KALU RAM YADAV vs STATE OF RAJASTHAN

1 Item No.

05 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing) Original Application No.

129/2023(CZ) Kalu Ram Yadav Applicant(s) Vs.

State of Rajasthan & Ors.

Respondent(s) Date of Hearing: 01.02.2024 CORAM: HON’BLE MR.

JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR.

ARUN KUMAR VERMA, EXPERT MEMBER For Applicant (s): None.

For Respondent(s) : Mr.

Shoeb Hasan Khan, Adv. (with Mr.

Nishant Kesharwani, Adv.) Mr.

Rohit Sharma, Adv.

ORDER 1.

The grievance in this application is against illegal operation of saw mills in Tehsil Shrimadhopur, District Sikar, Rajasthan.

2.

The matter was taken by this Tribunal and vide order dated 17.02.2022 a report was called from the joint committee consisting State PCB and the Forest Officials.

In compliance of the order the compliance report and action taken report have been filed with the facts that the officials of the MPPCB alongwith officials of the Forest Department visited the site and found that there were 23 saw mills out of which 18 of operating and remaining 5 were closed.

3.

It is further submitted that :- i. “That out of 23 Saw mills, 18 are operative and are having valid consent from the State Board, remaining 05 are closed.

The copy of consent status of the 18 saw mills is annexed herewith. ii.

That out of 18 operative saw mills, the State Board had imposed Environmental Compensation (E.C.) on 16 saw mills (which were 2 operating without valid CTO) to the tune of Rs.

22,65,000/-.

Out of which 15 saw mills have deposited E.C. to the tune of Rs.

19,45000/- alongwith interest of Rs.

2,15,350/- 4 The copy of details of E.C. deposited by 15 saw mills is annexed herewith.

It is further submitted that the remaining 01 saw mills EST have not deposited E.C.

Therefore, the State Board has issued show cause notice dated 23.06.2023 for intended directions for revocation of consent to operate and closure of the unit.

The copy of show cause notice is annexed herewith. iii. with. iii.

That the Member Secretary, District Environmental Committee submitted plan for utilization of Environmental Compensation for restoration of the Environment.

The copy of the plan submitted by Member Secretary, District Environmental Committee is annexed herewith.” 4.

Learned counsel for the State PCB has submitted that action has been initiated and taken by the Forest Department as well as by the State PCB and environmental compensation to the tune of Rs.

2,15,350/- have been realised.

All 15 saw mills have deposited the amount of environmental compensation.

One saw mill has not deposited and show-cause notice has been issued which is pending for taking proper action.

5.

State PCB is directed to take necessary actions according to rules against the unit which has not been deposited the environmental compensation and not complied the consent conditions.

6.

The Original Application No.

129/2023 stands disposed of accordingly.

Sheo Kumar Singh, JM Dr.

Arun Kumar Verma, EM 01st February, 2024 O.A No.

129/2023(CZ) PN