An order penalising the illegal sand miners in Kotputli tehsil is yet to be carried out; after SC observation, administration set to begin probe
Despite orders from National Green Tribunal (NGT) and Supreme Court (SC) upholding it, the Jaipur district administration is yet to recover penalty of over 13 crore levied on 134 persons accused of illegal bajri (sand) mining.
The penalty had been levied by the NGT and upheld by the apex court. The amount is to be used to replenish and rejuvenate the area that has been ransacked by the illegal miners and build roads that have been damaged while transporting sand.
The order was issued by NGT on a PIL filed by local activist Nityendra Manav of Jeevan Bachao Aandolan against state government on the issue of illegal mining in Kotputli tehsil along the Jaipur-Delhi National Highway in Jaipur district. The PIL was against around 150 illegal sand crushers functioning in the villages of Kotputli tehsil. It was estimated that over 2000-3000 trucks of illegally mined sand was transported to Delhi, Gurgaon, Faridabad and Gaziabad for construction works.
The NGT had issued an order in 2017 directing 134 offenders to deposit a penalty of Rs10 lakh each, to help replenish the green cover they had damaged, or else their property could be attached and auctioned. The order was premised on the basis of an assessment report prepared by the Forest Department. It had decided on December 7, 2017, as the date for ensuring compliance.
After the NGT order, district administration had moved to prepare a list of defaulters. It had also moved to attach the properties of the offenders and initiated the process of writing to banks to not provide loans against those properties.
But the defaulters had moved SC against NGT order seeking that it be cancelled. While the SC upheld the penalty, it ordered the district collector to examine each case individually and ensure whether they were involved in illegal mining and take further action accordingly. Speaking to DNA, Jaipur Collector Jagroop Singh Yadav said that, “The SC has directed that the affected persons be heard and matter investigated before further action. The administration has initiated the process for this. We will complete it at the earliest.”
Petitioner Nityendra Manav said to DNA, “The damages to Kotputli are irreparable the NGT order was aimed at replenishing the green cover and reconstructing damaged roads at the cost of offenders. Now that the Supreme Court too has upheld the NGT judgement, we hope that the penalty will soon be recovered.” At present crushers have been shut down, but illegal sand mining continues, he said.
Expressing anguish over destruction of flora and fauna in the area, the SC came down heavily on Rajasthan government after it cited the recent Assembly elections and the upcoming Lok Sabha polls as the reasons for not completing ground truthing exercise to ascertain the area where illegal mining had allegedly been conducted. The government machinery is “rotten” in Rajasthan and the officials are “hand in glove” with those indulging in illegal mining, the SC said on Monday.
What PIL Found
- The order was issued by NGT on a PIL filed by local activist Nityendra Manav of Jeevan Bachao Aandolan against Rajasthan government on the issue of illegal mining in Kotputli.
- The PIL was against some 150 illegal sand crushers functioning in the villages of Kotputli. It was estimated that up to 3000 trucks of illegally mined sand was transported to Delhi and the NCR.
What Order Said
- The NGT had issued an order in 2017 directing 134 offenders to deposit a penalty of Rs10 lakh each, to help replenish the green cover they had damaged.
- The NGT had warned their property could be attached and auctioned if they failed to comply with the directions.
- It had decided on December 7, 2017, as the date for ensuring compliance.
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 "Illegal Mining")
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