- (1.) We have heard learned counsel for the parties.
(2.) On 15.4.2015, we passed the following order: In this writ petition, filed in public interest, a resident of Village Gangora, Tehsil Pahari, District Bharatpur has prayed for a direction to remove the stone crushers of the private respondent Nos. 5 to 9 on the 'Gair Mumkin' land, installed illegally without any authority and obtaining permission of the Rajasthan Pollution Control Board. It is submitted that the land recorded as Gair Mumkin land, on which crushers are established falls in khasra Nos. 1, 2, 3 & 4 in the village. The notice on respondent No. 1-Union of India, will be served in the office of the Additional Solicitor General, in the High Court, at Jaipur, and the notices on respondent Nos. 2 to 4 will be served through the office of the Advocate General in the High Court, at Jaipur, which will be deemed to be sufficient service on them. Notices will be issued to respondent Nos. 5 to 12. Steps will be taken within a week. The notices will be returnable on 19.05.2015. List on 19.05.2015. It is submitted that in view of the judgment of this Court in Ashwini Chobisa v. Union of India & Ors. [D.B. Civil Writ Petition No. 7544/2003, decided on 20.10.2004] , no industrial activity, including mining and crushing, can be set up on 'Gair Mumkin' land recorded as 'Charagah' or 'Pahad'. By this long and considered judgment, the State authorities were directed to stop such illegal activities to prevent degradation of environment of the Aravali region, precious to the State of Rajasthan and the peninsular region. The District Magistrate, Bharatpur is directed to get an inspection of the area, carried out through the concerned Sub-Divisional Magistrate for the nature of the land and the activity carried out on it, the requisite permissions of the authorities and Rajasthan Pollution Control Board, and to annexe his report along with an affidavit to be filed in the matter on his behalf. In the survey, the Sub-Divisional Magistrate will find out whether the land is recorded as public land, as claimed in the writ petition, and whether the respondent Nos. 5 to 12 have received permission, to install the crushers, from the competent authority including the Rajasthan Pollution Control Board. If the District Magistrate finds the illegalities, he will stop the activity immediately, and report compliance of his orders in his affidavit.
(3.) A reply has been filed on behalf of the State Government and the Rajasthan State Pollution Control Board annexing the report dated 16.5.2015 in which it is stated that a team of Officers, including the Sub Divisional Officer Pahadi Bharatpur, the Mining Engineer Bharatpur and Regional Officer, Rajasthan State Pollution Control Board Bharatpur had inspected the site. They found that the plots in village Gangora and Chhapra for which lease deeds have been issued for stone crushers on Government land is recorded as 'Gair Mumkin Pahadi', 'Pahadi' and 'Parvat' (Charagah). The word 'Charagah' was deleted on 18.12.2006 after issuing a corrigendum. They also found that all the eight Stone Crushers have been established after execution of the lease deeds with the Mining Department and that all of them were issued the 'No Objection Certificate' from the Rajasthan State Pollution Control Board. In respect of Rao Bilu Stone Crusher through its proprietor, it is reported that no such Stone Crusher was found but at the site, the stone crusher is in the name of Rao Gyanendra Grit Udhyog, which is situate at Khasra No. 7/8 in village Chhapra.;