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Judgment
Grievance in this application is that there is illegal encroachment and mining on Khasra No. 126 which, as per revenue record, is a grazing land/Gair Mumkin Pahad; and Khasra Nos. 135 and 245 which are Gair Mumkin Pahad in Village Naval Kushalpura, Post Narheda, Tehsil Kotputli, District Jaipur. The said illegal mining is likely to damage an ancient temple, and also houses of residents since for the purpose of mining, blasting operations are being carried out.
The matter was taken up by this Tribunal on 06.01.2023 and a report was called for from a joint Committee consisting State PCB and District Magistrate, Jaipur.
In compliance thereof, the joint Committee has submitted a report dated 13.03.2023 with following facts:
“xxx ………………………………………xxx………………………….xxx
The committee visited the site on 02.03.2023 and observations of the committee during the field visit are as under:-
(i) That Khasra no. 126, 135 & 245, Village Nawal Kushal pura, Tehsil Kotputli, Distt. Jaipur were visited alongwith the revenue record.
(ii) There are two mining leases in the area under consideration, M.L. No. 20/1984 in Khasra No. 126, 135 & 245and M.L. No. 155/1993 in Khasra No. 245.Within the lease area of M.L. No 20/1984 there is a small old structure of Approx. 2.5feet x 2.5feet x 2.5feet size made up of sand bricks on a hillock for which possibility of damage has been expressed due to blasting operations to be carried out for the purpose of mining.
(iii) There were some iron and construction material lying on the site of temple within mining lease, nearby villagers reported that it was tried to construct the temple here but because of intervention from the mining lease holder, same could not be completed.
(iv) That near the mining lease No. 20/1984there are few houses in Khasra number 126 in which 8-10 families of Banjara cast residing. These houses are at the distance of approx. 50 meters from the mined out pit.
(iii) No activity related to mining found on site during inspection.
(iv) No illegal mining was observed on these Khasra no. 126, 135 & 245 of village Nawal Kushal Pura, Tehsil Kotputli, Distt. Jaipur.
Permissions issued for the mining lease :-
(i) Mining lease no. 20/1984 allotted by the Department of Mines and Geology, (present lease holder- Smt. Pushpa Saini W/o Sh. Chothmal Saini) mining lease is valid upto 08.12.2035.Environmental Clearance was issued by SEIAA, Jaipur on dated 22.11.2016.Consent to operate under the provisions of Air Act, 1981 granted on 17.06.2021 which is valid upto 31.05.2026.
(ii) Mining lease no. 155/1993 allotted by the Department of Mines and Geology, (present lease holder- M/s Tirupati Stone Crushing Co.) mining lease is valid upto 28.06.2044.Environmental Clearance was issued by DEIAA, Jaipur on dated 30.05.2016.Consent to operate under the provisions of Air Act, 1981 granted on 15.12.2022 which is valid upto 31.12.2027.
Enclosures:-
(i) Copy of Mauka Fard prepared by revenue department.(Annex.-1)
(ii) Copy of report prepared by Mining Deptt.(Annex.-2)
(iii) Photographs taken during site visit.(Annex.-3)
Conclusion:-
(i) There is no illegal mining on khasra No. 126, 135 & 245, Vill. Naval Kushalpura, Tehsil Kotputli, Distt. Jaipur.There are few houses on Khasra number 126 in which 8-10 families of Banjara cast residing from last 15-20 years.
(ii) That possibility of damage of the structure of temple or nearby houses due to blasting can be assessed only after seismic study.”
A perusal of the report show that the Environmental Clearance was issued by the SEIAA, Jaipur on 22.11.2016 and mining lease was allotted by the Department of Mines and Geology which is valid upto 28.06.2044.
After inspection, the joint Committee found that there is no illegal mining on the aforesaid plots. Accordingly, there is no violation and no further action is required to be taken by this Tribunal.
The application stands disposed of accordingly.