National Green Tribunal directs Rajasthan Pollution Control Board to assess the damages to the villages

Khanan Grasth Sangharsh Samiti 

Press Note | 22^nd June, 2021

Notice issued to all mining lease holders

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 3^rd 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.