Santosh Mittal And Ors vs State Of Rajasthan And Ors

This miscellaneous application has been filed by Mohabtabad-Pali Stone Crusher Owners' Association, seeking impleadment as party respondent in the original application, namely, Santosh Mittal Vs. State of Rajasthan and Ors., (No. 414/2018 (Earlier O.A. No. 127/2013).

It has been submitted in the application that the applicant association had been registered under Haryana Registration and Regulation of Societies Act on 12th February, 2015. The members of the association are stone crushing units. The Association has authorized Mr. Deepak Ahuja for the purpose of present proceedings.

Certain individual members of the applicant association had filed applications for impleadment and other reliefs in relation to the orders dated 5th September, 2017 and 10th January, 2018, passed by the Central Zonal Bench of the Tribunal. However, the applications were withdrawn with liberty to file a fresh one. Further, it is stated that order dated 10th January, 2018 was challenged by the applicant association by way of filing Writ Petition (12318/2018) before the High Court of Madhya Pradesh at Jabalpur on 31st May, 2018. The High Court had, on 2nd July 2018, stayed the operation of the order dated 10th January, 2018. The applicant association had also challenged the order dated 05.09.2018, by way of an I.A. (12233/2018) in the aforesaid Writ Petition. The Hon'ble High Court passed an order on 3rd December, 2018 and the extract of the same is as under:

".....

In view of the aforesaid, we are of the considered opinion that as the matter is already pending before the Tribunal and as the petitioner is required to take up all these issues before the Tribunal before whom the matter is pending, the petition is disposed of with liberty to the petitioner to file such applications as advised and take up all issues permissible in law before the Tribunal in the pending matter.

It goes without saying and it need no emphasis to state that the Tribunal would take up the applications and pass orders thereon as early as possible in accordance its convenience.

We grant the petitioner time up to 7.12.2018 to obtain orders from the Tribunal by filing appropriate applications.

The interim arrangement made by this Court shall continue till 7.12.2018. With the aforesaid liberty and directions, the petition filed by the petitioner stands disposed of."

Thereafter, the applicant association has filed present application before the Tribunal at its Central Zonal Bench, Bhopal. It has also been submitted in the application that the association has also filed substantive application seeking recall/review of the order dated 11th July, 2017, 5th September, 2017 and 10th January, 2018, passed in the present proceedings. It has been submitted that the Tribunal may treat the contents of the said application as part and parcel of the present one.

This case transferred to the Tribunal vide order dated 23th September, 2013, has a history even prior to it as well as subsequently. Originally a petition, by way of Public Interest Litigation (7938/11), was filed before a Division Bench of the High Court of Rajasthan, Bench at Jaipur.

The petitioner had, in the writ petition, raised concern with regard to illegal mining being carried on in District of Alwar, which comprises of part of eco sensitive zone of Aravalli range. Several orders and directions had been issued by the Hon'ble Supreme Court in this regard, from time to time, restraining and regulating mining and related activities pertaining to the stone crusher units also.

The Division Bench of Hon'ble Chief Justice of the High Court had, after hearing the matter, issued notices and also passed an interim order on 27.05.2011 directing that "any illegal mining activity shall not take place in the area in question."

On perusal of the record it is revealed that the respondents, through Mining Engineer (Alwar), had filed an affidavit before the High Court on 22.11.2012. According to it, steps taken by Government of Rajasthan to control illegal mining had been highlighted and minutes of various meetings, presided by Chief Secretary of the State as well as Director General of Police have been placed on record. A perusal of the minutes of the meetings goes to show that illegal mining in District Always and adjoining area including district Bharatpur, is going on. It was also noticed that illegal mining activity in eco-sensitive zone of Aravalli hills was feeding raw material to crushing industry in the bordering area of Haryana State, as has been noted in the meeting of 27.01.2012. The directions issued by Hon'ble Supreme Court on 16.01.2012, in SLP(C) No. 19628-29/2009 were also taken note of and incorporated in the minutes. In earlier meetings thorough discussions were held and a State Level Task force was constituted for the aforesaid purpose and as a measure for controlling and stopping illegal mining as well as transportation to the adjoining state of Haryana where the crushing units are located.

In January, 2014 the officer in charge had placed facts which revealed that in pursuance of the decisions taken in various meetings action had been taken by the administration but the illegal mining and transportation of the material still continued. The magnitude of the problem could be visualized from the fact that various drives were carried out in the year 2012, which resulted in booking of 472 cases and thereafter 538 cases were registered in the year 2013. Upto 26.01.2014, 37 more cases were registered. These figures were only in respect of police circle, Bhiwadi District Alwar. The officer-in-charge Sh. Y.S. Sahwal suggested that a special investigating team may be constituted and a Mineral Protection Force comprising of 5 Battalions may also be raised. However, it is not known to the Tribunal as to what progress was made in this regard by State of Rajasthan.

Further, it was seen that actions were taken from time to time and 982 machines/vehicles were seized. An amount of Rs. 129 crores was recovered by way of penalty. It was noted that most of the illegal mining and transportation of such material goes unnoticed, as a result of various handicaps which the officers of the forest department as well as mining department have to face. Sometimes it is due to non-availability of assistance of police force. Therefore, the tribunal felt that there is a need of having a permanent mechanism for effective implementation of the issues raised at various levels, including the directions issued by the Hon'ble Supreme Court for protection of Aravalli eco sensitive zone. The tribunal was of the view that as long as there is a ready market available for minerals, strict vigilance is required as the same is being transported to the adjoining State of Haryana, where most of the crushing units are located and they supply the finished products to the real estate developers in the NCR. Therefore, the tribunal had observed that the issue needs to be taken up by both the States namely state of Haryana and State of Rajasthan, with the support of Central Government and a joint effort in this regard would be necessary.

