- (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. The respondents No.6 to 20, while generally reiterating the pleaded stand of the State authorities, have categorically denied the allegation of illegal mining in the area concerned. They have alleged that the Sarpanch, Smt.Bhagwati Devi had tried to construct a temple in the mining area on the disputed hill, for which a complaint was made to the jurisdictional District Collector, following which the Sub Divisional Magistrate, Kotakasim issued an order to desist from such activities as it was not permissible to construct any temple or religious structure, in terms of the orders of the Hon'ble Apex Court to that effect. That non compliance of the direction, may result in action under the Rajasthan Panchayati Raj Act, 1994 against her, was mentioned. The answering respondents have stated that thereafter the District Collector, Alwar also issued an order to the Sub Divisional Magistrate on 25.5.2010 to ensure that no such construction of the temple, as proposed, takes place. The respondents have thus averred that the instant petition is a sequel to their complaints. They have referred as well to the report dated 18.5.2010 of the Tehsildar submitted to the Sub Divisional Officer, Kotkasim to the effect that the leases had been validly granted, and that, there was no blasting work in progress. The report also mentioned that the abadi was situated on the other side of the Hill, opposite to the area where the mining was underway. According to the respondents, the report also disclosed that there was no crack in the houses situated closest to the mining area, and that, no report of any accident had been received. The respondents also reiterated that the height of the hill was 68 metres, and that, the mining activities, as undertaken, are not detrimental to the ecosystem. They have elaborated that the State Government before granting the leases to them had ensured compliance of all legal formalities, and that, the State Expert Committee constituted for the grant of environmental clearance under the Environment (Protection Act), 1986 did scrupulously examine all essential facts, as recited in the fact sheets laid before it. According to them, it was after such an indepth verification of all essential aspects that the environmental clearance was granted. Necessary consent to operate the mining leases was also issued by the Rajasthan State Pollution Control Board (for short, hereafter referred to as 'the Board') on different dates. They have stated that the mining activities conducted by them are strictly in accordance with law and in compliance of the conditions prescribed therefor. That the Government Upper Primary School, Khohra, Kotakasim is situated at a distance of more than 500 metres of the nearest lease site, and that, the other schools are located 1 1.5 kms. therefrom, has been stated as well. The respondents have stated further that the complaints made are all motivated and have been filed on the very same date i.e.28.7.2011 or thereafter, subsequent to the information lodged, that the villagers being led by the Sarpanch, were trying to construct a temple on the Hill, through prohibited by law. That these complaints have been found to be false on an enquiry by the concerned authority, has been stated as well. The Board while providing the details of the consent granted to the private respondents, under the Air (Prevention and Control of Pollution) Act, 1981 (hereafter referred to as 'the Air Act'), for carrying out the mining activities, have averred that on receiving the notice of demand for justice addressed by the petitioners, inspection of the mining activities situated in the area involved was conducted in accordance with the provisions of the Air Act and necessary action was taken thereafter.
(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.;