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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BALJINDER SINGH SANDHU, SANJEEV PRAKASH SHARMA
Brijmohan Sapoot Kala Sanskriti Sewa Sansthan – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. environmental issues and sand mining regulations (Para 1 , 2 , 3 , 4) |
| 2. recommendations from cec report on sand mining (Para 5 , 6) |
| 3. response from state and arguments regarding compliance (Para 7 , 8 , 10) |
| 4. legal and procedural arguments presented by the petitioner (Para 11 , 12) |
| 5. court’s observations on the environmental impact of mining (Para 16 , 17) |
| 6. findings on compliance with supreme court directives (Para 18 , 19 , 20 , 21 , 22) |
| 7. court's decision to quash mining leases and process (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 8. final orders and procedural requirements post-judgment (Para 29 , 30) |
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
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....
Replenishment study mandatory prior to granting EC for river bed sand mining to ensure sustainability; EC without it invalid, though no interference if study completed subsequently under judicial pro....
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....
Damage caused to lakes, riverbeds and groundwater on account of quarry/ mining leases – Compensation / penalty to be paid by those indulging in illegal sand mining cannot be restricted to value of il....
DSR approval with public consultation mandatory before sand mining auctions; compliant e-auctions upheld if plots from approved DSR via committees; Tribunal bars contractual claims like bid forfeitur....
E-auction of sand mining leases requires prior approved DSR with proposed leases post public consultation per SSMG-2016/EMGSM-2020; NGT jurisdiction excludes contractual auction disputes.
E-auctions of sand mining plots valid post-approved DSR compliant with SSMG-2016/EMGSM-2020; contractual bidder disputes not cognizable by NGT; strict monitoring mandated for sustainable mining.
DSR preparation and SEIAA approval mandatory before sand mining auctions; Tribunal lacks jurisdiction over contractual e-auction disputes; strict compliance with SSMG-2016/EMGSM-2020 required for env....
DSR for sand mining need not list specific plots pre-auction if identifying potential areas, approved post-consultation; e-auctions valid upon sub-committee delineation compliant with guidelines, sub....
E-auctions for sand mining valid post-approved DSR compliant with 2016/2020 guidelines; High Court-upheld processes not re-agitable; enforce monitoring, replenishment sans contractual interference.
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