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print versionKhannan Grast Samiti / खनन गॠरसॠत संघरॠष समिति
Press Note
23-06-2021
NGT Instructs Mines Director to monitor illegal mining on a regular basis
Mining leaseholders to be held answerable for violations
Government’s accountability fixed in case of environmental violations.
For years Khannan Grast Samiti has been struggling against illegal mining in Kotputli and nearby areas. They had filed a petition (75/2020) on environmental violations by mining leaseholders in 2020 in NGT. NGT had instructed the government to inspect the complaints filed by Sangharsh Samiti and report to the Court.
NGT heard the matter and also took into account the comments of the Sangharsh Samiti in its recent order on June 23.
A perusal of the government report reveals that:
i. In spite of the direction of the Collector, in compliance with the order of this Tribunal, the authorities as mentioned in the report did not attend the proceedings.
ii. There was regular blasting and the mining was done up to the minimum depth of 125 ft.
iii. The water table has been affected or not, the report is not clear.
iv. There is no report with regard to the compensatory plantation
v. There is damage to the buildings, especially the school buildings due to blasting.
vi. The effect of blasting on human health and building has not been calculated
Honorable Justice Sheo Kumar Singh and the expert member Arun Kumar Verma in their 27 pages order dated 23 June, 2021 has ordered the following :
Accordingly, we direct the Director of Mines to regularly monitor the illegal sand mining and regulating and enforce the relevant guidelines issued in 2016 and 2020 and also direct to take necessary action.
We further, direct the Collector to report with regard to the damage to the school building and other buildings due to blasting in addition to the distance from the human habitation (abadi) and further State Pollution Control Board is directed to report with regard to violation of Environmental Conditions and extent of its compliance and further the damage also.
The Applicant is further directed to submit actual damage caused to the school and human health so that the necessary action may be initiated against the violators of law.
Since there is a violation of Environmental Clearance, thus, we deem it fit that notice should be issued to all the respondents and private respondents also with a direction to submit their reply/counter affidavit within four weeks.
Put up with a complete report on 3rd August, 2021 and list it with connected O.A. 48/2020.
The vehicles involved in illegal mining must be dealt with, in accordance with above guidelines issued in the case of NGT Bar Association and Environmental Compensation must be assessed and realized accordingly
We are also grateful to LIFE organization’s lawyer, Mr. Rahul Choudhary ji, for representing us in the court. They were able to convince the court, among other issues, that the large vehicles carrying the mining material loaded stones and sand above the limit, causing loss of revenue to the government and also harming the local environment. The director of mining has been entrusted with the responsibility of monitoring.
We are grateful to the National Green Authority for understanding our issues raised over the years and given the above orders. It is our expectation that the government administration will follow these orders systematically.
Radheshyam Yadav 9829778227, Jagdish Arya, Anchni Devi, Vikram Pichani, Sachin Yadav, Yadram Verma and Vimal Bhai 9718479517
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Khanan Grasth Sangharsh Samiti
Press Note | 22nd June, 2021
Notice issued to all mining lease holders
National Green Tribunal directs Rajasthan Pollution Control Board to assess the damages to the villages
The National Green Tribunal heard the case on June 14, 2021, in the case of Khanna Grast Sangharsh Samiti vs. Government of India. In the hearing, the counsel Mr. Rahul Chaudhary, presented the side of the Khanna Grast Sangharsh Samiti. The Govt. Committee had given a report to the Tribunal on the on-site investigation of the complaints filed by the Sangharsh Samiti. On which the Sangharsh Samiti had also filed its reply before the hearing.
It is to be noted that the property was damaged due to mining activity in Shuklavas, Pichni, Pawana, Buchara and Dudhwa villages located in Tehsil Kotputli, District Jaipur, Rajasthan. Due to which the Khanna Grast Sangharsh Samiti filed a suit for compensation in the National Green Tribunal in 48/2020.
After the hearing, Hon’ble Justice Sheo Kumar Singh and expert member Arun Kumar Verma wrote in their order that :-
…The issue raised by the applicant organisation pertains live in Shuklavas, Pichani, Pavana, Bhuchara and Dhudhavas villages located in Tehsil Kotputli, District Jaipur, Rajasthan, where the residential houses and agricultural field of individuals, common structures like public health centre, schools, water bodies and water sources 2 are getting affected and being damaged because of uncontrolled mining. There are about 15 mines where the members of the applicant organisation resides, which are engaged in mining activity by use of explosives and also engaged in deep hole blasting.
……due to use of heavy machineries, there is imminent danger to life of the citizens residing there and development of cracks because of blasting in the buildings.
….A committee was directed to submit the factual and action taken report. Vide report dated 06.01.2021, it has been submitted that the inspection of the buildings and statement of the Principal and other persons residing in the village makes it clear that there was damage to the walls, cracks on the walls and in one of the house a wall was totally damaged due to the blasting in the mining. It is suggested that DGMS may be directed to calculate the exact compensation and damage. Learned Counsel appearing for Respondent submitted that permission for blasting from the DGMS has not been taken. It is further submitted that since damage, as prayed, has to be paid by the Respondents, Violators of Rules, should also be given anopportunity of hearing.
….Issue notice to all the Respondents to file their reply within four weeks.
…. Applicant is further directed to submit the own calculation of damage, individually and by calculating it in a scientific manner so that the exact damage can be assessed.
..The State Pollution Control Board is directed to form a committee consisting of at least two experts for calculation of damage as narrated in the application 3 and reported by the joint committee. Further action taken report be submitted before the date of listing 3rd August, 2021.
[Please check the order for further details or clarifications]
According to the order of the Tribunal, we have sent a copy of the notice and petition to all the respondents. We hope that we will get justice from the National Green Tribunal.
Radheshyam Yadav 9829778227, Jagdish Arya, Anchi Devi, Vikram Pichani,
Sachin Yadav Sarpanch, Yadram Verma,
Khanna Grast Sangharsh Samiti
Vimal Bhai 9718479517
National Alliance of People’s Movements
