National Green TribunalSantosh Mittal vs State Of Rajasthan Through Its Chief ... on 31 August, 2016BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH,
                               BHOPAL

                         Original Application No. 127/2013 (THC) (CZ)
                       Santosh Mittal & Ors Vs. State of Rajasthan & Ors.
                                                 and
                    and Original Application No. 128/2013 (THC) (CZ)
                Rajesh Kumar Saini and Ors. Vs. State of Rajasthan & Ors.
                                                And
                      Original Application No. 128/2015 (THC) (CZ)
                Shri Surendra Nath Bhargava Vs. State of Rajasthan & Ors.


CORAM :        HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER
               HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER

PRESENT : Applicant :              :              None
          State of RajasthanRSPCB:                Shri Sandeep Singh, Advocate
          HSPCB :                  :              Shri Rohit Sharma, Advocate
          Respondent No. 9 :                      Shri Ajay Gupta, AdvocateIntervener :             :              Shri Yogesh Bhatnagar, Advocate for
                                                  Shri Sidharth Singh, Advocate
Date    and                                 Orders of the Tribunal
Remarks

Item No.8,9
& 10                   M.A. No.     391/2014 (in O.A. No. 128/2013) was filed by way of

31st August,    Contempt Petition no. 1033/2012 and received from the Hon'ble High Court of2016Rajasthan. We disposed of the said Contempt Petition no. 1033/2012 with

                direction that in case the Applicant so desires, he may move the application in

                accordance with provision of theNational Green Tribunal Actsiting specific

                violation / non compliance. The M.A. No. 391/2014 is accordingly disposed of.M.As. No. 638/2016 to 640/2016 (in O.A. No. 128/2013)           have been

                preferred by the Stone Crushers owners for seeking direction to quash the show

                cause notice / the consequential order passed for closure and imposition of

                penalty. So far as the aforesaid is concerned the Applicant shall approach this

                Tribunal by way of M.A. They have a right to challenge the same before the

                Appellate Authority.It is submitted that at present there is no Appellate Authority constituted

                in the State of Haryana in accordance with the provision of the Air and Water

                Acts. It is prayed on behalf of the Applicant that direction may be issued for

                constitution of the same. We are afraid we cannot issue such a direction. The

                Learned Counsel appearing for the Haryana Pollution Control Board (HPCB)-1-has, however, brought to our notice that State Govt. has already initiated steps

for constitution of the Appellate Authority.       Be that as it may, in case the

Appellate     Authority   is   constituted   the    Applicant   who    have   the

statutory right of appeal may approach the same and in case any delay they may

approach before the Hon'ble High Court for issuance of mandamus in that

behalf.With the aforesaid observations the M.As. No. 638/2016, 639/2016 &

640/2016 stand disposed of.Pursuant to our order dtd. No. 17.08.2016 the State of Rajasthan has

submitted information with regard to number of cases of illegal mining

registered as also underForest Act. The information with regard to the vehicles

and equipments seized and the extent of the affected area has also been

provided. They have also submitted a restoration plan for carrying out the

aforesaid work. While we have perused the same we have also perused the

report placed before us titled 'plan for controlling illegal mining and

restoration of forest area affected by illegal mining in Aravali Hills of Alwar

District' by Shri P.D. Gupta, Dy. Conservator of Forest, Alwar. We have

noted the fact that a restoration plan has taken into account the need for

reforestation of the affected area. The area affected by the illegal mining

extends to 2612.64 hectares. There is, however, also a need for quantifying the

loss to the environment caused as a result of such illegal mining and destruction

of forest. For the aforesaid purpose, we would direct the State Govt. to apply

NPV formula for the said purpose for the aforesaid affected area as one of the

criteria. In addition, if there is available record of the extent of the damage

caused, satellite imageries etc. of the past 20 years these may also be taken into

account for quantifying the loss caused to the forest as well as the mineral on

account of illegal mining.Some of the photographs which have been placed in the said report

bearing pages no. 10 & 11 of illegal mining in Tapukada & Tijara area of Alwar

district speak volumes about the extent of mining that has been carried out. A

perusal of the same clearly reveals that same could not have been done in a-2-short period. It only shows the apathy on the part of the District Administration

as well as the Mining Department of the State of Rajasthan towards such

rampant illegal mining which was carried out unchecked.The amount so quantified should be recovered from the persons found to

be responsible. The responsibility shall be affixed on the basis of any available

evidence or on the basis of the cases registered against such persons for various

offences including under the Forest and Mines Act. The State shall also make

an endeavour as were directed earlier for trying to identify the persons who

have benefited from such illegal activities and illegal mining including

recipients of such mineral.     The liability may also be passed on to such

recipients of such illegal mineral which is the stolen property for having caused

/ abetted the loss to the environment. For the aforesaid purpose a special team

may be constituted including officers from the Revenue, Forest, Mines, Police

Department and PCB.We have further directed that the steps which have been taken pursuant

to our directions for checking the illegal mining and transportation of mineral

shall remain in force including the posting and deployment of the forces as also

mobile patrolling units along the available routes.In view of the various directions which have been issued from time to

time including for investigation of the case within the State and of transporting

the mineral within and outside the State and the information received from the

State of Haryana, those steps shall be expedited. In addition to the above

subsequent directions for deployment of the force to check illegal mining shall

also be complied with and the said deployment shall remain in force.In addition, the directions issued today for quantification of the loss

caused to the environment and the mineral resources shall also be complied

with. Based upon the same the procedure for recovery of the amount from the

persons found responsible shall be worked out and followed. The compliance

of the above orders shall be reported to this Tribunal. In view of the above the

M.As (in Original Application No. 127/2013) filed for intervention bearing no.

770/2015, 771/2015, 819/2015, 840/2015, 24/2016 and 43/2016 stand disposed-3-of.With the aforesaid observations the Original Applications No. 128/2013,

127/2013 & 128/2015 stands disposed of. Put up on 21.11.2016 for

compliance.........................................,JM
                                          (DALIP SINGH )



                                           .........................................,EM
                                          (Dr. S.S.GARBYAL)-4--5-