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2024 Supreme(Online)(NGT) 914
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
Prabhat Mohan Pandey – Appellant
Versus
Union of India – Respondent
Original Application No.50/2024(CZ)|Original Application No.66/2024(CZ)
For the Applicant(s): Mr. Rohit Sharma, Adv.
For the Respondent(s): Mr. Prashant M. Harne, Adv., Mr. Mehul Bhardwaj, Adv., Dr. Sapna Aggarwal, Adv., Mr. Yadvendra Yadav, Adv., Ms. Parul Bhadoria, Adv., Mr. Bharat Singh, AAG (Mining Corporation)
Sand mining leases require prior surveys confirming availability, seasonal submergence assessments in EIAs (excluding rainy season), physical verification, and river depth records before environmental clearance and auctioning.
Headnote:(A) Sustainable Sand Mining Management Guidelines, 2016 - Enforcement and Monitoring Guidelines for Sand Mining, 2020 - National Green Tribunal - Sand mining leases - Leases auctioned in districts where sites found largely submerged rendering excavation impossible - District Survey Report showing incorrect availability - No environmental clearance or consent to operate granted - Committee inspection confirmed high submergence (20-100%) in inspected mines - Directions issued for survey of new sites based on sand availability, comprehensive EIA including seasonal submergence details (excluding rainy season), physical verification before TOR issuance, public hearing decision post-verification, and maintenance of river depth records for EC and tendering. (Paras 1-4, 8)
(B) Environmental Clearance - Prior identification and verification mandatory - Mining department to ensure practical feasibility before auction, avoiding undue influence on authorities for clearances where extraction impossible. (Paras 1, 4D, 8)
Facts of the case:
Applications challenged auction of sand mining leases in two districts on grounds of perpetual submergence making mining impossible, incorrect survey reports, and pressure for clearances. Joint committee inspected 16 sites in one district, finding most highly submerged; no EC or consents issued. State defended prior operations and revenue but agreed to committee and authority recommendations.
Findings of Court:
Directions issued to mining department for new surveys, detailed EIAs with submergence data, verification before public hearings, and river depth records. Authorities to decide pending matters per recommendations to balance supply-demand.
Issues: Whether submerged sand mining leases could be validly auctioned and cleared; adequacy of survey reports and EIA processes; need for site-specific feasibility verification before environmental clearances.
Ratio Decidendi: Sand mining leases must be based on actual availability verified by surveys and seasonal assessments excluding monsoons; EIAs require submergence details and physical inspections before TOR and public hearings to ensure viable, sustainable operations. (Paras 4, 8)
Result: Applications disposed of with binding directions to implement committee recommendations.
| Table of Content |
|---|
| 1. sand mining leases submerged, extraction impossible (Para 1 , 2) |
| 2. site inspections confirm majority submergence, no ec/cto (Para 4 , 5 , 6) |
| 3. state defends operational mines with revenue, past ec (Para 7) |
| 4. direct surveys, seasonal eia, tor for viable sand mining (Para 8 , 9) |
| 5. applications disposed with compliance directives (Para 10) |
ORDER
1. Issue raised in this application is sand mining leases in the District Dewas, (M.P.), which were auctioned by MP State Mining Corporation in terms of Madhya Pradesh Sand (Mining) Transportation, Storage, Trading, Rules 2019 in the month of June, 2023. The contention of the applicant is that theses 28 Sand Mining Leases which were auctioned for the District of Dewas are submerged in water throughout the year therefore making it practically impossible to excavate sand from any of these 28 Mining Leases. The District administration has wrongly identified and allocated theses Sand Mines and the District Survey Report prepared for the District of Dewas also shows incorrect factual position of availability of sand in these 28 Sand Mining leases. State Mining Corporation being the custodian of these leases is creating undue influence on the State Functionaries such as MPSEIAA to grant Environment Clearance to theses leases, wherein legal procurement and extraction of sand is not possible.
2. In the second matter, Original Application No. 66/2024, the mining and excavation District - Harda was raised and on the similar ground with the allegation that the mining in the area where the DSR has not been prepared or no identification of location has been done mining is practically impossible.
3. The matter was taken up by this Tribunal and with the concurrence of the learned counsel for the parties both the matters are taken together.
4. A committee consisting representative of the Collector and State Pollution Control Board was constituted with direction to submit the factual and action taken report. In light of above, the committee visited the site and submitted the report as follows:-
A. “Factual Observations of Sand Mines: -Joint Committee inspected 16 sand mines of Harda district from 21.06.2024 to 22.06.2024. The inspection report of each sand mining is as follows :- 1. Sand Mine- Mohanpura
| Title of details | Description |
| State | M.P. |
| Name of River | Narmada |
| Village | Manoharpura |
| Tehsil | Handiya |
| District | Harda |
| Survey Number | 1/1 | |
| Lease Area (Hectare) | 10.000 Hec. | |
| GPS co-ordinates | Latitude | Longitude |
| A 22(cid:176)29939.65=N B 22(cid:176)29948.82=N C 22(cid:176)29945.33=N D 22(cid:176)29935.16=N | 77(cid:176)02926.63=E 77(cid:176)02952.17=E 77(cid:176)02953.53=E 77(cid:176)02927.94=E | |
| Contractor | The Madhya Pradesh State Mining Corporation Limited | |
| Address | Paryawas Bhawan Block 89A= Second Floor Jail Road Arera Hils Bhopal | |
| Sanctioned Mining Method as per approved Mining Plan | Open Cast Manual | |
| Mining Plan Approved on | 22/06/202 3 | |
| Sanctioned Production Capacity (M3/year) | 60000 | |
| MPSEIAA to grant EC | EC not Granted in light of OA 66/2024 & 50/2024. Case Sent to SEAC for re-examine. | |
| Old EC transferred MPSEIAA on | by No | |
| New EC transferred MPSEIAA on | by No | |
| Consent Granted MPPCB and validity | by No | |
| Consent issued for storage by MPPCB and Validity | No | |
| of Observation Committee | Approximately 80% Submerged in the River | |
| of Date of Visit Committee | 21st June 2024 |
2. Sand Mine- Khedineema- A
| Title of details | Description | |
| State | M.P. | |
| Name of River | Narmada | |
| Village | Khedineema-A | |
| Tehsil | Handiya | |
| District | Harda | |
| Survey Number | 1 | |
| Lease Area (Hectare) | 13.000 Hec. | |
| GPS co-ordinates | Latitude | Longitude |
| A 22(cid:176)29939.40=N B 22(cid:176)29940.35=N C 22(cid:176)29933.21=N D 22(cid:176)29932.26=N | 77(cid:176)01943.80=E 77(cid:176)02904.01=E 77(cid:176)02906.92=E 77(cid:176)01944.88=E | |
| Contractor | The Madhya Pradesh State Mining Corporation Limited | |
| Address | Paryawas Bhawan Block 89A= Second Floor Jail Road Arera |
| Hils Bhopal | |
| Sanctioned Mining Method as per approved Mining Plan | Open Cast Manual |
| Mining Plan Approved on | 22/06/2023 |
| Sanctioned Production Capacity (M3/year) | 39000 |
| MPSEIAA to grant EC | ToR transfer Granted By SEIA |
