Mandatory replenishment study required before sand ghat auction and environmental clearance; fresh study post-depleting overlapping mining essential; royalty and clearance based on actual replenished quantity, not represented amount.

JUDGMENT :

The present writ petition has been filed on behalf of the successful bidder in the auction of Bhojpur Sone 35 Ghat (65 Hectares). The central grievance of the petitioner is that the respondent State while issuing the tender notice had asserted that the aforesaid sand ghat had 11,70,000 CuM of sand available annually for sand mining, however the quantity of sand mineral, as asserted by the respondent-State, was not actually available since, according to the petitioner, after the issuance of the Letter of Intent on 28.10.2022 in favour of the instant petitioner, the respondent - Bihar State Mining Corporation Ltd. (BSMCL) had granted short term permits in favour of third parties resulting in extraction of sand from the areas that overlapped with the settled areas of the petitioner causing depletion in the sand availability. The petitioner is also aggrieved by the action of the respondent-State in not conducting a proper replenishment study in accordance with law and raising demand from the petitioner to pay the full royalty of Rs.19,30,50,000/- per annum towards the full represented quantity even though, according to the petitioner, the asserted quantity of sand does not exist.

2. In this backdrop, the petitioner by way of the present writ petition has prayed for the following reliefs:-

“I. To issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to reduce the total amount of royalty payable by the petitioner, because in the meantime, after the issuance of Letter of Intent dated 28.10.2022 as contained in memo no. 4394 to the petitioner under the signatures of Mineral Development Officer, Bhojpur, large quantity of sand has already been extracted by third party agencies on the basis of grant of short term permits by respondent nos. 3 and 4 herein out of the Sand Ghat area settled with the petitioner, due to overlapping;

II. To issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to conduct a fresh survey to estimate the mineral actually available and charge royalty based on the same;

III. To issue an appropriate Writ(s), Order(s) or Direction(s) setting aside the letter dated 08.09.2023 as contained in memo no.3837 issued under the signatures of the Collector, Bhojpur, Ara;

IV. To pass any other appropriate Writ(s), Order(s) or Direction(s) that this Hon’ble Court may deem fit on the facts and circumstances of the case.”

3. Subsequently, in compliance of the directions of the coordinate Bench of this Court vide order dated 04.02.2025, the petitioner had filed a representation before the Respondent no.2 which came to be decided by the aforesaid respondent authority vide order dated 07.04.2025. Further, during the pendency of this writ petition, the respondent authorities have granted environmental clearance to the petitioner for the entire represented quantity of sand being 11,70,000/- CuM. The petitioner, thereafter, had preferred Interlocutory Applications for amending the prayer portion of the writ petition, which was allowed by the Coordinate Bench of this Court vide order dated 19.08.2025 and following additional prayers were made:-

“V. To issue an appropriate writ(s), order(s) or direction(s) to the responden