SECTION XV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 10587 OF 2019

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY APPLICATION No. 6846/2021

(Application for Direction)

WITH

INTERLOCUTORY APPLICATION No. 42696/2022

(Application for Impleadment)

WITH

INTERLOCUTORY APPLICATION No. 78644/2022

(Application for Impleadment)

WITH

INTERLOCUTORY APPLICATION Nos. 78656 & 78657 OF 2022

(Applications for Directions and Exemption from filing O.T.)

AND

SPECIAL LEAVE PETITION (CIVIL) No. 34811 OF 2013

WITH PRAYER FOR INTERIM RELIEF

WITH

SPECIAL LEAVE PETITION (CIVIL) No. 10670 OF 2019

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY APPLICATION No. 47996/2021

(Application for Direction)

AND

CONTEMPT PETITION (C) No. 607/2019 in SLP (C) No. 34134/2013

AND

SPECIAL LEAVE PETITION (C) Nos. 18754, 30739, 30740, 30741, 30742, 28294 OF 2019 & 4184/2020

WITH PRAYER FOR INTERIM RELIEF

AND

SPECIAL LEAVE PETITION (C) No. 5099 OF 2020

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY APPLICATION No. 36186/2020

(Application for modification of Court's order dated 20.02.2020)

AND

SPECIAL LEAVE PETITION (C) Nos. 11075, 11076, 11077, 11078 & 11074 OF 2020

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY APPLICATION Nos. 95840, 95837, 95835, 95839 & 95838 OF 2020

(Application for modification of Court's order dated 09.09.2020)

AND

SPECIAL LEAVE PETITION (C) Nos. 11707, 11876, 11703, 11713, 12019, 11697 & 11723 OF 2020

WITH PRAYER FOR INTERIM RELIEF

AND

SPECIAL LEAVE PETITION (C) No. 19034 OF 2019

WITH PRAYER FOR INTERIM RELIEF

AND

SPECIAL LEAVE PETITION (C) No. 34134 OF 2013

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY APPLICATION Nos. 9 & 10 OF 2017, 46551 OF 2018 & 59776 OF 2018

(Applications for Direction)

AND

INTERLOCUTORY APPLICATION Nos. 61429 & 61431 OF 2018

(Applications for Direction & exemption from filing O.T.)

AND

INTERLOCUTORY APPLICATION Nos. 145200, 145203 & 145205, 145208 OF 2018

(Applications for Direction, exemption from filing O.T. & Applications for Intervention & exemption from filing O.T. respectively)

AND

INTERLOCUTORY APPLICATION No. 87959 OF 2020

(Application for Direction)

AND

INTERLOCUTORY APPLICATION Nos. 113302, 113303, 113304 OF 2020

(Applications for Impleadment, Direction & exemption from filing O.T. respectively)

AND

CONTEMPT PETITION (C) No. 674/2019 IN SLP (C) No. 34811/2013

WITH

INTERLOCUTORY APPLICATION No. 136807 OF 2021

(Application for Direction)

AND

INTERLOCUTORY APPLICATION No. 76706 OF 2019

(Application for permission to file additional document)

AND

INTERLOCUTORY APPLICATION Nos. 62490 & 62712 OF 2022

(Applications for Direction and exemption from filing O.T.)

AND

INTERLOCUTORY APPLICATION No. 81986 OF 2022

(Application for additional documents)

AND

SPECIAL LEAVE PETITION (C) Nos. 11510, 18202, 18088, 19135 & 30743 OF 2019 & 11719 OF 2020

WITH PRAYER FOR INTERIM RELIEF

OFFICE REPORT

The matters along with applications above-mentioned were listed before the Hon'ble Court on 12th May, 2022 with Office Report dated 11.05.2022, when the Hon'ble Court was pleased to pass the following order:

" SLP(C) No. 17993-18005/2019.

 Learned counsel for the petitioner seeks and is granted permission to withdraw these Special Leave Petitions.

 The Special Leave Petitions are, accordingly, dismissed as withdrawn. 

 Rest of the matters: 

 The CEC has submitted its report pursuant to the direction issued by this Court on 11.11.2021. By the said order, this Court directed the CEC to follow the directions issued by the National Green Tribunal ('NGT') in respect of imposition of penalty/determining scale of compensation for illegal mining, as also the provisions of the Enforcement and Monitoring Guidelines for Sand Mining issued by the Ministry of Environment, Forest and Climate Change ('MoEFCC') in January, 2020 for the purpose of determination of penalty/compensation. 

