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Judgment
In the Appeal No. 15/2017, 16/2017, 17/2017 & 18/2017 the appellants have challenged the order dated 06.11.2015 vide which Rajasthan State Pollution Control Board has refused renewal of Mining Leases of Limestone Mineral situated at Tehsil Jamuwa Ramgarh District Jaipur. Appellants had preferred an appeal before the Statutory Authority R-2 which was dismissed on 02.06.2017.
Rajasthan State Pollution Control Board had on 06.11.2015 refused to renew the consent to operate the Mining Leases under Air (Prevention and Control of Pollution) Act, 1981. The Letter dated 06.11.2015 reads as under:-
This is without prejudice to the right of the Rajasthan State Pollution Control Board (herein called the Board) to initiate proceedings under the various provisions in the Air (Prevention & Co. of Pollution) Act, 1981 (herein after called as The Air Act) for violation of provision of the hereinafter shown:-
(1) Whereas, the Air Act has come into force in whole of the State of Rajasthan with effect in 16.06.1981.
(2) And whereas, the Air Act has been enacted to provide for the prevention, control and abatement air pollution and for maintaining and restoring the wholesomeness of air.
(3) And whereas, keeping this in view, the Board has been conferred power to such steps as deemed necessary for the prevention, control and abatement of air pollution.
(4) That the Hon'ble Supreme Court in its order dated 04.08.2006 directed that the grant temporary working permits/ permissions (TWP) would not result in any mining acting within the safety zone around National Parks/Sanctuary (as an interim measure, kilometre safety zone shall be maintained subject to the order that may be passed in IA 1000 regarding Jamuwa Ramgarh Sanctuaries (JRS). It was subsequently clarified by Department of Environment, Government of Rajasthan vide letter dated 08.10.2012 that TWP for mining within 1 Km from the boundary of protected area can be banned then it imperative that regular mining shall not be allowed at all.
(5) That Dy. Conservator of Forest, Jaipur (Central) informed vide letter dated 01/12/2011 that your mine lease area is within 1 km of the boundary of Jamwa Ramgarh Sanctuary.
(6) That the Central Empowered Committee (CEC) vide its letter dated 21.10.2014 asked the State Board that the mining activities within a distance of 1 km from the boundaries of the National Parks and Wildlife Sanctuaries, being in violation of the Hon'ble Supreme Court order dated 04.08.2006, may be stopped immediately.
(7) That the State Government in its reply dated 05.11.2014 to the Central Empowered Committee (CEC) constituted by the Hon'ble Supreme Court has justified the stand taken by it to the permanent mining within 1 km from the boundary of JRS.
(8) The Central Empowered Committee (CEC) has reiterated in the letter dated 17.12.2014 the mining activities cannot be permitted within 1 km from the boundaries of the National Parks and Wildlife Sanctuaries.
(9) In view of the above state Board cannot grant consent to operate to any mine located within 1 (illegible) of the boundary of Jamwa Ramgarh Sanctuary.
And whereas, the State Board in order to prevent and control Air Pollution likely to be caused by industry, operation or process is competent to issue any direction under Section 31(A) of the Alt Act writing to any person, officer or authority and such person, officer or authority shall be bound comply with such directions.
Therefore, in order to prevent and control Air Pollution likely to be caused by your mining act and for the purpose of prevention of perpetual offence being committed by you, the Board her refuses your application for consent to operate.
The Appellants have submitted that the restriction imposed by the various orders of the Hon'ble Supreme Court are all regarding the grant of Temporary Working Permits (TWPs) and are not applicable for the Mining Leases in operation. They have further submitted that TWPs were a scheme for grant of permission for mining activities in forest areas pending the process of diversion of forest area or forest clearance. Therefore, the restrictions imposed by the Hon'ble Supreme Court are not applicable on mining activities on non-forest lands and specifically to those mining leases which are already operational.
The Hon'ble Supreme Court Godavarman Thrirumulpad Vs. 04.08.2006 ordered as below:-
In WP (C) No. 202 of 1995 in T.N. Union of India & Ors. had on By order dated 16th September, 2005, it was, inter alia, directed that no Temporary Working Permissions or Temporary Permit or any other permission, by whatever name called, shall be granted for mining activities in the National Parks, Sanctuaries and Forest areas. It was further directed that no mining activity would continue under any Temporary Working Permit or Permission (T.W.P.) which may have been granted. This order was later relaxed on the applications filed by some of the applicants. Suggestions have been filed by the learned Amicus Curiae and the Ministry of Environment and Forests, besides the Federation of Indian Minerals Industries (FIMI) regarding the conditions, which would govern grant of T.W.P.