It is noteworthy that it is mentioned in the petition as well as the replies that there is no mineral available in State of Haryana but crushing units are established in the area bordering Rajasthan. Therefore, the question arose as to the place from where the crushing units located in the State of Haryana are procuring the raw material, if not from the adjoining districts of Alwar and Bharatpur, in the State of Rajasthan.

The respondent had submitted an affidavit of Chief Secretary, Government of Rajasthan, in response to the order dated 29.01.2014 deposing that with a view to stop illegal mining the State has deployed home guard at critical places; established several check posts and deployed team of officials on the spot. It has also been said that due to large number of stone crushers in the adjoining State of Haryana, illegal mining from Alwar and Bharatpur district is being done. Therefore, the State of Haryana may be directed to take action against such crushing units. In this regard tribunal had directed the State of Rajasthan to take up the matter at its level with the State of Haryana, as directed on 29.01.2014.

It was also observed that dealing with trans-border crime is not for the first time for which such joint exercise is being suggested, as while dealing with dacoits in State of Uttar Pradesh, Madhya Pradesh and Rajasthan joint teams were constituted and such operations were conducted, without intervention of the Court. Therefore, the State Government should first take up the issue at its own level.

It was observed by the Tribunal that the figures submitted before it reveals that there were 444 cases of illegal mining registered in the year 2013-2014, out of which charge sheets in 302 cases have been filed in the court. The figures of such cases have been increasing because 155 cases were registered in 2010-11, 295 in the year 2011-12 and 384 in the year 2012-

The number of cases registered show that the same have increased rather than decreasing. So long as there is ready market available for illegal excavated minerals, it is difficult to curb the aforesaid activity. While it is possible to place curbs on those who are holding valid lease for mining and, may be brought within the framework of law but it would be near to impossible to deal with those who are not holding any mining lease but are still doing mining illegally. It is possible either on account of totally indifferent and inaction on the part of the authorities or leads one to believe that it is with their connivance.

Therefore, it is necessary to identify the source which gives rise to such illegal activities and take action against them which would necessarily include the source of consumer which prompts such illegal mining. The Tribunal had also thought of another aspect for recovering the amount by way of penalty to be given to forest department for restoration of environment in areas where illegal felling of trees were allowed for the purpose of mining operations. The overburden be refilled and plantation of trees be under taken. It is only after reforestation that it would ensure prevention of illegal mining.

The Tribunal had directed the State of Rajasthan to response with regard to certain specific issues and points raised during the hearing on 14.03.2014. Response was submitted by Chief Secretary, State of Rajasthan, enclosing copy of the letter written by him on 22.04.2014 to his counterpart in State of Haryana. However, it was submitted that response from Chief Secretary of Haryana was still awaited. Tribunal vide its order dated 01.05.2014 held that the aforesaid activities were in total violation and contravention of the orders of the Hon'ble Supreme Court and therefore, the State Government has to take necessary steps for enforcing such directions and to ensure that no illegal mining activity in Aravalli range as well as forest area of district Alwar are allowed to be carried out. Further it was ordered that it would be the responsibility of State Government through its Chief Secretary; Secretary Mines and Zoology, Secretary Forest; Home Secretary, Transport Commissioner and Director General of Police to ensure that no illegal mining is carried out, no such mineral is allowed to be transported, no illegal stone crushing is permitted and necessary action to prevent such illegal activities shall be taken up with all seriousness by State of Rajasthan.

It was also ordered that contravention of the above shall also be dealt with under Section 26 of the NGT Act 2010, apart from any other provisions which exists under MMCR, 1986; Forest Conservation Act 1980 and the Provisions of IPC. It was also observed that Section 26 of NGT Act provides that whoever fails to comply with the orders of the Tribunal shall be punishable with imprisonment for a term which may extend to 3 years and a fine up-to an amount of Rs. 10 crores or with both and failure to comply would further entail extended liabilities of Rs. 25,000 per day.

It was further ordered that the Divisional Forest Officer in whose jurisdiction such illegal mining activity is reported and noticed shall immediately prepare a plan for restoration of forest area and submit the same to the Government, through the head of forest department. The State Government shall examine the same and thereafter accord necessary administrative as well as financial sanctions for carrying out the restoration and reforestation work and other related activities such as fixing boundary pillars, establishing check posts etc. as submitted in the plan by DFO, to cover all such areas. The said task was to be completed before 25.05.2014, necessary sanction be granted and reported to the Tribunal.

The State Government of Rajasthan was also directed to submit its response to the reply received from Chief Secretary Government of Haryana, on the letter written to him by Chief Secretary Rajasthan. It was made clear that in case response of Chief Secretary, Government of Haryana is not received then he was directed to remain present before the Tribunal on 29.05.2014 to explain the position of the State of Haryana for taking effective steps to prevent illegal mining and transportation of minerals as well as stopping its use within Haryana.

