JUDGMENT 1. - We have heard the petitioner appearing in person. 2. Mr. Rajiv and Mr. Ravikant have appearing on behalf of M/s. Jai Ganesh Stone Crasher and Mr. Mahesh Chand, a Partner of the Firm, holding mining lease has also appeared. 3. Mr.K.C. Goyal, Mining Engineer (Writ), OIC, appears on behalf of respondent - Mining Department, Mr. Anoop K.R., Dy. Conservator of Forest, appears on behalf of respondent - Forest Department, and Mr. Niraj Mathur, OIC, appears on behalf of respondent - Pollution Control Board Department. 4. In compliance of the earlier order passed by this Court, a reply has been filed by the respondent - Forest Department. Mr. Anoop K.R., Deputy Conservator of Forest Department supported by his affidavit. 5. In this writ petition filed in public interest, a complaint has been made against the private respondents for illegal mining and for running stone crusher units without obtaining No Objection Certificate from the Pollution Control Board. 6. In the reply to the writ petition filed by the Forest Department, it is stated in paragraph number 2 to 5 as follows:- "2. That the present writ petition has been filed by the petitioner inter alia with the prayer that the illegal mining and blasting on the hill falling in village Bhagori and Jharkhoh Tehsil Bayana District Bharatpur be prohibited and direction for seizure of stone crushing units of M/s. Jai Ambey Stone Industries, M/s. Jai Ganesh Stone Crusher, M/s. Shri Krishna Stone Crusher and M/s. Shiv Stone Crusher. It is submitted that the entire aforesaid hilly area comes under the Samraya Forest Division. The said forest area is protected forest area as prescribed by the Forest Department, Government of Rajasthan which is also notified in the Gazette Notification dated 20.4.1997. The total area of the said forest land is 1278.94 Hactare and out of the same 305.68 Acre and 34.48 Acre falls in the village Bhagori and Jharkhoh respectively. 3. That in the said foothills villagers every now and then illegal carry stones from the hills and time to time action has been taken against the villagers. Even in the year 2012 due to illegal mining being found on inspection one FIR bearing No.264/2012 dated 17.5.2012 for the offences under Section ..... was registered at Police Station ...... Thereafter no such illegal mining activity is found in the aforesaid foothill area. Even in the year 2012 due to illegal mining being found on inspection one FIR bearing No.264/2012 dated 17.5.2012 for the offences under Section ..... was registered at Police Station ...... Thereafter no such illegal mining activity is found in the aforesaid foothill area. As of today also random inspection operations are being carried out and no illegal mining activity is found. The stone crushing units have not been installed after taking sanction from the forest department. Upon receiving the complaints pertaining to illegal mining following action has been taken with the help of the local staff:- S.No. FIR No. Date Ravanna No. Penalty Amount 1 27/30 26/5/2012 100/20 31,000/- 2 27/24 01/02/12 100/12 31,000/- 3 27/21 25/1/2012 100/9 31,000/- 4 264/12 17/5/2012 - Police Report under Section 147, 353, 379 IPC and Section 33, 41 and 42 of Forest Act has been filed. 4. That it is not in dispute that two stone crusher units are situated in the vicinity of the forest land and two stone crusher units are situated around 500 meters away from the forest land. It is denied that all the stone crusher units bring stones from the forest for their mining activity. All the stone crushing units have their own mining leases. However, in case any illegal mining activities found, corrective and preventive measures have been taken by the answering respondent with the help of local staff. 5. That it is pertinent to mention here that mining is continuous process and therefore it cannot be said that once illegal mining is stopped than the same is stopped permanently. Therefore time and again inspection of illegal mining is carried out and in case the same is found appropriate measures to mitigate the same are being adopted by the answering respondents." 7. It is specifically admitted by the Forest Department in its reply that the area of the mining lease is beyond the outer limit of the notified forest area. 8. So far as permission from the Pollution Control Board is concerned, we are informed that on inspection, no stone crushing unit was found operating, in the area. The persons representing M/s. Jai Ganesh Stone Crusher, have informed the Court that their Unit has been stopped and at present, no crushing activities is undertaken in the Unit. They have applied for a No Objection Certificate from the Pollution Control Board, which is still awaited. 9. The persons representing M/s. Jai Ganesh Stone Crusher, have informed the Court that their Unit has been stopped and at present, no crushing activities is undertaken in the Unit. They have applied for a No Objection Certificate from the Pollution Control Board, which is still awaited. 9. In view of the statement made in the reply filed by the Forest Department, we do not find that the complaint made by the petitioner is justified. The area of operation of the mining lease is not within the outer limit of the notified forest area, and that no stone crushing unit was found situated in the vicinity of the forest area. It is submitted by the persons representing M/s. Jai Ganesh Stone Crusher that the writ petition has been filed with mala fide intentions. There are criminal cases pending between the private parties. The petitioner wants to harass them and thus, heavy cost may be imposed upon him. 10. We find that though the area of mining lease is not within the limit of the notified forest area, the fact as to whether any stone crushing unit is operating in the area without No Objection Certificate from the Pollution Control Board, is not beyond doubt. 11. In the aforesaid circumstances, the writ petition is disposed of with a direction that the Pollution Control Board will continue to monitor the operation of the stone crusher units and if they are found to be polluting the area, they will take immediate steps to stop them. 12. We may also observe here that in order to avoid deforestation and to avoid the stone crushers to be fed by stone obtained by illegal mining in the notified forest area, there should be a minimum distance from forest area within which the mining activities should not be permitted. The Forest Department will consider the matter and issue appropriate direction, notifying the distance from the outer limit of the forest area within which stone crusher units should not be allowed to operate.Petition Disposed of. *******