The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the illegal mining in Rajasthan.
The Petition is registered suo-moto on the basis of the news item appearing in the daily newspaper dated 18.01.2024.
As per the article, State Authorities had initiated a campaign against illegal mining and about 676 sensitive areas have been identified, out of which 55 are in Bhilwara and Dungarpur.
Tonk and Sawai Madhopur are also sensitive area with regard to illegal gravel mining.
As per the news item, in addition to the gravel, masonry, stone and gypsum, the illegal mining of quartz, China clay, sand stone, kota stone, garnet and bentonite is in progress in the State.
The news item also discloses the action by the Mining Department against 500 such incidents but nothing is reflected in the news item in respect of imposition of Environmental Compensation (EC) by the State Pollution Control Board (SPCB) against the persons who are involved in illegal mining and who have caused damage to the environment.
The news item raises substantial issue relating to the compliance of environmental norms and violation of the provisions of Public Liability Insurance Act, 1991 and other Scheduled enactments.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(1). Central Pollution Control Board through its Member Secretary.
(2). Rajasthan State Pollution Control Board through its Member Secretary.
(3). District Magistrate, Bhilwara.
(4). Mining Department, State of Rajasthan, through Principal Secretary.
Since the matter relates to the Central Zonal Bench, Bhopal , therefore, the Bench transferred the matter to the Central Zonal Bench , for appropriate further action. Office is directed by the NGT to transfer the original record to the Central Zonal Bench and the matter is listed on 30.05.2024.