Manohar Singh Martiya vs. Union Of India Through Its Secretary Ministry Of Environment And Forest Government Of India

in DBCW No. 2996/2018 passed by the High Court Of Judicature For Rajasthan At Jodhpur) BAJRI LEASE LOL HOLDERS WELFARE SOCIETY THROUGH ITS PRESIDENT Petitioner(s) VERSUS THE STATE OF RAJASTHAN & ORS. Respondent(s) ( IA No. 6846/2021 - APPROPRIATE ORDERS/DIRECTIONS IA No. 42703/2022 - APPROPRIATE ORDERS/DIRECTIONS IA No. 46964/2020 - EXEMPTION FROM FILING O.T. IA No. 42704/2022 - EXEMPTION FROM FILING O.T. IA No. 42696/2022 - INTERVENTION/IMPLEADMENT) WITH SLP(C) No. 34811/2013 (XV) C.A. No. 9703-9706/2013 (XVII) SLP(C) No. 10670/2019 (XV) (FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 47996/2021) CONMT.PET.(C) No. 607/2019 in SLP(C) No. 34134/2013 (XV) SLP(C) No. 18754/2019 (XV) SLP(C) No. 17993-18005/2019 (XV) SLP(C) No. 30739/2019 (XV) SLP(C) No. 30740/2019 (XV) SLP(C) No. 30741/2019 (XV) SLP(C) No. 30742/2019 (XV) SLP(C) No. 28294/2019 (XV) SLP(C) No. 4184/2020 (XV) Digitally signed by GEETA AHUJA Date: 2022.05.14 12:00:28 IST Reason: Signature Not Verified

SLP(C) No. 5099/2020 (XV) (IA No. 36186/2020 - MODIFICATION OF COURT ORDER)

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ITEM NO.4 COURT NO.5 SECTION XV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 10587/2019

(Arising out of impugned final judgment and order dated 09-04-2019

SLP(C) No. 11075/2020 (XV) (IA No. 95840/2020 - MODIFICATION OF COURT ORDER) SLP(C) No. 11076/2020 (XV) (IA No. 95837/2020 - MODIFICATION OF COURT ORDER) SLP(C) No. 11077/2020 (XV) (IA No. 95835/2020 - MODIFICATION OF COURT ORDER) SLP(C) No. 11078/2020 (XV) (IA No. 95839/2020 - MODIFICATION OF COURT ORDER) SLP(C) No. 11074/2020 (XV) (IA No. 95838/2020 - MODIFICATION OF COURT ORDER) SLP(C) No. 11707/2020 (XV) SLP(C) No. 11876/2020 (XV) SLP(C) No. 11703/2020 (XV) SLP(C) No. 11713/2020 (XV) SLP(C) No. 12019/2020 (XV) SLP(C) No. 11697/2020 (XV) SLP(C) No. 19034/2019 (XV) SLP(C) No. 11723/2020 (XV) SLP(C) No. 34134/2013 (XV) (IA No. 10/2017 - Application for Direction IA No. 87959/2020 - APPROPRIATE ORDERS/DIRECTIONS IA No. 59776/2018 - APPROPRIATE ORDERS/DIRECTIONS IA No. 145200/2018 - CLARIFICATION/DIRECTION IA No. 139515/2018 - CLARIFICATION/DIRECTION IA No. 61429/2018 - CLARIFICATION/DIRECTION IA No. 46551/2018 - CLARIFICATION/DIRECTION IA No. 113303/2020 - CLARIFICATION/DIRECTION IA No. 9/2017 - EXEMPTION FROM FILING O.T. IA No. 145205/2018 - INTERVENTION APPLICATION IA No. 113302/2020 - INTERVENTION/IMPLEADMENT)

C.A. No. 3283/2018 (XVII)

CONMT.PET.(C) No. 674/2019 in SLP(C) No. 34811/2013 (XV) (IA No. 136807/2021 - APPROPRIATE ORDERS/DIRECTIONS IA No. 140955/2018 - EXEMPTION FROM FILING O.T. IA No. 76706/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