 An affidavit has been filed by the State of Rajasthan expressing its reservation about the recommendation made by the CEC for imposition of penalties being excessive. On the other hand, the petitioner in SLP (Civil) No.10587/2019 has filed its response to the report of the CEC, in which it has been contended that the penalties suggested are not sufficient. 

 Mr. Ranjit Kumar, learned senior counsel appearing for the petitioner, submitted that illegal mining continues unabated in the State of Rajasthan, despite the orders of this Court. He has annexed certain FIRs registered against those responsible for illegal bajri mining. Dr. Manish Singhvi, learned senior counsel appearing for the State, submitted that measures have been taken by the State to stop the "social menace" of illegal mining. He submitted that large number of FIRs have been registered and steps have been taken to stop illegal mining and transportation of illegally mined mineral. 

 Mr. A.D.N. Rao, learned senior counsel appearing for the CEC, submitted that there is no reason as to why the State Government should take up the cause of the people who might be affected by the recommendations of the CEC for imposition of stricter penalties and compensation. He submitted that the recommendations made by the CEC are strictly in accordance with the guidelines recorded in certain orders passed by the NGT, which had to be taken into account in terms of the order of this Court dated 11.11.2021. He also stated that the illegal mining has not stopped in the State of Rajasthan and certain directions have to be issued to the State to curtail the illegal mining. 

Mr. Naveen Sharma, petitioner appearing in- person in Contempt Petition (Civil) No.674/2019 in SLP (Civil) No.34811/2013, stated that there are about 20,000 unregistered tractors in the State which were intended to be used only as agricultural equipment. However, these tractors with trailers are being used for transportation of illegally mined mineral. No action is being taken to stop such transportation by these tractors which are unregistered and neither have any criminal cases been registered against the owners of the tractors. Dr. Singhvi requested time to obtain instructions on the registration of tractors and trailers not being insisted upon in the State of Rajasthan. He also submitted that a detailed affidavit shall be filed bringing to the notice of this Court the measures taken by the State Government to stop illegal mining. 

 The State of Rajasthan is directed to take stringent measures to stop illegal mining of bajri as well as the transportation of illegally mined minerals by lorries and tractors. Unregistered tractors and trailers should not be permitted for transportation purposes. It is further directed that such of those lessees, who have obtained clearances from the MoEFCC, should be granted leases without any further delay. The State shall file an affidavit giving particulars of the steps that are taken to arrest illegal mining and to  stop the transportation of illegally mined minerals, within a period of two weeks from today. 

 List these matters in the 2nd week of June, 2022."

SLP (C) No. 10587/2019

It is submitted that Mr. D. K. Sinha, counsel has on 20.05.2022 filed an application for Impleadment with vakalatnama/appearance in SLP (C) No. 10587/2019 to implead the applicant as party respondent which has been registered as I.A. No. 78644/2022. (Copy of the same is being circulated herewith this office report).

It is further submitted that Mr. D.K. Sinha, counsel has on 20.05.2022 filed another application for Directions accompanied by application for exemption from filing O.T.  in SLP (C) No. 10587/2019 which have been registered as I.A. Nos. 78656 & 78657 of 2022. (Copy of the same is being circulated herewith this office report).

It is further submitted that Mr. Sandeep Kumar Jha, counsel for respondent Nos. 1 to 3 has on 26.05.2022 e-filed affidavit on behalf of State of Rajasthan accompanied by application for exemption from filing O.T. (registered as I.A. No. 81232 of 2022) in SLP (C) No. 10587/2019. (Copy of the same is being circulated herewith this office report for the kind perusal of the Hon'ble Court).

It is further submitted that Mr. Anand Varma, Counsel for the petitioner has on 30.05.2022 e-filed Counter Affidavit to the Affidavit e-filed by counsel for respondent Nos. 1 to 3 (State of Rajasthan) on 26.05.2022. (Copy of the same is being circulated herewith this office report.)

Contempt Petition (C) No. 674 of 2019 in SLP (C) No. 34811 of 2013

It is submitted that Mr. Naveen Sharma, Petitioner-in-person has on 30.05.2022 filed Application for additional documents along with Affidavit and Annexures P-1 to P-5, which is registered as I.A. No. 81986/2022. (Copy of the same is being circulated herewith this office report.)

Service is complete in all the matters.

It is lastly submitted that SLP (C) No.10587/2019 was mentioned before the Hon'ble Court on 20.05.2022, when the Hon'ble Court was pleased to pass the following order:

" List on 31.05.2022"

The matters along with applications above-mentioned are listed before the Hon'ble Court with this office report. 

Dated : May 30, 2022

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