It was observed by the Tribunal that State of Rajasthan had constituted a State level task force to "control illegal mining" under the order dated 15.02.2010. The State Level Task Force was presided over by the Chief Secretary with 10 members attending the meeting on 08.11.2011. Decision taken by it was as follows:

A special investigation team will be constituted immediately comprising of one SP and 2 DYSP with supporting staff. Additional Director General of Police will send detail proposals with financial implications for SIT and the same will be sent by Mines Department to the finance for immediate action.

"Proposals for a special force called Mineral Protection Force comprises of 5 Battalions will be prepared by Mines Department. After administrative approval these proposals will be submitted to Finance Department for constitution."

A copy of the reply dated 19.05.2014 sent by Chief Secretary, State of Haryana, in reply to the letter sent by Chief Secretary, State of Rajasthan, had been filed on 29.05.2014. The said reply of Chief Secretary, State of Haryana admits the fact that illegally mined mineral is brought on a large scale into the State of Haryana from Rajasthan. It has also been admitted by him that stone crushers in large number, are running in the border areas of Rajasthan and Haryana. The Government of Haryana took steps for regulating the stone crushers in Haryana and had banned establishment of new crushers. However, the said order of banning has been set aside by High Court of Punjab and Haryana on 31st July, 2013.

In short, it is mentioned in the reply sent by Chief Secretary, Haryana that firstly, no mining is being allowed to be carried out in Haryana. Secondly, crushers are located in the territory of Haryana. Thirdly, the stone crushers so located in Haryana are recipients of the mineral brought from Rajasthan as there is no raw material available on Haryana side because the mining operations are closed under the directions of the Hon'ble Supreme Court.

In view of the above, it was observed by the Tribunal that State of Haryana needs to take strong measures to curb illegal mining activities and transportation of minerals from Rajasthan. Mining activities in the Aravali Range of Alwar District have already been banned by the Hon'ble Supreme Court. But despite of it, mineral is being transported from Alwar District of Rajasthan, where strict measures need to be adopted by the State Government for checking the vehicles transporting minerals illegally excavated. It had also been stated in the letter by the Chief Secretary, Haryana that vehicles transporting illegal mined minerals often carry fabricated documents in the form of Ravanna from the mines which have valid operational documents and permission. Steps needs to be taken for curbing all such practice. Since the end users of the minerals are the real estate developers in NCR, particularly in the newly developing areas in Haryana. It may not be difficult to audit and get the statistic of the quantity of material required and utilized for such projects, from the developers concerned. The developers can also be asked to give the information with regard to the source of the raw material (mineral) and the supplier can also be made to disclose the source of such material, including the crusher and the mines from which the material is bought. All this would help in tracing the mineral, whether it is brought from a valid source or the one illegally mined.

The Chief Secretary, Government of Haryana had suggested for calling a meeting of the officers of the concerned departments and the District Magistrates of both the States, in which the Superintendents of Police can be included. Such meeting should be convened at the earliest.

The Tribunal had also directed the State of Rajasthan to obtain satellite imageries and collect satellite data as well as information, with the help of SRSC, National Remote Sensing Agency at Hyderabad and Forest Survey of India, Dehradun. Thereafter, a detail study be carried out to identify the locations from where mining and deforestation had been carried out over a period of time. The same should be compared and tallied with the available data of valid lease granted for the mining operations and the areas where no valid lease exist and deforestation has taken place. Steps needs to be taken to restore the forest area as given in the minutes of meeting and plan be prepared for controlling illegal mining and restoration of forest by the Deputy Conservator of Forest at Alwar. The images from the satellite can also be used for identifying the routes which are and were being used for illegal transportation of minerals and barriers must be put across such routes along with establishing the required patrolling units and check-posts.

It was ordered by the Tribunal that the vehicles seized while carrying minerals illegally are being released after imposing fines and penalty. Henceforth any vehicle or equipment that is seized on account of being used in an illegal manner and for transportation of such mined minerals shall not be released without the matter being brought to the notice of the Tribunal. The State Government was directed to issue necessary instructions to the officials of the Mining Department as well as Forest Department. Otherwise, after release of such vehicles, in the normal course, are being repeatedly used for the same activities.

In light of the report submitted by the Deputy Commissioner of Forest, Alwar, which had been filed on record by the State Government itself, along with affidavit of the Additional Director of Mines, states that approximately 3000-3500 Kg of explosive is being used in one go and four inches bores are drilled to plant it to blast hillocks in huge quantity and also one thousand dumpers, each with carrying capacity of 40-65 tons of mined minerals, are entering the State of Haryana in a single night. The Tribunal observed that it appears that people who are carrying such illegal activities with impunity are doing it in connivance with the officials or the administration has got no will to check the same.

The State Mining Engineer, Government of Haryana had sent a communication dated 20th May, 2014 to the Tribunal along with a copy of letter dated 19th May, 2014 of the Chief Secretary, Government of Haryana and related document.

The Tribunal was informed that unlike many other States, Pollution Control Boards in the country which are required to grant consent to establish and consent to operate the stone crushers under the Air (Prevention and Control of Pollution) Act, 1981 and other related environmental laws, in State of Haryana, the Pollution Control Board is not insisting on the project proponent to disclose the source from where the raw material for stone crusher would be procured. This assume importance from what had been informed by the Chief Secretary of Haryana in the aforesaid letter, that these stone crushers are carrying on their operation and the raw material is imported/transported from State of Rajasthan as the mining operations is lying closed on Haryana side, under the direction of the Hon'ble Supreme Court. The Chief Secretary has further stated that a stone crusher becomes the first recipient of any raw stone mineral as and the fact that stone mining has been lying closed in Haryana.

