E-auction and mining lease for minor minerals invalid without SEIAA-approved DSR and replenishment study.

ORDER

1. In this Original Application, applicant has challenged the advertisement dated 22.06.2022 issued by respondent no. 6, District Magistrate Agra for e-auction for six months (short term permit) and the LOI issued in pursuance thereto in favour of respondent no. 7, M/s P.D. Contractor in respect of the area at Gata No. 1 and 2 situated in village Swami Ehatmali, Tehsil Sadar, District Agra admeasuring 6.07 hectares. The plea of the applicant is that the District Survey Report (DSR) for District Agra was prepared in 2017 for five years which has come to an end in 2022 and thereafter, no fresh DSR has been prepared nor any replenishment study has been done. Therefore, the impugned auction notice cannot be sustained in view of the judgment of the Supreme Court in the matter of Deepak Kumar & Ors. vs. State of Haryana & Ors. reported in (2012) Vol 4 SCC 629.

2. The Tribunal by order dated 05.01.2024 had issued notice to the respondents and had directed the Member Secretary, UPPCB to file the report. The MoEF&CC has filed the response mentioning the judgment of the Hon’ble Supreme Court dated 10.11.2021 in Civil Appeal No. 3661- 3662 of 2020 in the matter of State of Bihar & Ors. vs. Pawan Kumar & Ors., emphasizing the importance of DSR and that DSR is required to be prepared before the auction/e-auction/grant of mining lease by the Mining Department.

3. The UPPCB has also filed the report stating that vide letter dated 18.01.2024, UPPCB had requested to the Director, Mining & Geology, State of UP and SEIAA, UP to provide the details about District Survey Report and replenishment study but the information is awaited.

4. The District Magistrate, Agra has filed the report stating that the requisite details were supplied to the UPPCB and that DSR for District Agra for the period 2017-2022 was prepared in terms of the EIA Notification dated 15.01.2016 which was subsequently approved by DEIAA in its meeting held on 16.11.2017 for a period of five years and thereafter, the e- auction notice dated 22.06.2022 was issued and LOI dated 21.07.2022 was awarded in favour of the respondent no. 7. Hence, at the time of issuance of the advertisement and LOI, the DSR for Agra was existing. The reply of the District Magistrate further states that the Environmental Clearance in respect of the above Gata is pending consideration before the SEIAA, UP and has not been granted till now and no mining activity is being carried out on that Gata. It has further been stated that in terms of the direction of the Hon’ble Supreme Court in the order dated 10.11.2021 passed in Civil Appeal No. 3661-3662 of 2020 in the matter of State of Bihar & Ors. vs. Pawan Kumar & Ors., office order dated 22.03.2024 has been issued by the District Magistrate wherein sub-Divisional Committee has been formed for preparation of fresh DSR. A stand has been taken that respondent no. 7 will not be permitted to carry out any mining activity till the time of Environmental Clearance by SEIAA.

5. The Central Government, Ministry of Environment and Forests & Climate Change exercising the powers under Section 3 (5) (i) of the Environment Protection Act, 1986 read with Rule 5 (3) (d) of the Environment Protection Rule, 1986 had issued the Notification dated 14.09.2016 providing for the requirement of prior Environmental Clearance in respect of the project specified in Clause 2 of the Notification read with the project/activities listed in the Schedule to the Notification. Notification further provides for constitution of the State Level Environment Impact Assessment Authority and also provides for the recommendations by SEAC. Detailed procedure has been prescribed therein for gra