VILLAGERS OF VILLAGE TIGAVAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present proceedings registered as a public interest litigation carries a prayer for judicial intervention to set at naught the mining leases granted to the private respondents by the concerned statutory authorities and also to ensure against conduct of any illegal mining activity in the area involved. We have heard Ms.Archana Mantri, learned counsel for the petitioner, Mr.Kamlakar Sharma, Senior Advocate assisted by Ms.Alankrita Sharma for the respondents No.6 to 20, Mr.S.N.Kumawat, learned Additional Advocate General for the State respondents and Mr.Akhil Simlote, learned counsel for the respondent Rajasthan State Pollution Control Board.

(2.) THE residents of Village Tigavan, Panchayat Samiti, Kotkasim, District Alwar are before this Court contending that their residential houses are adjacent to a Hill having a height of about 700 feet securing the ecosystem of the area. The concerned State authorities have illegally allotted mining leases to the private respondents to excavate "Cheja Patthar " during the years 2002 2003 and 2009 2010 being totally unmindful of the detrimental effect of the mining activities, that would follow. According to them, with the commencement of such activities, they have been facing great inconvenience and exposed to serious environmental hazards. Contending that the lease holders are using blasting methods for excavating the aforenamed mineral, they have stated that their representations, ventilating their grievances, have remained unheeded. They have referred, amongst others, to a complaint submitted by the Headmaster of the Government Upper Primary School, Khohara (Kotkasim) located adjacent to the lease area complaining against such illegal mining activities and the prejudicial consequences thereof to the Sub Divisional Officer, Kotkasim dated 27.7.2011. That similar complaints had also been filed by other Heads of institution of similarly situated nearby schools has been stated as well. The petitioners have averred also that the Sub Divisional Officer, Kotkasim, District Alwar, prior thereto, had prepared a report to the effect that there was no danger to the residents of the village, if the mining operations are conducted, and that, the District Collector, Alwar acting thereon passed the order dated 31.3.2009 granting leases to the private respondents. That these leases have been granted to the residents of the State of Haryana, has been mentioned as well. The State respondents, in their reply, while admitting that the mining leases had been granted to the respondents No.5 to 20 on different dates, have maintained that those had been accorded after completion of necessary formalities and on issuance of "No objection Certificate " by the District Collector, Alwar. That on 11/16.11.2002, No objection Certificate had also been issued by the Gram Panchayat, Tigavan vis a vis the lessees Smt.Akhtari Begam and Smt.Anju Sewak, has been mentioned. According to the State respondents, the Gair Mumkin Pahad in khasra No.536 located in Village Khohra Thakaran, Madha Ka Majra, Tehsil Kotkasim, District Alwar on which 13 mining leases had been granted to the other private respondents, is a non forest area as per the notification of the Government of India dated 7.5.1992, and that, prior to the sanction of such leases, the environmental clearance dated 31.7.2008 and No objection Certificate from the District Collector, Alwar dated 31.3.2009 had been obtained. These respondents have stated that the area of mining lease is 245 metres from the village, and that, the mining is to be done manually. That blasting is prohibited and cannot be resorted to without permission being obtained from the concerned authorities, has been underlined. The answering respondents have thus denied the allegation of illegal mining or blasting, as alleged. They have averred further that the mining area is more than 45 metres away from the residential area, and that, there had been no adverse reports vis a vis the mining operations. They have clarified as well that the height of the Hill, referred to in the writ petition, is only 64 metres. According to them, no such complaint from the headmaster of the schools, as claimed by the petitioners, had been received. The respondents have assured that if any such complaint is laid before the concerned authorities, the same would be duly acted upon in accordance with law.

(3.) WHEREAS the learned counsel for the petitioners has argued in reiteration of their pleaded stand that the complaints laid before the authorities from time to time amply demonstrate that the mining leases had been granted in contravention of all relevant laws, and that, the activities thereunder are being conducted to the serious detriment of the life and property of the inhabitants of Village Tigavan, Panchayat Samiti, Kotkasim, District Alwar as well as the environment, warranting remedial intervention of this Court, the learned counsel for the State respondents as well as the Board have asserted to the contrary.