JUDGMENT

1. This Original Application has been moved under Section 14, 15 read with Section 18 of the National Green Tribunal Act, 2010, seeking quashing of tendering notice dated 04.02.2022 in the District Nagpur issued by Respondent No. 2/District Collector, Nagpur on the ground that the quantity mentioned for excavation of sands has no scientific basis, as there is no replenishment study conducted with respect to 8 mines out of 10, invited for auction. The sand mining activities are being carried out on the strength of faulty DSR, 2021 for Nagpur District for sand mining, which has been prepared in violation of the Central Guidelines of 2016 & 2020.

2. It is further prayed that inspection should be carried out by a national agency for studying replenishment pattern and quantity available, without disturbing ecological balance in the District Nagpur and the Respondent Nos. 1 to 3 be instructed to ensure that no sand excavation takes place in the District Nagpur unless the DSR and replenishment study are conducted of the area in accordance with law.

3. In the body of the application, it is submitted that vide tender dated 04.02.2022, auction of 10 sand mines of the District is done, out of which only 2 sand mines have the replenishment study regarding quantification available sand thickness and excavatable sand thickness of the respective sand Ghats. The proposal of auction has no details or record for the District Survey Report of Nagpur prepared in the year 2021 and at page 42-43 of the report, it enlists the mines where replenishment study was not complete. Therefore, it is impossible to ascertain excavatable amount of sand, pricing of the tender and other details mentioned in the tender. All these appear to be based on speculation which might be harmful to the environment. Reference is made of the law laid down in the case of Deepak Kumar vs. State of Haryana, (2012) 4 SCC 629 and the Judgment of this Tribunal in Prabhat Mohan Pandey vs. MP, SEIAA, in Appeal Nos. 25- 27, 29-65, 67-72 of 2021 (CZ) dated 22.02.2022 which provide that in absence of proper study for annual replenishment of sand for any sand mines, any mining operation is not only dangerous for the river bed eco-system but also to the environment.

4. He has also submitted that as per the earlier sand policy of the State of Maharashtra as given under Maharashtra Minor Mineral Extraction (Development and Regulation) Rule, 2013 (to be referred in short as Rule, 2013), a provision was made for survey of the area for the purpose of ascertaining the environmental impact and it was stipulated that unless the clearance was obtained from the Ministry of Environment, sand could not be excavated and that the Officer who had submitted the proposal before the environmental authority, would be treated to be the Project Proponent, in whose name the environmental clearance was to be issued. As per the new policy dated 28.01.2022, the impugned auction process would be conducted without such clearance and burden has been placed on the shoulder of successful bidder to apply for the clearance. This new policy is also in conflict with the Sand Mining Guidelines, 2016 because the studies ought to have been conducted prior to initiation of auction process or issuing tender in this regard so that clear amount of excavatable sand can be incorporated in tender having least impact on environment. Because of this policy not being adopted, enormous degradation of the environment has happened in the river stretch of River Kanhan, Pench and Kolar of Nagpur District. The tendering of sand mines without annual replenishment study as clearly reflected in the DSR will have enormous detrimental effect on the river ecology and environment.

Hence the above prayers are made.

5. After hearing this matter on 12.04.2022, this Tribunal had constituted a joint committee which has submitted its report which was found to be defective on account of SEIAA not having participated in it.

6. Thereafter, vide order da