activities Within Allocated Zones:
In a significant ruling aimed at curbing rampant environmental degradation, the has placed the onus of preventing illegal extraction directly on mining . The Bench, presided over by Acting Chief Justice Sanjeev Prakash Sharma and Justice Maneesh Sharma, underscored that the privileges granted by a come with a strict duty to safeguard the integrity of the surrounding area.
Escalation to the High Court The matter reached the court via a () filed by four local residents—Surendra Kumar, Ram Niwas Beniwal, Inder Singh, and Karan Singh. The petitioners sought against ongoing and unauthorized encroachments at Derwala Pahadi in the Jhunjhunu district.
The legal challenge highlighted concerns regarding the ecological impact on local geography, urging state authorities to take immediate action against unauthorized mining operators and the firms involved.
State Action and Compliance During the proceedings, the respondents, including the and local mining officials, confirmed that the illegal activities reported by the petitioners had been halted. The authorities further informed the court that substantive action had been taken against the culprits, accompanied by the imposition of fiscal penalties to address the damage caused.
The State offered assurances that it would maintain strict vigil over the Derwala area to prevent any resurgence of unauthorized activities.
The Court’s Firm Stance While disposing of the , the court observed that existing mechanisms for oversight are insufficient if the themselves turn a blind eye to illegal extraction happening within or adjacent to their allotted zones. The Bench observed:
"It is also the duty of the concerned miners who have been allotted regular mining leases to see that no is conducted in the area. Often, the persons who are granted mining leases, themselves indulge in additional of the area, which if found, should result in cancellation of their itself."
The court further issued a strong warning to the industry:
"In the future, if such activity is found, it will be open for the Mining Engineer to cancel the lease of the existing holders also."
Implications for the Future This judgment serves as a pivotal precedent, shifting the burden of environmental policing toward those who profit from the land. By explicitly linking the failure to prevent with the potential for lease cancellation, the has established a new standard of accountability for .
While the court closed the current , it left the door open for the petitioners, stating that they remain free to file a fresh petition should the illegal activities recur. This order effectively puts mining across Rajasthan on notice: the preservation of the land is no longer just a state responsibility—it is a pre-condition for holding a lease.
