Meenu Kanwar Rathore vs State of Rajasthan

The original application under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been registered on a letter petition dated 19.01.2023 recevied from Shrimati Meenu Kanwar Rathore, Pradhan, Panchayat Samiti, Masooda, District Ajmer.

The complaint made in the letter petition is that there are sand mining activities in Khari Nadi river bed by creating deep trenches and without following the conditions of Environmental Clearance like plantation etc. The Miners are also using heavy machines like dumpers, trollers etc. but despite having knowledge of the said illegal mining activities, authorities have not taken any action in the matter. The heavy loaded vehicles have also caused damage to village roads but the persons indulged in illegal mining are not taking any action for maintenance of the roads. All the terms and conditions of mining are being flouted by the persons engaged in mining activities. It is said that the mining activities are being carried on by Vikramaditya Singh Rathore s/o Hanuwat Singh and others in the Khari Nadi in villages Hanutia, Jalia, Asan, Baral, Nagar, Badli, Devalia Kalan, Gudda, Mataji Ka Kheda etc. The illegal Miners are also cutting green trees in a wholly illegal Miners without any permission from the competent authority.

In our view, a substantial question relating to environment due to implementation of Scheduled Enactments under NGT Act, 2010 has arisen. However, before taking any further action in the matter we find it appropriate to obtain a factual report for the purpose whereof we constitute a joint committee comprising State PCB, Director, Mines and Geology, Rajasthan and District Magistrate, Ajmer.

State PCB shall be the nodal agency for coordination and compliance of this order.

The committee shall visit the site, collect relevant informations and submit factual report within two months.

The said action report shall be submitted before Registrar, Central Zone Bench, Bhopal, by e-mail, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF who shall place the matter before Bench for further proceedings/orders.

Registry is directed to transmit record of this matter to Central Zone Bench, Bhopal for further proceedings.

A copy of this order be forwarded to State PCB, Director, Mines and Geology, Rajasthan and District Magistrate, Ajmer by e-mail for compliance.