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 sustainable environmental practices.

JUDGMENT :

1. The present D.B. Civil Writ Petition (PIL) No.3547/2025 has been filed by the Petitioner Society, registered under the provisions of the Rajasthan Societies Registration Act, 1958, raising the issue of environment by contending that the Hon'ble Supreme Court of India vide Order dated 19.02.2020 passed in SLP (C) No. 10587/2019 titled Bajri Lease LOI Holders Welfare Society Vs. State of Rajasthan and Ors. with Connected Matters directed the Central Empowered Committee (in short ‘CEC’) to go into the issue and submit a Report on the problem relating to Sand Mining in the State of Rajasthan with directions to go into the question of illegal mining and suggest measures for stopping such illegal mining. Pursuant to the aforesaid Order dated 19.02.2020 of Hon'ble Supreme Court of India, the CEC submitted its Report dated 23.12.2020, wherein various recommendations were made by the CEC for consideration of Hon'ble Supreme Court of India, which inter alia include recommendation "D" which pertains to conducting of River Sand Mining in Rajasthan after following the procedure listed in Para-11 (iii) of the CEC Report. The Para-11 (iii) of CEC Report contains Sub Para (f), which provides that no sand shall be collected from any of the annual blocks from where sand has already been mined during any of the 05 years period of lease. The aforesaid recommendation was accepted by the Hon'ble Supreme Court of India vide order dated 11.11.2021 passed in SLP (C) No. 10587/2019 with directions to the State Government for implementation of recommendation forthwith. It is further contended that various e-auctions for River Sand Mining have been carried out by the Respondents, without complying with the aforesaid recommendation inasmuch as despite there being mining during 2022, 2023 and 2024, the blocks have been auctioned at the cost of the environment and in violation of the orders of Hon'ble Supreme Court of India.

2. The following pray has been made by the Petitioner in the present PIL:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to call for the entire record maintained by the respondents in respect of auctions conducted by the Respondents for Minor Mineral Bajri, more particularly in District Ajmer, Tonk, Sawai Madhopur and Bhilwara, And Set aside and quash from the very inception, all the E-Auctions of 93 Mining Leases for Minor Mineral Bajri, which were put for Auctions from March 2024 in respect of District Ajmer, Tonk, Sawai Madhopur and Bhilwara, wherein 34 Bajri Leases pertains to District Tonk, 48 Bajri Leases pertains to District Bhilwara, 02 Mining Leases pertains to District Sawai Madhopur and 09 Bajri Leases pertains to District Ajmer in violation of the orders of Hon'ble Supreme Court of India. Any other order or direction as may be deemed fit and proper in the facts and circumstances of the case may also be passed in for conservation of Rivers and general public interest of State".

3. The facts pleaded by the Petitioner Society in the PIL are summarized as under:

(a) Hon'ble Supreme Court of India passed following order dated 19.02.2020 in SLP (C) No. 10587/2019 titled Bajri Lease LOI Holders Welfare Society Vs. State of Rajasthan & Ors. with other connected matters:

"We find that the issue of sand mining in the State of Rajasthan has become extremely complicated