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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
State of Uttar Pradesh – Appellant
Versus
Gaurav Kumar – Respondent
| Table of Content |
|---|
| 1. background of legal challenge to e-auction notice (Para 2 , 3) |
| 2. environmental impact of sand mining activities (Para 4) |
| 3. legal framework governing sand mining and environmental protection (Para 5 , 6 , 7 , 11 , 19) |
| 4. final conclusions on requirement of dsr for environmental clearance (Para 20 , 21 , 22) |
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
| Table of Contents | |
| 1. | Affirmation |
| 2. | Facts |
| 3. | Proceedings Before The NGT, Leading To Civil Appeals & Submissions |
| 4. | Sandmining And Its Impact On Environment |
| 5. | Legal Framework |
| 6. | Environment Protection Act, 1986 |
| 7. | EIA Notifications |
| 8. | EIA Notification, 1994 |
| 9. | EIA Notification, 2006 |
| 10. | Deepak Kumar vs. State of Haryana |
| 11. | EIA Notification 2016 |
| 12. | Establishment Of District Level Environment Impact Assessment Authority (DEIAA) & District Expert Appraisal Committee (DEAC) Under Para 3A |
| 13. | New Category Called Category B2 For Sandmining In Districts Was Introduced Through Para 4(iv) |
| 14. | Preparation Of District Survey Report Introduced Through Para 7(iii) |
| 15. | |
A valid District Survey Report is mandatory for environmental clearance in sand mining, and a draft DSR cannot serve as a basis for mining operations.
Valid SEIAA-approved DSR mandatory precondition for sand mining auctions, EC grants; State cannot amend without statutory appraisal/approval; invalid DSR voids leases/EC; operations illegal, compensa....
Though developmental activities are not stalled, environmental issues are also required to be addressed – A balanced approach of sustainable development ensuring environmental safeguards, needs to be....
E-auction and mining lease for minor minerals invalid without SEIAA-approved DSR and replenishment study.
E-auction and mining lease invalid without SEIAA-approved DSR and replenishment study; DEIAA DSRs require reappraisal.
The court ruled that mining leases must comply with environmental guidelines, including the preparation of District Survey Reports and replenishment studies, to ensure sustainable mining practices.
Auction for mining leases requires an approved District Survey Report under environmental law; absence renders notice illegal.
E-auctions for river sand mining leases were quashed as they violated the Supreme Court's directive requiring replenishment and block mining regulations, highlighting the necessity for adherence to s....
Illegal sand mining requires environmental compensation per NGT scales, enforcement of consents, and strict regulatory compliance for minor minerals.
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