Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 4395

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 mandatory pre-e-auction for sand mining; must follow 2016/2020 guidelines with public consultation; e-auctions upheld if SEIAA-approved; NGT excludes contractual disputes.

Headnote:(A) Environment (Protection) Act, 1986 - Sustainable Sand Mining Management Guidelines, 2016 and Enforcement & Monitoring Guidelines for Sand Mining, 2020 - District Survey Report (DSR) - Preparation and approval of DSR mandatory before e-auction of minor mineral bajri plots - DSRs approved by SEIAA subject to compliance with court directions and guidelines - Plots delineated post-DSR approval by sub-divisional committees after site visits - Public consultation required, but e-auction process upheld where High Court confirmed DSR validity after rejecting stay applications - Violation alleged in clustering plots without 500m gaps and absence of proposed leases in DSR, but no illegality found as per prior judicial scrutiny (Paras 4, 5, 59).

(B) National Green Tribunal Act, 2010 - Jurisdiction - Contractual disputes over e-auction participation, bid forfeiture, blacklisting not maintainable - Environmental issues only cognizable; matters re-agitated from High Court/Supreme Court proceedings dismissed (Paras 54, 60).

(C) Minor Mineral Concession Rules - E-auction - Compliant with Supreme Court directions on replenishment studies, environmental clearance post-auction - Desilting/dredging governed by separate pending proceedings (Paras 14, 58).

Facts of the case:
Applicant challenged e-auction of 46 bajri plots in two districts, alleging DSR deficiencies, non-compliance with guidelines, cluster violations, absence of public hearing/proposed leases. Intervenors, prior bidders debarred for non-deposit, sought relief against forfeiture/blacklisting. Respondents defended DSR approval, sub-divisional recommendations, High Court validation.

Findings of Court:
DSR duly prepared, publicized, approved; e-auctions follow guidelines; prior High Court orders binding; enforce monitoring mechanisms, periodic inspections by SEIAA-led committee.

Issues: Validity of DSR and e-auction process; compliance with sand mining guidelines; jurisdiction over contractual claims; desilting impacts.

Ratio Decidendi: DSR preparation/appraisal must strictly follow 2016/2020 guidelines; e-auction permissible post-approved DSR with sub-divisional vetting; NGT defers to superior courts on re-litigated issues; states directed to implement replenishment studies, EC limits, compensation recovery.

Result: Original Application and I.As. disposed; no interference with e-auctions; compliance with guidelines mandated.

Table of Content
1. procedural hearing and filings noted. (Para 1 , 2)
2. e-auctions violate dsr and emgsm cluster rules. (Para 3 , 4 , 5)
3. intervenors claim misrepresentation in auctions. (Para 6 , 7 , 8)
4. high court upheld dsr validity and auctions. (Para 9 , 10 , 11 , 12)
5. supreme court directs cec compliance for mining. (Para 13 , 14 , 15 , 16 , 17)
6. seac/seiaa approved dsrs with conditions. (Para 18 , 19 , 20 , 21 , 22)
7. inspections confirm auction plot compliance. (Para 23 , 24 , 25 , 26)
8. emgsm mandates dsr before auctions. (Para 27 , 28 , 29 , 30)
9. supreme court affirms balanced sand mining. (Para 31 , 32)
10. dsr approved; plots delineated per sop. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39)
11. intervenors lack locus post-auction participation. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49)
12. i.as. dismissed as contractual matters. (Para 50 , 51 , 52 , 53 , 54 , 55)
13. 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:

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 & Ors. (2022) 2SCC 348.

6. The main contention of the intervenors are that they participated in the proceedings of e-auction and after that, they have deposited a certain amount as earnest money under requisite fee and then participated

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2024 Supreme(Online)(NGT) 4395

DSR mandatory pre-e-auction for sand mining; must follow 2016/2020 guidelines with public consultation; e-auctions upheld if SEIAA-approved; NGT excludes contractual disputes.

Cases Referred (3)