It was observed by the Tribunal that in view of the fact that Haryana Pollution Control Board by not insisting or making it mandatory for the project proponent to furnish information regarding the source of raw material to be used, is abating illegal mining activity which has otherwise been banned in Aravali Region, particularly in the State of Haryana as well as district Alwar in Rajasthan. Therefore, the Tribunal directed for issuance of notice to Haryana Pollution Control Board, through its Member Secretary, to show cause why a uniform policy as prevailing in several other States like Rajasthan, Madhya Pradesh etc., where grant of consent to establish and operation of stone crusher is based upon the disclosure of source of raw material from where it is brought, be not made mandatory in State of Haryana, particularly when its Chief Secretary has himself admitted the fact about vehicles carrying illegal mined material from an area operating in Rajasthan would first supply the same to the crushers operating in Rajasthan. The illegal operators may come to crushers on Haryana side in case they may not be able to off load the material to the crushers in Rajasthan.

A reply from the Haryana Pollution Control Board was sought on the aforesaid issue, keeping in view the mandate of Article 48(A) of the Constitution of India as well as the Environment Protection Act, 1986 and other enabling laws. The Registrar of the Tribunal was directed to serve copy of the order along with the letter received from Chief Secretary, Haryana on 19th May, 2014. Pursuant to the order of Tribunal dated 24.11.2014 and on issuance of notice to Haryana Pollution Control Board, a Counsel on their behalf appeared on 12th January, 2015 and sought time to file reply on the issues raised. The reply was filed by way of an affidavit of the Member Secretary on 3rd March, 2015. It was stated therein that Environmental Department of Government of Haryana had issued Notification on 18.12.1997 notifying in Schedule-II under Item No. II, Clause H, wherein the stone crushing units will furnish, on demand of the Pollution Control Board, complete data relating to the sources and quality of raw material legitimately utilized or exploited by the stone crushing units and also its production data; taxes and duties paid, as applicable thereon under the law of land.

Thereafter, Haryana Pollution Control Board was directed to furnish information after obtaining the same in terms of Para H of the Notification dated 18.12.1997 from all the crushing units to whom consent to establish and consent to operate has been granted by it. The said information was to be supplied to the Tribunal before the next date of hearing.

The Tribunal had also taken note of the order dated 2nd March, 2015 issued by Member Secretary, Haryana Pollution Control Board, filed along with the reply, which states as follows.

"All the stone crushing units will disclose their source of raw material at the time of obtaining consent to establish and consent to operate and raw material should be obtained from legal mines. In case at any stage raw material procured from illegal sources found to be used, the sole responsibility will be of the Project Proponent."

Complete information with regard to crushing units was ordered to be submitted by 1st April, 2015. It was also ordered that in case such raw materials are not obtained by legitimate means, Haryana Pollution Control Board shall take immediate steps against such parties. Pursuant to the said directions, Haryana Pollution Control Board filed a report with Annexure-R/3 which is the list of 825 crushing units established in Haryana with their names, date of grant of consent, source of raw material that has been brought for use in the crushing units and other data. The Counsel for Rajasthan State Pollution Control Board had also gone through the list and State of Rajasthan had also verified the details of the origin i.e. the source from where the minerals have been provided to the crushing units in Haryana. However, the Learned Counsel for State of Rajasthan submitted that detailed investigation with regard to the same will be carried out in consultation with the authority of the State Pollution Control Board as in most of the cases the details have not been provided by Haryana Pollution Control Board with regard to the alleged mines, from where the raw material is said to have been sourced to the crushing units in State of Haryana.

After going through the list submitted by Haryana Pollution Control Board, the Tribunal observed that at the time of applying for consent, details have not been submitted by the project proponent with regard to the source from where the raw material for the crushing unit will be obtained. Therefore, the Tribunal observed that notices be issued by Haryana State Pollution Control Board to the concerning crushing units to submit the legitimate source of such raw material and in case the Haryana Pollution Control Board is not satisfied after verifying the details with regard to the source, they shall take appropriate action with regard to closure of such units and revoking of consent, in accordance with law. It was also ordered that the same shall be intimated to the State of Rajasthan, through the Chief Secretary, State of Haryana and also to the Rajasthan Pollution Control Board, who shall take appropriate action based upon the information provided by Haryana Pollution Control Board.

Subsequently, M/s Ganesh Stone Crusher of Tehsil Tauru, District Mewat filed a Miscellaneous Application praying for permission to implead it as party respondent. The said application was submitted in view of the aforesaid order passed by the Tribunal on 7th April, 2015 directing Haryana Pollution Control Board to disclose the list of stone crushing units in Haryana and also give the source from where they are obtaining raw material, as in the State of Haryana stone mining have been prohibited. It was submitted on behalf of the applicant that the party has received a show case notice from Haryana Pollution Control Board and fears that any order passed in the matter may adversely affect the applicant. It may be noted here that 15 days time was granted to the stone crushers to show cause.

The Counsel for Haryana Pollution Control Board also submitted on 6th May, 2015 that they have issued notices to the respective stone crushing units established in Haryana, particularly those who have not disclosed the source of raw material, as to why their consent be not withdrawn and asked to close down their units. It was also submitted that after expiry of the period of notice, an order in pursuant of the replies shall be passed in accordance to law. Further, it was submitted before the Tribunal that the information to its counterpart i.e. Rajasthan State Pollution Control Board, vide communication dated 24.04.2014 has been provided by some of the stone crushing units to whom the consent has been granted by Haryana Pollution Control Board based upon information pertaining to procurement of raw material from Rajasthan. On the basis of such information Rajasthan Pollution Control Board is undertaking an exercise to verify the facts.

