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2024 Supreme(Online)(NGT) 2284
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
Prabhat Mohan Pandey – Appellant
Versus
Union of India – Respondent
Original Application No.50/2024(CZ)|Original Application No.66/2024(CZ)
For the Applicant(s): Mr. Rohit Sharma, Adv.
For the Respondent(s): Mr. Prashant M. Harne, Adv., Mr. Mehul Bhardwaj, Adv., Dr. Sapna Aggarwal, Adv., Mr. Yadvendra Yadav, Adv., Ms. Parul Bhadoria, Adv., Mr. Bharat Singh, AAG (Mining Corporation)
Sand mining leases on largely submerged sites invalid without seasonal submergence verification in EIA; new sites must be surveyed for viability, with detailed river depth records before auctioning or environmental clearance.
Headnote:(A) Sustainable Sand Mining Management Guidelines, 2016 & Enforcement and Monitoring Guidelines for Sand Mining, 2020 - Sand mining leases auctioned in districts where sites are largely submerged, rendering excavation impossible - District Survey Reports show incorrect facts - Joint committee inspection reveals most sites 60-100% submerged, no environmental clearances or consents issued - State defends prior operations and revenue, but parties agree to committee recommendations - Directions issued for survey of new viable sites, comprehensive EIA including seasonal submergence data (excluding rainy season), physical verification before TOR and public hearing, and river depth records. (Paras 1-4, 8)
(B) Environmental clearance process - EIA reports must include water/air quality data for all seasons and individual submergence details per site/season - Mining department to verify submergence and river depth before tendering or EC process - Pending EC applications to be decided per guidelines to balance supply-demand. (Paras 4D, 8)
Facts of the case:
Applications challenge sand mining leases in two districts auctioned under state rules, alleging perpetual submergence making extraction impossible, faulty survey reports, and undue pressure for clearances. Tribunal constituted joint committee (Collector, Pollution Control Board) which inspected 16 sites, finding high submergence levels, no EC/CTO issued; state claims seasonal viability, past operations, revenue generation, and enforcement against illegal mining.
Findings of Court:
Committee recommendations accepted; mining department directed to identify new sand ghats per availability, prepare detailed EIAs, conduct verifications, maintain records; MPSEIAA to process pending matters accordingly; applications disposed.
Issues: Whether submerged sand leases are viable for auction/clearance; adequacy of survey reports and EIA processes; compliance with sustainable mining guidelines.
Ratio Decidendi: Submerged sites unsuitable for sand mining without seasonal verification; EIA must detail submergence/river depths; authorities to ensure only viable sites auctioned post-survey, balancing environment, regulation, and supply needs.
Result: Applications disposed with binding directions per para 8.
| Table of Content |
|---|
| 1. submerged sand mining leases challenge feasibility (Para 1 , 2) |
| 2. site inspections confirm high submergence levels (Para 4 , 5 , 6) |
| 3. state defends operational history and revenue (Para 7) |
| 4. directs surveys, eia, and submergence assessments (Para 8 , 9) |
| 5. applications disposed with compliance directives (Para 10) |
ORDER
1. Issue raised in this application is sand mining leases in the District Dewas, (M.P.), which were auctioned by MP State Mining Corporation in terms of Madhya Pradesh Sand (Mining) Transportation, Storage, Trading, Rules 2019 in the month of June, 2023. The contention of the applicant is that theses 28 Sand Mining Leases which were auctioned for the District of Dewas are submerged in water throughout the year therefore making it practically impossible to excavate sand from any of these 28 Mining Leases. The District administration has wrongly identified and allocated theses Sand Mines and the District Survey Report prepared for the District of Dewas also shows incorrect factual position of availability of sand in these 28 Sand Mining leases. State Mining Corporation being the custodian of these leases is creating undue influence on the State Functionaries such as MPSEIAA to grant Environment Clearance to theses leases, wherein legal procurement and extraction of sand is not possible.
2. In the second matter, Original Application No. 66/2024, the mining and excavation District - Harda was raised and on the similar ground with the allegation that the mining in the area where the DSR has not been prepared or no identification of location has been done mining is practically impossible.
3. The matter was taken up by this Tribunal and with the concurrence of the learned counsel for the parties both the matters are taken together.
4. A committee consisting representative of the Collector and State Pollution Control Board was constituted with direction to submit the factual and action taken report. In light of above, the committee visited the site and submitted the report as follows:-
A. “Factual Observations of Sand Mines: -
Joint Committee inspected 16 sand mines of Harda district from 21.06.2024 to 22.06.2024. The inspection report of each sand mining is as follows :- 1. Sand Mine- Mohanpura
| Title of details | Description |
| State | M.P. |
| Name of River | Narmada |
| Village | Manoharpura |
| Tehsil | Handiya |
| District | Harda |
| Survey Number | 1/1 | |
| Lease Area (Hectare) | 10.000 Hec. | |
| GPS co-ordinates | Latitude | Longitude |
| A 22(cid:176)29939.65=N B 22(cid:176)29948.82=N C 22(cid:176)29945.33=N D 22(cid:176)29935.16=N | 77(cid:176)02926.63=E 77(cid:176)02952.17=E 77(cid:176)02953.53=E 77(cid:176)02927.94=E | |
| Contractor | The Madhya Pradesh State Mining Corporation Limited | |
| Address | Paryawas Bhawan Block 89A= Second Floor Jail Road Arera Hils Bhopal | |
| Sanctioned Mining Method as per approved Mining Plan | Open Cast Manual | |
| Mining Plan Approved on | 22/06/202 3 | |
| Sanctioned Production Capacity (M3/year) | 60000 | |
| MPSEIAA to grant EC | EC not Granted in light of OA 66/2024 & 50/2024. Case Sent to SEAC for re-examine. | |
| Old EC transferred MPSEIAA on | by No | |
| New EC transferred MPSEIAA on | by No | |
| Consent Granted MPPCB and validity | by No | |
| Consent issued for storage by MPPCB and Validity | No | |
| of Observation Committee | Approximately 80% Submerged in the River | |
| of Date of Visit Committee | 21st June 2024 |
2. Sand Mine- Khedineema- A
| Title of details | Description | |
| State | M.P. | |
| Name of River | Narmada | |
| Village | Khedineema-A | |
| Tehsil | Handiya | |
| District | Harda | |
| Survey Number | 1 | |
| Lease Area (Hectare) | 13.000 Hec. | |
| GPS co-ordinates | Latitude | Longitude |
| A 22(cid:176)29939.40=N B 22(cid:176)29940.35=N C 22(cid:176)29933.21=N D 22(cid:176)29932.26=N | 77(cid:176)01943.80=E 77(cid:176)02904.01=E 77(cid:176)02906.92=E 77(cid:176)01944.88=E | |
| Contractor | The Madhya Pradesh State Mining Corporation Limited | |
| Address | Paryawas Bhawan Block 89A= Second Floor Jail Road Arera |
| Hils Bhopal | |
| Sanctioned Mining Method as per approved Mining Plan | Open Cast Manual |
| Mining Plan Approved on | 22/06/2023 |
| Sanctioned Production Capacity (M3/year) | 39000 |
| MPSEIAA to grant EC | ToR transfer Granted By SEIAA. Not applied in Parive |