SLP(C) No. 11510/2019 (XV)

SLP(C) No. 18202/2019 (XV)

SLP(C) No. 18088/2019 (XV)

SLP(C) No. 19135/2019 (XV)

SLP(C) No. 30743/2019 (XV)

SLP(C) No. 11719/2020 (XV)

Date : 12-05-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE A.S. BOPANNA

For the parties :

Mr. A.D.N. Rao, Sr. Adv.(CEC)

Mr. Ranjit Kumar, Sr. Adv Mr. Anand Varma, AOR Mr. Sandeep Singh Shekhawat, Adv. Ms. Adyasha Nanda, Adv.

Mr. Nikilesh Ramachandran, AOR

Petitioner-in-person

Mr. S.K. Sinha, AOR Ms. Seema Kashyap, Adv.

Mr. Merusagar Samantaray, AOR

Ms. Chitrangda Rastravara, Adv. Mr. Manvendra Singh, Adv.

Mr. Dashrath Singh, Adv.

Mr. Gp. Capt. Karan Singh Bhati, AOR

Ms. Ruchi Kohli, AOR

Mr. B.S. Rajesh Agrajit, Adv. Mr. Sunil Kumar Tomar, Adv. Ms. Jyoti Rana, Adv. Mr. Shyamal Kumar, Adv. Mr. Milind Kumar, AOR

Mr. S. Madhusudhan Babu, Adv. Ms. Archana Sachdeva, AOR

Mr. Varinder Kumar Sharma, AOR Mr. H.D. Thanvi, Adv. Mr. Rishi Matoliya, AOR Ms. Aprajita Bhardwaj, Adv. Mr. Naveen Kumar, AOR Mr. Naveen Kumar in-person Mr. Siddhant Singh, Adv. Mr. Aman Pathak, Adv. Mr. Yashraj Singh Deora, AOR Mr. Ajay Choudhary, AOR Mr. Rohit K. Singh, AOR Mr. Raj Panjwani, Sr. Adv. Ms. Shibani Ghosh, AOR Dr. Manish Singhvi, Sr. Adv. Mr. Arpit Parkash, Adv. Mr. Sandeep Kumar Jha, AOR Mr. Abhay Pratap Singh, AOR Ms. Shubhangni Jain, Adv. Mr. Aaryan Sadanand, Adv. Mr. D. K. Devesh, AOR Ms. Ruchi Kohli, AOR Mr. Harish Pandey, AOR Mr. Milind Kumar, AOR Dr. Surender Singh Hooda, AOR Mr. K.M. Nataraj, Ld. ASG Mr. B.K. Satija, Adv. Ms. Ruchi Kohli, Adv. Mr. Salvador Santosh Rebello, Adv. Mr. Mehul Milind Gupta, Adv. Mr. Gurmeet Singh Makker, AOR Mr. Anil Grover, Sr. AAG Haryana Ms. Noopur Singhal, Adv. Mr. Rahul Khurana, Adv. Mr. Satish Kumar, Adv. Ms. Ritu Rastogi, Adv. Mr. Suresh Kumar Bhan, Adv.

Mr. Sanjay Kumar Visen, AOR Mr. C. K. Sasi, AOR Mr. Abdulla Naseeh V.T., Adv. Ms. Meena K.P., Adv. Mr. Subhasish Mohanty, AOR Ms. Kiran Bhardwaj, AOR Mr. Raghvendra Kumar, Adv. Mr. Anand Kumar Dubey, Adv. Mr. Narendra Kumar, AOR Mr. Siddharth Sangal, AOR Ms. Nilanjani Tandon, Adv. Mr. Suhaan Mukerji, Adv. Mr. Nikhil Parikshith, Adv. Mr. Vishal Prasad, Adv. Mr. Abhishek Manchanda, Adv. Mr. Sayandeep Pahari, Adv. Mr. Tanmay Sinha, Adv. M/S. Plr Chambers And Co., AOR Mr. Ritesh Khatri, AOR Mr. Pradeep Misra, AOR Mr. V.K. Shukla, Sr. Adv. Mr. Rajeev Kumar Dubey, Adv. Mr. Ashiwan Mishra, Adv. Mr. Kamlendra Mishra, AOR Mr. Vishnu Sharma, AOR Intervenor-in-person, AOR Ms. Meenakshi S. Kamble, Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. S.K. Rajora, Adv. Mr. Akhileshwar Jha, Adv. Mr. E. Vinay Kumar, Adv. Ms. Kadmbari S. Patil, Adv. Mr. Naresh Kumar, AOR Mrs. K. Enatoli Sema, Adv. Mr. Amit Kumar Singh, Adv. Ms. Chubalemla Chang, Adv.

