Rajasthan: NGT order on illegal mining is welcome

NGT Instructs Mines Director to monitor illegal mining on a regular basis

Mining leaseholders to be held answerable for violations

Government’s accountability fixed in case of environmental violations

For years Khannan Grast Samiti has been struggling against illegal mining in Kotputli and nearby areas. They had filed a petition (75/2020) on environmental violations by mining leaseholders in 2020 in NGT. NGT had instructed the government to inspect the complaints filed by  Sangharsh Samiti and report to the Court.

NGT heard the matter and also took into account the comments of the Sangharsh Samiti in its recent order on June 23. 

A perusal of the government report reveals that:

i. In spite of the direction of the Collector, in compliance with the order of this Tribunal, the authorities as mentioned in 

the report did not attend the proceedings.

ii. There was regular blasting and the mining was done up to the minimum depth of 125 ft.

iii. The water table has been affected or not, the report is not clear.

iv. There is no report with regard to the compensatory plantation

v. There is damage to the buildings, especially the school buildings due to blasting.

vi. The effect of blasting on human health and building has not been calculated

Honorable Justice Sheo Kumar Singh and the expert member Arun Kumar Verma in their 27 pages order dated 23June, 2021 has ordered the following :-*

Accordingly, we direct the Director of Mines to regularly monitor the illegal sand mining and regulating and enforce the relevant guidelines issued in 2016 and 2020 and also direct to take necessary action.

We further, direct the Collector to report with regard to the damage to the school building and other buildings due to blasting in addition to the distance from the human habitation (abadi) and further State Pollution Control Board is directed to report with regard to violation of Environmental Conditions and extent of its compliance and further the damage also. 

The Applicant is further directed to submit actual damage caused to the school and human health so that the necessary action may be initiated against the violators of law. 

Since there is a violation of Environmental Clearance, thus, we deem it fit that notice should be issued to all the respondents and private respondents also with a direction to submit their reply/counter affidavit within four weeks. 

Put up with a complete report on 3rd August, 2021 and list it with connected O.A. 48/2020. 

The vehicles involved in illegal mining must be dealt with, in accordance with above guidelines issued in the case of NGT Bar Association and Environmental Compensation must be assessed and realized accordingly

We are also grateful to LIFE organization’s lawyer, Mr. Rahul Choudhary ji, for representing us in the court. They were able to convince the court, among other issues, that the large vehicles carrying the mining material loaded stones and sand above the limit, causing loss of revenue to the government and also harming the local environment. The director of mining has been entrusted with the responsibility of monitoring.

We are grateful to the National Green Authority for understanding our issues raised over the years and given the above orders. It is our expectation that the government administration will follow these orders systematically.

Radheshyam Yadav {9829778227}, Jagdish Arya, Anchni Devi, Vikram Pichani, Sachin Yadav, Yadram Verma and Vimal Bhai {9718479517}

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