On 22nd May, 2015, the Counsel for Rajasthan Pollution Control Board had placed before the Tribunal information received in respect of the three Districts where mining leases, regarding which the information was furnished by Haryana State Pollution Control Board, from where stone crushers in Haryana are receiving the raw material. It was also submitted that in many such cases where information was furnished by the State of Rajasthan to Haryana Pollution Control Board, there are no mining leases in existence. Therefore, the Tribunal directed, on the basis of information submitted by Rajasthan State to its counterpart in Haryana State, that they shall take immediate action with regard to cancellation of consent and closure of crushing units, by disconnecting the electricity in accordance with law.

The Tribunal then granted six weeks' time to Haryana Pollution Control Board to submit the information to Rajasthan Pollution Control Board and after receiving such information Rajasthan Pollution Control Board was directed to carry out the necessary spot inspection and verification. Thereafter, to submit their response and action be taken, on the next date of hearing. The State of Rajasthan was also directed to cooperate with Rajasthan Pollution Control Board for carrying out the verification based on the information provided by Haryana State Pollution Control Board.

On 18th August, 2015, the Counsel for Haryana State Pollution Control Board submitted before the Tribunal that in their State there are about 900 stone crushing units. The mining activities in State of Haryana is banned by the order of Hon'ble Supreme Court and as such the stone crushing units located in Haryana are solely dependent upon the raw material being supplied from mines which are operational in Rajasthan. The said list had also been supplied to the Counsel for State of Rajasthan. It was also submitted that Haryana Pollution Control Board had sought information from each and every stone crushing units, regarding the source of raw material. It was also submitted that about ten or more stone crushing units have not supplied the aforesaid information. Such units have the installed capacity of about 100 tons per day.

The Tribunal then directed Haryana Pollution Control Board as well as State of Haryana to issue notice to ten stone crushing units or whatever the number may be, who have not furnished the requisite information, that they shall be liable for restoring the environment on the formula at the rate Rs. 1000 per tons multiplied by 100x300. The details of such defaulting units were to be furnished before the Tribunal along with the show cause notice. It was also ordered by the Tribunal that, in meanwhile, steps to attach the properties for recovery of said sum will be taken up by State Government/District Administration within whose jurisdiction these stone crushing units are located.

On 30th November, 2015, the Tribunal directed that all mines and stone crushers which are not having Environmental Clearance shall be closed down with immediate effect and the District Collectors and Mining Engineers of District Alwar and Bharatpur were to take immediate action in this regard. The electricity and water connection to the stone crushers were to be immediately disconnected and any alternative power source such as DG sets were to be impounded by the State Authorities.

The State of Rajasthan has filed documents on record, with compliance report, in respect of the investigation carried out by the Mining Department on the basis of information provided by Haryana State Pollution Control Board and State of Haryana.

The Learned Counsel for the State has submitted that the quantity for which the Ravannas have been submitted is 58004 MT of around 1400 stone crushers, located along with Rajasthan-Haryana border. Out of these, more than 800 crushers have been installed in State of Haryana, as per the information from Haryana Pollution Control Board. The Learned Counsel for State of Haryana submitted that the quantity supplied is far less than daily requirement for which transit passes have been submitted. This reveals that a lot of illegal excavation and transportation of minerals from the mines in Rajasthan is taking place in Haryana, even if it is assumed that some quantity of mineral is being consumed within the State itself.

Further, it was submitted before the Tribunal that fabricated documents are being produced by some of the stone crusher units, which have been forwarded by Haryana Pollution Control Board to State of Rajasthan. Looking to the disclosures which was coming from investigation and preliminary enquiry done by the Mining Department of State of Rajasthan, the Tribunal directed to lodge First Information Report (FIR) so that the matter can be investigated with regard to various offences which have been committed. The accused in such cases would be the mining lease holder; transporter; person engaged in illegal mining and also the operator of stone crusher units in Haryana, for which investigation needs to be carried out by the State agencies.

The Tribunal had ordered that in the areas where mining lease have been cancelled or they have been abandoned, measures in respect of creating green belt and forest in the same shall be examined at the earliest and plans be formulated for restoration of the area.

Some Miscellaneous Applications (771/2015, 819/2015 and 840/2015) were filed on behalf of the stone crushers operating in Haryana with the prayer that they have been issued closure directions. Therefore, the Tribunal may pass order for setting aside the closure directions and allow them to operate. The Tribunal observed that the action taken by Haryana Pollution Control Board, whether for closure or to seek clarification, the recourse is that these orders should be challenged before the Appellate Authority who may decide the same, in accordance with law.

The Tribunal had directed the Counsel for State of Rajasthan to submit a list of defaulters/offenders who have been identified and cases registered. He was also asked to file a copy of the restoration plan, which has been prepared for five years and is already in operation. The cost of restoration shall also be intimated. Miscellaneous Application had been filed seeking direction for being permitted to operate the stone crushers. It was submitted that against the order passed by the Regional Officer of Haryana Pollution Control Board, they are unable to file appeal as presently there is no Appellate Authority. Miscellaneous Applications (638/2016 to 640/2016 (in O.A. 128/2013) had been filed by the stone crusher's owners in Haryana seeking direction to quash the show cause notice/consequential orders passed for closure and imposition of penalty. In this regard, it was observed by the Tribunal that such applicants have a right to challenge the same before the Appellate Authority in Haryana State. In case of delay in constituting the Appellate Authority, such applicants may approach the High Court for issuance of mandamus in that behalf.

