HARISH VYAS Vs. UNION OF INDIA

JUDGEMENT

(1.) FOUR Writ Petitions i.e. WP Nos. 1445/2011, 16526/2010, 12940/2010 and 2195/2008 filed by the Petitioner, Shri Harish Vyas, before the Hon'ble High Court of Rajasthan, Jaipur Bench were transferred to National Green Tribunal, Central Zone Bench, Bhopal as ordered by the Hon'ble High Court on 11th Feb., 2014 pursuant to the judgment of the Hon'ble Supreme Court of India dated 9th August, 2012 passed in Bhopal Gas Peedith Mahila Udyog Sangathan and Others Vs. Union of India and Others : (2012) 8 SCC 32. On transfer, they were registered as Original Application Nos. 56/2014, 106/2014, 156/2014 and 310/2014 respectively and since all these 4 Applications pertain to the issue of granting Mining Lease (in short 'ML') in Khasra No. 16/66 Niwai Reserved Forest Block of Tonk Forest Division, Rajasthan for mining Silica sand to the Petitioner (Applicant), they are dealt together. 1.

(2.) THE Applicant, aggrieved by the letter dated 12.09.2007 of the Chief Conservator of Forests (CCF) (Central), MoEF Regional Office, Lucknow addressed to the Chief Secretary, Government of Rajasthan informing that the Hon'ble Supreme Court of India on 08.04.2005 has ordered for restraining mining in any area of Aravali Hills falling in the State of Rajasthan where permissions have been accorded after 16.12.2002 and inspite of this order, Shri Harish Vyas, the Applicant herein, has been permitted to do mining in Tonk District of Rajasthan, filed the Writ Petition. It was further stated in the letter of the CCF (Central) that the said mines may be immediately stopped and the list of officers responsible for issuing illegal orders may be submitted to the MoEF, Regional Office (Central). Accordingly, initially the cause of action for filing of the aforesaid four Writ Petitions is based upon the aforesaid letter of the CCF (Central) and

(3.) IN the Writ Petitions the Applicant made the following prayer : "O.A. N. 56/2014 (WP No. 1445/2011) - To set aside the impugned letter of the DFO, Tonk dated 20.12.2010 addressed to the Asst. Mining Engineer, Tonk and letter dated 20.01.2011 ordering Shri Harish Vyas, the Applicant herein, to stop the mining. O.A. No. 106/2014 (WP No. 16526/2010) - To quash the impugned show cause notice dated 19.11.2010 issued to the Applicant Shri Harish Vyas by the Member Secretary, Rajasthan State Pollution Control Board. O.A. No. 156/2014 (WP No. 12940/2010) - To stay the impugned order dated 03.05.2010 issued by the DFO, Tonk. O.A. No. 310/2014 (WP No. 2195/2008) - To quash the impugned orders dated 12.09.2009 of the CCF (Central) MoEF, Regional Office, Lucknow, letter dated 10.01.2008 issued by the DFO, Tonk; letter of Director, Mines & Geology, Government of Rajasthan, Udaipur dated 12.02.2008 and order dated 14.02.2008 issued by the Assistant Mining Engineer, Tonk to the Applicant Shri Harish Vyas.