O R D E R

SLP(C) No. 17993-18005/2019.

Learned counsel for the petitioner seeks and is granted permission to withdraw these Special Leave Petitions.

The Special Leave Petitions are, accordingly, dismissed as withdrawn.

Rest of the matters:

The CEC has submitted its report pursuant to the direction issued by this Court on 11.11.2021. By the said order, this Court directed the CEC to follow the directions issued by the National Green Tribunal ('NGT') in respect of imposition of penalty/determining scale of compensation for illegal mining, as also the provisions of the Enforcement and Monitoring Guidelines for Sand Mining issued by the Ministry of Environment, Forest and Climate Change ('MoEFCC') in January, 2020 for the purpose of determination of penalty/compensation.

An affidavit has been filed by the State of Rajasthan expressing its reservation about the recommendation made by the CEC for imposition of penalties being excessive. On the other hand, the petitioner in SLP (Civil) No.10587/2019 has filed its response to the report of the CEC, in which it has been contended that the penalties suggested are not

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sufficient.

Mr. Ranjit Kumar, learned senior counsel appearing for the petitioner, submitted that illegal mining continues unabated in the State of Rajasthan, despite the orders of this Court. He has annexed certain FIRs registered against those responsible for illegal bajri mining. Dr. Manish Singhvi, learned senior counsel appearing for the State, submitted that measures have been taken by the State to stop the "social menace" of illegal mining. He submitted that large number of FIRs have been registered and steps have been taken to stop illegal mining and transportation of illegally mined mineral.

Mr. A.D.N. Rao, learned senior counsel appearing for the CEC, submitted that there is no reason as to why the State Government should take up the cause of the people who might be affected by the recommendations of the CEC for imposition of stricter penalties and compensation. He submitted that the recommendations made by the CEC are strictly in accordance with the guidelines recorded in certain orders passed by the NGT, which had to be taken into account in terms of the order of this Court dated 11.11.2021. He also stated that the illegal mining has not stopped in the State of Rajasthan and certain directions have to be issued to the State to curtail the illegal mining.

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Mr. Naveen Sharma, petitioner appearing inperson in Contempt Petition (Civil) No.674/2019 in SLP (Civil) No.34811/2013, stated that there are about 20,000 unregistered tractors in the State which were intended to be used only as agricultural equipment. However, these tractors with trailers are being used for transportation of illegally mined mineral. No action is being taken to stop such transportation by these tractors which are unregistered and neither have any criminal cases been registered against the owners of the tractors. Dr. Singhvi requested time to obtain instructions on the registration of tractors and trailers not being insisted upon in the State of Rajasthan. He also submitted that a detailed affidavit shall be filed bringing to the notice of this Court the measures taken by the State Government to stop illegal mining.

The State of Rajasthan is directed to take stringent measures to stop illegal mining of bajri as well as the transportation of illegally mined minerals by lorries and tractors. Unregistered tractors and trailers should not be permitted for transportation purposes. It is further directed that such of those lessees, who have obtained clearances from the MoEFCC, should be granted leases without any further delay. The State shall file an affidavit giving particulars of the steps that are taken to arrest illegal mining and to

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stop the transportation of illegally mined minerals, within a period of two weeks from today.

List these matters in the 2nd week of June, 2022.

(Geeta Ahuja) (Anand Prakash) Court Master Assistant Registrar