Pursuant to the order dated 17th August, 2016 passed by the Tribunal, the State of Rajasthan had submitted information with regard to number of cases of illegal mining registered, as also under Forest Act. The information regarding vehicles and equipments seized, had also been provided. The State Government had also submitted a restoration plan which had also taken into account the need for reforestation of the affected area which extends to 2612.64 hectares. This is also required for quantifying the loss to the environment caused as a result of these illegal mining and destruction of forest. The Tribunal directed the State Government to apply NPV formula for the said purpose in relation to the affected areas. A perusal of the photographs placed with the report clearly revealed that such mining could not have been done in a short period. It only shows apathy on the part of District Administration as well as Mining Department toward such rampant illegal mining which was carried out unchecked.

It was ordered that the amount so quantified should be recovered from the persons found responsible. The responsibility was to be affixed on the basis of any evidence available or on the cases registered against such persons for various offences, including under the Forest and Mines Act. The State was directed to make an endeavor for identifying the persons who have benefited from such illegal mining, including recipients of such minerals. The liability may also be passed on to such recipients of illegal minerals which is a stolen property and having caused/abetted loss to the environment. It was ordered that for this purpose a special team may also be constituted of the officers from Department of Revenue, Forest, Mines, Police and Pollution Control Board.

In addition to the direction issued for quantifying the loss caused to the environment and mineral resources, the procedure for recovery of the amount from those responsible shall be worked out and followed. Furthermore, with the aforesaid observations, Original Application Nos. (128/2013, 127/2013 and 128/2015) were disposed of on 31st August, 2016. The case was ordered to be listed for compliance on 21st November, 2016.

After passing the order deciding the original application, the team constituted by the Collector was directed to submit, before the Tribunal, the action taken by them in terms of the order deciding the petition along with the names of the persons responsible. Thereafter, the State of Rajasthan informed the Tribunal that the action taken by the Collector is under process and as such they pray for more time. In this regard Miscellaneous Application (1069/2016) was filed by the State of Rajasthan and the same was allowed, while permitting the time prayed for.

The State Government had then filed a report mentioning that the Forest Department had inspected the area in question and it has found that out of the total, an area admeasuring about 347.67 hectares has been adversely affected by illegal mining. As per NPV (@ 6.60 Lakh Per Ha) total damage to the environment was assessed to the tune of Rs.22,94,62,200/-. All persons found to be indulging in illegal mining activities, and cases have been registered against them, indicate that they are prima facie responsible for making good the loss that has been caused to the environment. Further, the loss to the environment on account of excavation of mineral had not been calculated at that time. Therefore, the Mining Department was directed to calculate the said loss and add to the amount determined for loss caused to the forest area. It was ordered that cumulative amount shall be recovered from the persons found indulging in illegal mining activities and against whom cases have already been registered which are pending in various courts. It was made clear that pendency of these cases have nothing to do with the recovery of the amount for loss to the environment.

In compliance of various orders passed by the Tribunal which have been mentioned earlier, the State of Rajasthan placed on record documents to show that steps have been taken. The Respondent-State of Rajasthan had identified various heads with regard to assessment of damage as a result of illegal mining, felling of trees and destruction of the forest. As per the Committee appointed, the categories of losses have been identified as:

i) Loss to be computed towards loss of trees and forests, based upon the rate of NPV,

ii) Loss of mineral on account of illegal mining to be computed upon the quantity excavated which has been found to be 52,283,390 MT of minerals, of which 80% has been estimated as ChejjaPathar i.e. 41,830,772 MT with an estimation inmonetary terms as Rs. 430.80 crores.

iii) Loss to the environment was to be determined by Rajasthan Pollution Control Board. In addition to the above, it was observed by the Tribunal that there may be issue with regard to loss of revenue which would be loss of the State.

The Tribunal had observed that during the hearing of the main matter, it had come on record that information has been provided by the State Pollution Control Board to the effect that there were 368 stone crushers in Haryana which are receiving illegal raw material in the form of minerals from Rajasthan. The quantification be carried out on the basis of installed capacity of the crushers, as per the 'CTO and CTE', with additional evidence that may be provided including use of electricity or record of stock and trade/dispatch. The Tribunal expressed its firm view that for the destruction of environment the market, creditors and suppliers are primarily responsible. Therefore, it was ordered that after quantifying the loss caused by such stone crushers, both in Rajasthan and Haryana, notice of attachment of property, with a direction to deposit the said amount within 30 days, be served upon the defaulters failing which action be initiated for recovery and State of Haryana shall assist State of Rajasthan for recovery of the amount and to deposit the same with Collector, Alwar, Rajasthan. The Tribunal had also directed State of Rajasthan to furnish restoration plan for the affected area. The plan should include all relevant considerations i.e. of conservation of the area, restoration of forest, back filling with the over burden in case it is still there and more importantly, steps for protecting the area from any future illegal destruction, protection and survival of the plants/ trees which may be planted during the current monsoon of 2017 and in future. Besides, the measures for protection; survival and preventing future destruction shall be kept in mind till such time as the forest department considers it necessary, but for a period not less than five years.

