1. On receipt of the report from Court Commissioner this Original Application No. 646/2018 was separately registered. On perusal of the report, it was revealed that Khasra No. 5 admeasuring 9577 bighas, consists of forest block named Beri Ganga admeasuring 5604 bighas another forest block namely Motisara admeasuring 2973 bighas. Therefore, the total area of the two forest blocks in Khasra No. 5 is 8577 bighas. In the remaining area of Khasra No. 5 out of the total 9577 bighas, of approximately 900 bighas is of mining department and remaining 100 bighas is a government land. It is also to be noted that adjoining to Khasra No. 5 there is Khasra No. 13 which has total land of 258 bighas and the said area is that mining.
2. The grievance of the applicant is that there is no demarcation between the land belonging to the forest department (two blocks) and one belonging to the mining department. This fact is being corroborated by the report submitted by the Court Commissioner.
3. Therefore, it is submitted by the counsel for applicant that in absence of any demarcation, mining is being done indiscriminately (in the garb of mining lease), at various places. Consequently, the entire area of Khasra No. 5 and 13 many mines are in operation. Therefore, direction was issued that demarcation of land belonging to the forest and meant for mining be demarcated in accordance to the revenue record, that is the trace map. We had given several opportunities to the State Government and its authorities to demarcate the land but the same has not been done because the trace map is said to be not available. However, the situation at the site cannot be left unregulated till the trace map is searched out and actual demarcation at the site, with regard to the land belonging to the forest is made.
4. Earlier on 15 May, 2019, we had ordered that in the entire area which is a forest land, no mining or non-forest activity shall be carried out till demarcation is made in accordance to the revenue record. The learned counsel for the applicant submits that he had visited the site on 4 June, 2019 and he has placed before us certain photographs to show that sporadic mining is being done and material is being transported in bulk through vehicles which are having no registration numbers.
5. In the aforesaid circumstance, we deem it proper to order that no mining activity shall be carried out in the entire Khasra No. 5 as well as Khasra No. 13 till further orders, irrespective of the claim of the mining department for part of the land because they have not got it demarcated. The Mining department has failed to satisfy as to which part of Khasra No. 5 and 13 are earmarked for the mining. Therefore, till proper demarcation of the he land belonging to the forest department and one belonging to the mining department is made, no mining activities whatsoever shall be carried out.
6. In order to resolve this issue on the basis of correct information and relevant record, we deem it proper to direct the Division Commissioner, Jodhpur, Collector Jodhpur, District Mining Officer, District Forest Officer, Jodhpur and the Commissioner of Police Jodhpur to appear on the next date of hearing.
7. A copy of this order be sent to the respective officers through email forthwith.
List this matter on 22 of July, 2019.