- (1.) Heard.
(2.) The petitioner in PIL Petition No.7579/11 has averred that the land in survey No.552, corresponding to new survey No.1753 admeasuring 133 Bigha, 7 Biswa situated at Village Kharaita, Tehsil Hindaun City, District Karauli is forest land. Even after termination of mining leases granted on the said land, respondent No.7 who was the Minister of State is patronizing such illegal mining since four mining lease holders out of total nine lease holders are his family members. It is also submitted that respondent No.5 the Rajasthan State Pollution Control Board, has failed to withdraw the consent to establish the crusher unit which was illegally obtained concealing the material facts and narrating wrong facts about the situation at Khasra No.564, Village Bamanpura Gurjar, Tehsil Hindaun City, District Karauli. The said crusher unit belongs to respondent No.8 in which son of respondent No.7 Minister is a partner and they are operating the crusher unit after taking raw material illegally from the aforesaid mining leases.
(3.) It is averred in the petition that the erstwhile State of Jaipur issued a gazette notification dated 15.4.1948 whereby hilly ravine areas situated in Village Kharaita, Tehsil Hindaun City, District Karauli, excluding Abadi and agricultural area total admeasuring 233.80 Acres, was included in forest area and the area of Khasra No.552 measuring 133 Bigha 7 Biswa was also included and declared as forest area. The erstwhile Government of Jaipur issued declaration in gazette notification dated 15.10.1947 under the provisions of Section 5 of the Jaipur Forest Act, 1939 (hereinafter referred to as the Act of 1939) for including certain areas of different villages of Jaipur State in forest areas. A notice was also published under Section 7 of the Act of 1939 and after hearing objections, the notification dated 15.4.1948 was issued and the hilly ravine areas measuring 322.80 Acres situated near Village Punchhadi, Bamanpura & Kharaita of Tehsil Hindaun City, District Karauli were declared as forest land. It is further averred that tracing of the area was also done and aforesaid area was shown at Tracing No.25 in the Appendix to the said gazette notification. Copies of notification dated 15.10.1947, notice published u/s. 7 of the Act of 1939 alongwith extract of gazette notification dated 15.4.1948 have been filed collectively as Annexure-1 to the petition.;