Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 1671

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
Dr. Brijmohan Sapoot Kala Sanskriti Sewa Sansthan – Appellant
Versus
State of Rajasthan – Respondent
Original Application No. 194/2024(CZ) | I.A. No. 88/2024 | I.A. No. 89/2024 | I.A. No. 90/2024 | I.A. No. 91/2024 | I.A. No. 92/2024 | I.A. No. 93/2024 | I.A. No. 94/2024 | I.A. No. 95/2024 | I.A. No. 98/2024

Advocates:
For the Applicant(s): Mr. Arvind Nayyar, Sr. Adv., Mr. R.K. Agarwal, Sr. Adv. (with Mr. Aman Jha, Adv.), Mr. Pratap Thakur, Adv., Mr. Rishi Tutu, Adv.
For Respondent(s): Mr. Shashank Shekhar, Sr. Adv. (Mr. Shoeb Hasan Khan, Adv., Mr. Rishabh Kumar, Adv. and Mr. Samresh Katare, Adv.), Mr. Arvind Verma, Sr. Adv., Mr. R.B. Mathur, Sr. Adv. (with Achint Kumar, Adv.), Mr. Om Shankar Shrivastava, Adv., Mr. Sachin K. Verma, Adv. (with Ms. Harshita Tejwani, Adv.), Mr. Rohit Sharma, Adv., Mr. Ravikant Patidar, Adv., Mr. Sandeep Singh Patidar, Adv., Mr. Prateek Singh Baghel, Adv.

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.

Headnote:(A) Environment (Protection) Act, 1986 - Sustainable Sand Mining Management Guidelines, 2016 (SSMG-2016) and Enforcement & Monitoring Guidelines for Sand Mining, 2020 (EMGSM-2020) - District Survey Report (DSR) - Preparation, approval, public consultation, cluster mining, and e-auction of minor mineral bajri plots - DSRs for relevant districts approved by SEIAA subject to compliance with court directions and guidelines before auction - E-auction notices issued after sub-divisional committee recommendations, site visits, and NOCs - No violation found where DSRs include potential mining areas, plots delineated per SOP limiting size to 100 ha, clusters formed for plots within 500m without gaps, and process upheld by higher courts - State directed to ensure replenishment studies, environment management plans, EC limits to sustainable quantities, and monitoring mechanisms including DLTF, IT-enabled tracking, and periodic audits - E-auction permissible only for plots in approved DSRs post-public hearing. (Paras 4, 5, 27-39, 56)

(B) National Green Tribunal Act, 2010 - Jurisdiction - Contractual disputes over e-auction participation, bid forfeiture, debarring/blacklisting of bidders not maintainable as counter-claims in environmental OA; res judicata applies where identical issues decided by High Court/Supreme Court - Intervenors lacking clean hands, having participated post-deeming acceptance of terms, cannot challenge post-bidding on misrepresentation grounds. (Paras 40-55)

Facts of the case:
Applicant challenged e-auction of 46 bajri plots in two districts alleging DSR deficiencies (no proposed leases/clusters, absent public consultation), cluster violations (no 500m gaps), non-compliance with SSMG-2016/EMGSM-2020, Supreme Court orders. Intervenors (prior bidders) sought to halt proceedings, refund bids, quash debarring after non-deposit of installments. Respondents defended DSR approval, process compliance, prior High Court/Supreme Court rulings upholding auctions, desilting permits.

Findings of Court:
DSR preparation/approval valid per guidelines; e-auctions follow SOP, sub-committee visits, public domain placement; no procedural illegality; intervenor I.As. dismissed for lack of jurisdiction/locus; State to enforce monitoring, restrict EC to auctioned sustainable quantities.

Issues: Validity of DSR sans proposed leases/public hearing; cluster formation in auctions; e-auction compliance pre-EC; intervenors' post-bid challenges; desilting as alternative source.

Ratio Decidendi: Sand mining e-auctions valid post-approved DSR per EMGSM-2020/SSMG-2016, sub-committee clearance, public consultation; contractual bidder disputes outside NGT domain if litigated elsewhere; balanced sustainable development mandates strict guideline adherence, monitoring to curb illegal mining.

Result: OA and I.As. disposed; no injunction on auctions; State directed to comply with SSMG-2016/EMGSM-2020 pan-India via SEIAA-led inspections, DLTF, IT tracking; matters sub-judice in higher courts to be governed thereby.

