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Judgment
This OA has been registered suo motu on the basis of the news item titled "Rajasthan mein avaidh khanan ka mila bada khel 21 crore se adhik kee Shaasti lagai" appearing in Abhay India dated 28.01.2024.
The news item discloses large scale illegal mining at Hasanpur Mafi near Tijara and Sujat ka Khola in hilly areas of Deeg (Rajasthan). As per the news item, the authorities at Hasanpur Mafi and Deeg have registered six cases wherein illegal mining of 2,01,000 tonnes of Cheja stone have been seized. Similarly, at Sujat ka Khola, the authorities have registered seven cases and seized 2,92,170 tonnes of illegally mined masonry stone and a penalty of about Rs. 21 crores have been imposed. The news item reveals that at concerned parts of the State, illegal mining of stones is in progress and the problem appears to be very serious in nature.
Concerning the gravity of situation not only the penalty under the mining laws is required to be imposed but the environmental compensation is also required to be recovered for causing damage to the environment by such illegal mining.
Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
Hence, we implead the following as respondents in the matter:
i. Rajasthan State Pollution Control Board through its Member Secretary
ii. Collector & District Magistrate, Khairthal-Tijara.
iii. Collector & District Magistrate, Deeg.
Ms. Prachi Mishra, Advocate appearing for Respondents No. 2 and 3 has sought four weeks’ time to file comprehensive report indicating the extent and gravity of problem, action taken by the authorities and the preventive measures. Let the report be filed by Respondents No. 2 and 3 before the appropriate Bench of the Tribunal at least one week before the next date of hearing.
Let notice be issued to Respondent No. 1 for filing the response before the appropriate Bench of the Tribunal at least one week before the next date of hearing.
Since the matter relates to the Central Zonal Bench, Bhopal, therefore, OA is transferred to the Central Zonal Bench for appropriate further action. Let the original record of the OA be transferred to the Central Zonal Bench, Bhopal.
List before Central Zonal Bench at Bhopal on 29.04.2024.