On consideration thereof, the conditions precedent for the grant of T.W.Ps. as well as the procedure for their grant shall be as provided hereinafter. At the outset, it is clarified that T.W.Ps. shall be granted only where the following conditions are satisfied.
Pre-Conditions:
(i) T.W.Ps. can only be granted for renewal of mining leases, and not where the lease is being granted for the first time to the applicant user agency;
(ii) The mine is not located inside any National Park/Sanctuary notified under Section 18, 26-A or 35 of the Wildlife (Protection) Act, 1972;
(iii) The grant of the T.W.P. would not result in any mining activity within the safety zone around such areas referred to in (ii) above, (as an interim measure, one kilometre safety zone shall be maintained subject to the orders that may be made in I.A. No. 1000 regarding Jamuwa Ramgarh Sanctuary);
(iv) The user agency who has broken up the area of the mine (in respect of which the T.W.P. is being sought) has or had the requisite environmental clearances and at no time prior to the grant of the T.W.P. was any mining being carried on by the user agency in relation to the mine in question, in violation of the provisions of the Forest (Conservation) Act (for short, "FC Act"). In cases involving violation of the F.C. Act, a formal decision on merit should be taken under the FC Act after considering the gravity of the violation. However, the grant of a T.W.P. may be considered where past violations have been regularized by the Ministry of Environment and Forest (for short, "M.O.E.F") by the grant of an approval under the FC Act with retrospective effect;
(v) The conditions attached to the approval under the F.C. Act for the grant of mining lease (or the renewal of the mining lease), have been fulfilled, particularly those in respect of (but not limited to) compensatory afforestation, reclamation plan and over burden dumping on the specified site;
(vi) The user agency has, within the stipulated time, already filed proposal in conformity with the Forest (Conservation) Rules, 1980, for seeking an approval under the FC Act along with the complete details as are required to be furnished. An application for the grant of the TWP in favour of the user agencies, who have either not filed a proper proposal and/or have not provided complete information, particularly in respect of (but not limited to) compensatory afforestation, phased reclamation plan, felling of trees, details of minerals extracted in the past, etc., should not be entertained;
(vii) A TWP shall be granted only limited to working in the area broken up legally and during the validity of the lease. No TWP can be granted in respect of, or extending to either unbroken area or the areas which have been broken after the expiry of the mining lease or have been broken in violation of the FC Act or any other law for the time being in force;
(viii) In no circumstances can the duration of a TWP extend beyond the period of one year. Where an application for grant of permission under the FC Act.
In WP (C) No. 435 of 2012 in Goa Foundation Vs. Union of India & Ors. on 21.04.2014 Hon'ble Supreme Court declared as below:-
(iii) Until the order dated 04.08.2006 of this Court is modified by this Court in I.A. No. 1000 in T.N. Godavarman Thirumulpad Vs. Union of India & Ors., there can be no mining activities within 1 kilometre from the boundaries of National Parks and Sanctuaries in Goa;
It is clear from above that the order dated 04.08.2006 passed regarding TWPs in Jamuwa Ramgarh Wildlife Sanctuary in Rajasthan was the basis of the case of Goa Foundation (supra) wherein all the mining activities have been prohibited within 1 km of the boundaries of National Parks and Sanctuaries. It is therefore amply clear that considering the sensitiveness of the National Parks and Sanctuaries no mining activity can be permitted up to 1 km from the boundaries of the National Parks and Sanctuaries anywhere in the country. It is an admitted fact that all the mining leases in all the four Appeals i.e. Appeal No. 15/2017, 16/2017, 17/2017 and 18/2017 are situated within 1 km of the Jamuwa Ramgarh Wildlife Sanctuary. Besides, we are of the considered opinion that this wildlife sanctuary, which is located close to the city of Jaipur, is ecologically extremely sensitive. Therefore, in terms of the orders of the Hon'ble Supreme Court no mining activity can be permitted within 1 km of the boundary of the Jamuwa Ramgarh Wildlife Sanctuary and the Appeal No. 15/2017, Appeal No. 16/2017, Appeal No. 17/2017 and Appeal No. 18/2017 deserve to be dismissed.
Accordingly Appeal No. 15/2017, Appeal No. 16/2017, Appeal No. 17/2017 and Appeal No. 18/2017 stand dismissed.
Consequently MA No. 772/2017 & 1581/2017, MA No. 774/2017 & 1582/2017, MA No. 776/2017 & 1583/2017 and MA No. 778/2017 & 1584/2017 also stand dismissed with no order as to costs.