Table of Content
1. procedural hearing and filings overview (Para 1 , 2)
2. applicant's challenge to e-auctions without dsr compliance (Para 3 , 4 , 5)
3. intervenors' participation and post-auction objections (Para 6 , 7 , 8 , 50)
4. high court rejection of similar dsr challenges (Para 9 , 10 , 11 , 12)
5. supreme court directives on sand mining compliance (Para 13 , 14 , 15 , 16 , 17)
6. applicant's environmental protection arguments (Para 18 , 19 , 20 , 21 , 22)
7. dsr preparation and ec prerequisites under emgsm-2020 (Para 23 , 24 , 25 , 26 , 27 , 28)
8. tribunal and supreme court guidelines on dsr/ec (Para 29 , 30 , 31 , 32)
9. respondents' compliance with dsr approval and sop (Para 33 , 34 , 35 , 36 , 37 , 38 , 39)
10. intervenors' locus and blacklisting under rmmcr-2017 (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 51 , 52 , 53 , 54)
11. directions for ssmg-2016 and emgsm-2020 enforcement (Para 55 , 56)
12. application disposed per higher court orders (Para 57 , 58 , 59 , 60 , 61)

ORDER

1. Heard the learned counsels for the parties and perused the record.

2. The respondent has filed the reply and applicant has filed the rejoinder to the reply filed by Respondent no. 1 and Respondent no. 2. I.A. No. 88/2024 to 95/2024 and 98/2024 have been filed by the intervenors and reply to the I.A. has been filed.

3. The contentions of the applicant are that the Respondent No. 2 has issued total number of 09 E-Auction Notices (Annexure-2) for Minor Mineral Bajri putting 114 number of plots for various Districts of Rajasthan, wherein 14 Plots of Tonk District and 32 Plots of Bhilwara District have been put for E-Auction in so far as District Bhilwara and Tonk is concerned. The Tehsil-wise breakup pertaining to Plots for Minor Mineral Bajri put far E- Auction in respect of Bhilwara and Tonk District is furnished as under:

District	Tehsil	Bajri Plots put for auction	Remarks
Tonk	Deoli	07
	Tonk	07
Bhilwara	Sawalpur	09
	Mandalgarh	08
	Hurda Vijay Nagar	07
	Hamirgarh	07
	Baguda	01

4. The Respondent No. 2 has prepared DSR for District Tonk and Bhilwara, which have been approved by the SEIAA (Respondent No. 4) vide letter No. F.1(4)/SEIAA/SEAC/DSR/2023-24 dated 21.09.2023 in respect of District Tonk and vide letter No. F.1(4)/SEIAA/SEAC/DSR/2023-24/2568 dated 29.01.2024 in respect of District Bhilwara. The DSRs have been approved by SEIAA with condition that "Mining Department will ensure compliance of all the directions of the Hon’ble Courts and Guidelines of Sustainable Sand Mining Management Guidelines, 2016 and Enforcement & Monitoring Guidelines for Sand Mining, 2020 (EMGSM-2020) before the Auction/E-Auction/grant of Mining Lease/Letter of Intent". Thus, the DSRs have been approved subject to compliance of aforesaid condition. That both the DSRs are not containing any proposed leases for Auction. Further, both the DSRs are not containing any proposed Cluster Mining Leases or Contiguous Cluster Mining Leases. As per EMGSM, 2020, it is mandatory for incorporation of proposed Mining Leases in the DSRs after public consultation and the final list of Sand Mining Areas proposed for Leases are required to be defined in the final DSR after the public hearing.

5. That the Respondent No. 2 has put on Auction total 46 of Bajri Plots for Auction in respect of District Bhilwara and Tonk and the said Plots have been distributed among various Auctions to mislead that these are separate Plots without forming any Cluster or contiguous cluster. However, if the total Plots for both the Districts put for Auction are analyzed, it would appear that the Respondents have put on Auction cluster of Bay’ Leases in violation of the limit prescribed under EMGSM, 2020. By putting the 46 Bajri (River Sand) Plots for Auction in District Bhilwara and Tonk without having any distance and gap of 500 meters and it is in violation of order of Hon’ble Supreme Court of India passed in State of Bihar & Ors. Vs. Pawan Kumar & Ors. (2022) 2SCC 348.

6. The main contention of the intervenors are that they partici

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2024 Supreme(Online)(NGT) 1671

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.

Cases Referred (3)