Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 1512

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.

DSR preparation and SEIAA approval mandatory before sand mining auctions; Tribunal lacks jurisdiction over contractual e-auction disputes; strict compliance with SSMG-2016/EMGSM-2020 required for environmental safeguards.

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 of DSR mandatory prior to auction/e-auction of minor mineral bajri plots - DSRs for relevant districts approved by SEIAA subject to compliance with court directions and guidelines - E-auction notices issued post-DSR approval and sub-divisional committee recommendations - Plots delineated in potential deposition areas with cluster formation for environmental clearance categorization - No violation found where DSR placed in public domain, public consultation held, and sites inspected by multi-departmental committees avoiding forests, habitations, and infrastructure. (Paras 4, 5, 33-39)

(B) National Green Tribunal Act, 2010 - Jurisdiction - Contractual disputes over e-auction participation, bid forfeiture, debarring/blacklisting of bidders not maintainable - Such matters fall outside Schedule I; aggrieved parties must approach appropriate civil forums - Environmental issues alone cognizable; re-agitation of issues decided by High Court/Supreme Court impermissible. (Paras 54-60)

(C) Mines and Minerals (Development and Regulation) Act, 1957 - Rajasthan Minor Mineral Concession Rules, 2017 - E-auction process - Bidders deemed to have accepted terms by submitting bids; post-bid objections to frustrate process rejected - State policy for plot delineation up to 100 ha to ensure availability at reasonable rates and prevent monopoly upheld. (Paras 46-48)

Facts of the case:
Applicant challenged e-auction of 46 bajri plots in two districts alleging DSR deficiencies, absence of proposed leases/public consultation, cluster violations, and non-compliance with SSMG-2016/EMGSM-2020. Intervenors, prior auction participants debarred for non-deposit of installments, sought relief against forfeiture/blacklisting. Respondents defended DSR approval, procedural compliance, and prior High Court dismissal of similar challenges.

Findings of Court:
DSR preparation/approval valid; e-auctions compliant with guidelines; intervenor applications dismissed as contractual, not environmental; directions issued for ongoing monitoring, replenishment studies, and enforcement mechanisms.

Issues: Validity of DSR sans proposed leases/public hearing; cluster formation/distances in auctions; jurisdiction over bid disputes; compliance with SSMG-2016/EMGSM-2020.

Ratio Decidendi: DSR must precede auctions with public consultation and SEIAA approval; auctions permissible post-DSR if plots in approved potential areas, recommended by committees, and clustered per guidelines; Tribunal confines to environmental violations, not contractual remedies; prior judicial determinations binding.

Result: Original Application and I.As. disposed; State directed to enforce SSMG-2016/EMGSM-2020 monitoring; no interference with auctions.

Table of Content
1. procedural hearing and filings overview (Para 1 , 2)
2. applicant's challenge to e-auctions violating emgsm-2020 (Para 3 , 4 , 5)
3. intervenors' participation and post-auction objections (Para 6 , 7 , 8)
4. high court dismissal of similar challenges to dsrs (Para 9 , 10 , 11 , 12)
5. supreme court orders on sand mining regulation (Para 13 , 14 , 15)
6. desilting permissions and pending litigation (Para 16 , 17 , 18)
7. applicant's environmental protection arguments (Para 19 , 20 , 21 , 22)
8. dsr preparation and ec procedural requirements (Para 23 , 24 , 25 , 26)
9. monitoring mechanisms and illegal mining impacts (Para 27 , 28 , 29 , 30)
10. supreme court directives on dsr and replenishment (Para 31 , 32 , 33)
11. state compliance with dsr approval and sop (Para 34 , 35 , 36 , 37 , 38 , 39)
12. intervenors' locus and blacklisting for non-compliance (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49)
13. dismissal of intervenors' i.as as contractual (Para 50 , 51 , 52 , 53 , 54 , 55)
14. directions enforcing ssmg/emgsm compliance (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 Kuma

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2024 Supreme(Online)(NGT) 1512

DSR preparation and SEIAA approval mandatory before sand mining auctions; Tribunal lacks jurisdiction over contractual e-auction disputes; strict compliance with SSMG-2016/EMGSM-2020 required for environmental safeguards.

Cases Referred (3)