Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 1672

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 the 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-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.

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 and approval mandatory prior to e-auction of minor mineral bajri plots - DSRs approved by SEIAA with condition of compliance with court directions and guidelines before auction - E-auction of 46 plots in two districts without proposed leases or clusters in DSR and without 500m gap violates guidelines and Supreme Court order on cluster mining - Public consultation and final list of mining areas post public hearing required in DSR - High Court upheld DSR validity and rejected stay, but NGT directs strict adherence to guidelines. (Paras 4, 5, 33, 59)

(B) National Green Tribunal Act, 2010 - Jurisdiction - Contractual disputes on e-auction participation, bid forfeiture, blacklisting not maintainable - Environmental compliance issues only cognizable - Intervenors lacking locus after participating in auction deemed to accept terms - Matters res judicata if decided by High Court/Supreme Court. (Paras 54, 60)

(C) Mines and Minerals (Development and Regulation) Act, 1957 - Auction of natural resources - Must follow approved DSR, replenishment study; EC only to sustainable limits - Monitoring via District Level Task Force, IT-enabled tracking, environmental audits essential - Desilting/dredging governed by separate Supreme Court orders. (Paras 56, 58)

Facts of the case:
Applicant challenged e-auction notices for 46 bajri plots in two districts alleging DSRs lacked proposed leases/clusters, violated 500m gap and public consultation under SSMG-2016/EMGSM-2020. Respondents defended DSR approval by SEIAA, sub-divisional committee recommendations, High Court upholding process. Intervenors, successful bidders who defaulted on payments, sought refund/debarment relief.

Findings of Court:
DSR approved but e-auction must strictly comply with guidelines; High Court orders binding on DSR validity; contractual I.As. dismissed; State directed to enforce monitoring mechanisms.

Issues: Validity of DSR preparation/approval; compliance with sand mining guidelines pre-auction; jurisdiction over auction disputes; cluster formation and 500m spacing.

Ratio Decidendi: E-auctions permissible only post approved DSR with proposed leases post public hearing; guidelines mandatory for environmental safeguards; NGT jurisdiction limited to environmental aspects, not contracts; prior High Court/Supreme Court decisions bar re-agitation.

Result: OA and I.As. disposed directing guideline compliance, monitoring; no interference with e-auction process upheld by High Court.

Table of Content
1. procedural hearing and filings reviewed. (Para 1 , 2)
2. e-auctions violate dsr and emgsm cluster rules. (Para 3 , 4 , 5)
3. intervenors claim misrepresentation in auction process. (Para 6 , 7 , 8)
4. high court upheld dsr validity and auctions. (Para 9 , 10)
5. supreme court cec recommendations on sand mining. (Para 12)
6. state complies with guidelines; desilting insufficient. (Para 13 , 14 , 15 , 16)
7. desilting operations stayed pending supreme court. (Para 17 , 18 , 19 , 20)
8. supreme court mandates on environmental safeguards. (Para 21 , 23 , 24 , 25 , 26)
9. dsr preparation and ec procedures mandatory. (Para 27 , 28 , 29)
10. tribunal and supreme court on dsr prerequisites. (Para 30 , 31 , 32)
11. dsr approved; plots delineated per sop. (Para 33 , 34 , 35 , 36 , 37 , 38)
12. intervenors lack locus; auctions follow rules. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49)
13. ias dismissed; contractual issues not ngt domain. (Para 50 , 51 , 52 , 53 , 54 , 55)
14. enforce ssmg/emgsm; oa disposed per court orders. (Para 56 , 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 &

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2024 Supreme(Online)(NGT) 1672

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.

Cases Referred (3)