The restoration plan was to be submitted before the Tribunal in first week of May, 2017 and all necessary steps for arranging plants of local variety which are identified as conducive for this purpose. A restoration plan, looking to the extent of the area, may be drawn for three years of the entire amount which is recovered under various heads as identified and shall be kept separately, to be utilized for the purpose of restoration of the environment. The Tribunal directed Principal Chief Conservator of Forest and Principal Secretary (Forest), State of Rajasthan to depute a Senior Officer of the department to oversee all restoration work and shall be responsible for their initiation, execution and supervision. The concerning DFOs were to report directly to such officer for submitting the progress of restoration plan. The State of Rajasthan was directed to produce data on the next date of hearing with regard to the investigation carried out and the steps taken against the defaulting persons who are accused in the First Information Report. Copies of the order passed on 14th March, 2017 were sent to the Chief Secretary, Principal Secretary (Forest), Principal Chief Conservator of Forest, Chief Secretary, State of Haryana and the Member Secretary, Haryana Pollution Control Board.

Subsequently, on 8th May, 2017, the State of Rajasthan and its officials were directed to carry out proceedings for the recovery of the amount which is to be collected from each of the person identified for having carried out illegal mining and loss caused to the environment, as determined by the forest officials as well as mining officials. The Collector, Alwar was directed to issue necessary notices for recovery of the amount to the persons concerned. Recovery under PDR was also to be initiated so that the amount can be recovered and deposited in Environment Relief Fund for utilization of the same for restoration work to be carried out by the officials of the State. For the purpose of plantation, a plan was to be submitted before the Tribunal so that execution can be carried out during the present monsoon season. The Collector was directed to file an affidavit regarding the steps taken for recovery of the amount. The Counsel for the State had then submitted the list of recovery which has been prepared and steps are underway for collecting the amount.

The Divisional Forest Officer, Alwar, Rajasthan, through M.A. (343/2017), submitted that substantial recovery against defaulters, identified in the State, has been made and the remaining is under process. As regards the defaulters in the State of Haryana, the record pertaining to each of them with the amount specified and notices so prepared shall be sent to Haryana State Pollution Control Board. The Learned Counsel for Haryana Pollution Control Board submitted that the Board has already approached the district administration in Rajasthan for providing the list to affect the recovery. The Tribunal directed that the officials of the forest department of Rajasthan State shall prepare a list of defaulters (368 as identified) and send the same, through a special messenger to the Member Secretary, Haryana Pollution Control Board for carrying out the necessary recoveries against them and remit the amount to the District Administration and DFO, Alwar.

On 5th September, 2017, a compliance report had been filed before the Tribunal, a copy of which was provided to the Counsel for Haryana State Pollution Control Board, wherein it was stated that the demand based on NPV at the rate of 6.6 lakh per hectares for the damage caused to the forest alone, in an area of 347.67 hectares which was identified, as a result of stone crushing activity by 379 units has been sent to the Member Secretary, Haryana Pollution Control Board who is yet to make the recovery of the amount which is to be remitted to the State of Rajasthan. The amount was calculated on the basis of illegal mining which was carried out in State of Rajasthan and the material supplied and utilized by 379 stone crushing units in Haryana which were identified and a list was sent by the Member Secretary, Haryana Pollution Control Board and by Chief Secretary, Government of Haryana in its affidavit that the material used by those stone crusher units was stolen from Rajasthan and brought to Haryana for being used there. Therefore, it was observed by the Tribunal that the responsibility for making good the loss to the forest based upon the Net Present Value (NPV) at the rate of 6.60 lakh per hectares lies squarely upon 397 stone crusher units.

In addition to above, restoration plan had been prepared by the State which is of much larger amount and was required for carrying out the restoration work in the area. A copy of the report/plan, along with total estimated cost calculated in the year 2014-15 with increase in cost over the years, was directed to be sent by State of Rajasthan to Chief Secretary, State of Haryana for being recovered from defaulting stone crushing units, list of such units was submitted before the Tribunal by Member Secretary, Haryana Pollution Control Board. The material was being utilized as stolen mineral from State of Rajasthan, on account of ban imposed on stone crusher activities in the State of Haryana. The said amount, roughly Rs. 45 crores with its escalated cost, shall be recovered from 379 units by State of Haryana and the Member Secretary of Pollution Control Board was to remit the same to State of Rajasthan.

On 10th October, 2017, the Counsel for Haryana Pollution Control Board submitted that information/instructions have been received from the Board that action has been initiated for making the recoveries. He was directed to file a compliance report, for which a month's time was sought on behalf of Haryana Pollution Control Board. The Tribunal made it clear, on 12th October, 2017, that in case the compliance is not made then Haryana Pollution Control Board would be responsible to make good the loss caused to the environment in Rajasthan. An order was passed against them to show cause, on the next date of hearing, as to why they may not be directed to deposit the amount as deposited by State of Rajasthan and its Pollution Control Board.

On 13th November, 2017, Haryana Pollution Control Board was directed to supply a copy of the compliance report to the Counsel for State of Rajasthan who was to respond the same, if desired. But compliance report was given only on 11th December, 2017. The Tribunal had specifically asked the Counsel for State of Haryana with regard to the steps taken against 379 stone crushers who were illegally operating, but no satisfactory reply was given. It transpired at the time of hearing that no action has been taken so far against such operators. It was noted by the Tribunal that this was an issue which was brought to the notice of the Chief Secretary of State of Haryana who had responded, by way of an affidavit, with an assurance that appropriate steps would be taken up immediately.

