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2024 Supreme(Online)(NGT) 2999
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 require seasonal submergence verification, detailed EIA with monitoring data excluding rainy season, physical inspection before ToR and public hearing, and river depth records to ensure viability and sustainability.
Headnote:(A) Environment (Protection) Act, 1986 - Sustainable Sand Mining Management Guidelines, 2016 & Enforcement and Monitoring Guidelines for Sand Mining, 2020 - Sand mining leases auctioned in districts where sites largely submerged in water throughout year, rendering excavation practically impossible - District Survey Reports showing incorrect availability - State mining corporation exerting undue influence for environment clearance - Joint committee inspected sites confirming high submergence (20-100%), no environment clearance or consent to operate granted - Directions issued for survey of new viable sites, comprehensive EIA reports detailing seasonal submergence (excluding rainy season), physical verification before ToR and public hearing, maintenance of river depth records. (Paras 1-4, 8)
(B) National Green Tribunal - Jurisdiction - Consolidated hearing of applications challenging sand mining leases in two districts on similar grounds of submergence and flawed site identification - Committee reports and authority responses considered for balanced supply-demand while ensuring environmental compliance. (Paras 3, 6-7)
Facts of the case:
Applications challenged auction of sand mining leases in specified districts auctioned under state rules, alleging perpetual submergence preventing extraction, incorrect survey reports, and pressure for clearances despite impossibility; committee inspected 16 sites in one district finding majority fully or substantially submerged, no clearances issued; prior leases operational in dry seasons with revenue generation argued by state.
Findings of Court:
Mining department directed to survey and identify new sand sites based on availability; EIA studies mandated to include seasonal submergence details and monitoring data; public hearings conditional on submergence assessment post-verification; river depth records required for tendering and clearances; pending matters to be expedited.
Issues: Whether auctioned sand mining sites are viable given high submergence, adequacy of survey reports and EIA processes, need for revised guidelines compliance before clearances.
Ratio Decidendi: Sand mining leases must be based on actual availability verified through seasonal surveys and detailed EIA excluding rainy season; authorities to physically inspect submergence before proceeding to ToR, public hearing, and clearances to prevent illegal extraction and ensure sustainable practices per guidelines.
Result: Original Applications Nos. 50/2024 and 66/2024 along with I.As disposed of with directions. (Para 10)
| Table of Content |
|---|
| 1. submerged sand mines prevent legal extraction (Para 1 , 2) |
| 2. joint committee finds mines mostly submerged (Para 3 , 4 , 5 , 6) |
| 3. state defends operational history and revenue (Para 7) |
| 4. directs surveys and detailed eia for viability (Para 8) |
| 5. dispose applications with compliance directives (Para 9 , 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 Parivesh for EC |
