Deena Nath Tiwari Versus Principal Chief Conservator of Forest, Jaipur Rajasthan

Coram: Hon’ble Mr. Justice Sheo Kumar Singh, Judicial Member Hon’ble Dr. Arun Kumar Verma, Expert Member
Keywords: Mining, Environment (Protection) Act, 1986, compensation
Decision: Disposed
Date: 25.06.2021
The application alleges that certain lands of village Malipura of Forest Division Bhurakheda, Rajasthan, were given for the development of Range Extension, and a contract for construction of a railway line was given to M/s GR Infraprojects Ltd, and earthwork was given to M/s Palm Constructions and Suppliers.
The Mining Department cancelled the permission of STP issued in favour of the project proponent on 12.11.2018, and the applicant has raised an issue of restitution of forest and above Khasras. A committee was constituted to submit a factual and action taken report, which revealed that despite the fact that permissions were cancelled, soil extraction was done without permission and in excess of the land previously considered.
The applicant has filed a response stating that mining was done in excess of the land without permission, no permission was taken from the State Pollution Control Board regarding the alleged short permission, and the actual amount of damage has not been calculated. The applicant's counsel has submitted that necessary punitive action should be taken against the violators of the law, and environmental compensation should be assessed and realized according to the law.
The tribunal directed the State Pollution Control Board to assess the environmental compensation according to the parameter already laid down, fixed and to realize & credit to the account of Central Pollution Control Board, which shall be utilized according to law for environmental purposes. The tribunal concludes that criminal proceedings and complaints may be filed before the Court of competent jurisdiction for punishment, as per the provisions contained in Environment (Protection) Act, 1986. The Original Application was disposed of accordingly.