Thereafter, on 10th January, 2018, the Counsel for State of Haryana submitted that notices had already been issued to all 379 units and replies have been received from 282 units. The said process is still continuing. However, the Learned Counsel for State of Rajasthan submitted that all defaulting units are still operating in State of Haryana. Therefore, the Tribunal directed that the operation of all 379 units be stopped till further date of hearing.

From the proceedings in the present case it is clear that the same had been pending before the Tribunal since the year 2013, after being transferred from High Court of Rajasthan where the same was initiated in the year 2011. The proceedings involved serious question of environment as well as relating to two States. The Tribunal had taken up the matter on priority but still the proceedings continued for a long time. The owners of stone crushing units had been aware of these proceedings but still they did not take any steps before the appropriate authorities to run their units, in accordance with law. As a matter of fact such unit owners, located in State of Haryana, had been watching these proceedings from the fence. Some of them had come before the Tribunal at the initial stage and they were permitted to be interveners and assist the Tribunal.

Thereafter, it was only when the Haryana Pollution Control Board had issued show cause notice for closure of the units that a few of them came to the Tribunal for being impleaded as a party. Such persons were suggested to approach the concerning authority to challenge the show cause notice of closure, in accordance to law prevailing in the State of Haryana. At the subsequent stage, some of the stone crushers unit, when action was sought to be taken against them by Haryana Pollution Control Board, approached the Tribunal to recall the order passed by it or grant stay against the action being proposed to be taken by them. By that time, the Tribunal had finally decided the matter and proceeding with regard to implementation of its order was going on. In such a situation, the appropriate course for the stone crusher owners was to challenge the order of the Tribunal, if they were aggrieved of, before Higher Authority which the law provided.

When the question of imposing of environmental compensation had come up, some of the stone crusher units had directly approached the High Court of Madhya Pradesh at Jabalpur.

Ultimately, in view of the fact that the subject matter related to environmental law, the High Court had ordered the petitioners to move before this Tribunal. Such persons had thereafter approached the Tribunal for recalling the final order already passed and to restrain Government of Haryana and Haryana State Pollution Control Board from proceeding against them. Moreover, some of the owners had filed a composite application praying for impleadment as party and also to pass an interim order in their favour. Such applications obviously could not have been considered for the simple reason that before, seeking any interim relief, the individual must first implead itself as a party to the proceedings. As a stranger to a proceedings, no person can been given any relief in a judicial proceedings. By adopting different modes to approach the Tribunal, which was not in accordance with law, the stone crushers in Haryana had led the proceedings before the Tribunal go on as a result of which the same was concluded on 31st August, 2016. Thereafter, the matter was kept for compliance of the order/directions passed by the Tribunal.

Reverting to the present Miscellaneous Application (1749/2018), it may be noted that the applicant has filed the same seeking impleadment to the proceedings. It is noteworthy that in the application itself, para 25, mention has been made about various Misc. Applications which were filed in haste and not in accordance with law. Consequently, the applicants had themselves withdrawn the same, so as to file a fresh one.

Instant application has been filed with the following prayer:

"(a) Allow the present application and implead the Member of the Applicant Association through the Applicant Association as the Respondent party to the Original Application No. 418/2018 (Earlier being O.A. No. 127/2013) (THC) (CZ)."

The application has been filed before the Tribunal at the stage when Original Application stands decided by order dated 31st August, 2016. The Tribunal is now seized with the matter for the purpose of implementation of the order. Such being the situation of the proceedings, any stranger/individual cannot seek impleadment of party to the proceedings in the Original Application which has already been decided. Needless to say, after passing of the final order, a Court becomes functus-officio. In other words, even the Court which has passed the final orders has no jurisdiction to reopen the case or further continue its proceedings. Even if a person is aggrieved of the final order passed and seek to present his case, the law provides that he should approach the court having jurisdiction to consider against the final order. In doing so, such court may upheld the order, set aside the same or remit the case to the court which has passed the final order for re-consideration after permitting the person to represent his case and then decide the same, in accordance to law.

In the instant case, the owners of the stone crushers located in Haryana were not only having the knowledge of proceedings before the tribunal but also kept a watch over them for long. They had even approached the High Court of Madhya Pradesh at Jabalpur against the order passed by the Tribunal, instead of first approaching the competent authority to hear appeal against the order of show cause notice for closure issued by Haryana Pollution Control Board.

It was only after an order having been passed by the High Court that some of the units had approached the Tribunal for grant of stay or recalling the final order. Review or recall of an order could only be sought by a person who is a party to the proceedings. A stranger, at first instance, cannot come to the court for review or recall of a final order. His remedy lies elsewhere so as to first challenge the final order, of which he is said to be aggrieved or against his interest.

Therefore, in our considered view, this Misc. Application filed by the Members of the Association for being impleaded as a party in the Original Application No. 418/2018 is not maintainable for the simple reason that the said original application already stands decided by the order dated 31st August, 2016 passed by this Tribunal.

Consequently, Miscellaneous Application No. 1749/2018 filed in Original Application No. 414/2018 (Earlier O.A. No. 127/2013) (THC) (CZ) is dismissed, with no order as to cost