Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 4421

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Dr. Arun Kumar Verma, EM
Bibekananda Pattnaik – Appellant
Versus
State of Odisha – Respondent
Original Application No.125/2024/EZ

Advocates:
For the Applicant(s): Mr. Sankar Prasad Pani, Adv., Mr. Ashutosh Padhy, Adv.
For the Respondent(s): Ms. Gayatri Patra, ASC for R-1, 4 & 7, Mr. Dipanjan Ghosh, Adv. for R-2, Mr. Apurba Ghosh, Adv. for R-3

Auction for mining leases requires an approved District Survey Report under environmental law; absence renders notice illegal.

Headnote:(A) Environmental (Protection) Act, 1986 - Sustainable Sand Mining Management Guidelines, 2016 - Enforceability of District Survey Report (DSR) prior to auction notice issuance - Applicant contested auction notice for a mining lease without requisite DSR approval from SEIAA, Odisha, asserting that no ecological considerations were complied with, as mandated by relevant guidelines. Court found no DSR submitted for Mayurbhanj District, thus making the auction notice unsustainable. (Paras 1-18)

(B) Judicial Authority - Court's role in environmental protection - Highlighted importance of adhering to DSR as a legal prerequisite in sand mining operations, reinforcing judicial oversight on environmental compliance. (Paras 8-10)

Facts of the case:
The applicant challenged a mining auction notice, arguing lack of regulatory compliance, particularly the absence of a validated DSR necessary for sustainable mining practices. The application outlined specific procedural failures leading to the notice's illegitimacy.

Findings of Court:
The Tribunal concluded that mining could not proceed in the absence of a valid DSR approved by SEAC and SEIAA, underscoring necessary compliance with environmental regulations.

Issues: The primary issue was the legality of auctioning a mining lease without an approved DSR, which violates established environmental protocols.

Ratio Decidendi: The court ruled that the absence of an approved DSR precludes any auction for mining leases, thereby prioritizing ecological regulations under the Environmental Protection Act and associated guidelines.

Result: Application disposed of with a directive restraining sand mining in the absence of an approved DSR.

Table of Content
1. concerns about mining leases and district survey reports. (Para 1 , 2 , 3 , 4 , 5)
2. reporting requirements for environmental compliance. (Para 6 , 7 , 8 , 9)
3. mandatory dsr approval needed for mining operations. (Para 10 , 11 , 12 , 13 , 14)
4. final ruling on the illegality of upcoming mining without dsr approval. (Para 17 , 18 , 19 , 20)

ORDER

1. This Original Application has been filed by the Applicant alleging that a notice for auction has been issued for a five year long term lease of Budhabalang Sand Bed-1 in Belonapura, Madhunanda, Demphouda of Betonati Tahasil, over an area of 4.98 hectares, MGQ of 5000 CM per annum with having geological reserve of 56809 CM. It is stated that in the notice dated 20.06.2024 the area has been shown as less than 5 hectares and in the interim District Survey Report (‘DSR’ for short) the area is mentioned as 5.01 hectares.

2. It is alleged that there is no revised DSR placed by the District Collector, Mayurbhanj nor is there any kind of approval given by the State Environment Impact Assessment Authority (SEIAA), Odisha, for the said mining of sand.

3. It is stated that the Government of Odisha, Revenue and Disaster Management Department vide letter dated 27.07.2018 directed all the District Collectors to prepare DSRs in the light of the EIA Notification dated 15.01.2016 which lays down the procedure for preparation of District Survey Report.

4. It is further alleged that the interim DSR does not address any of the concerns of ecological impact and sustainable sand mining as elaborated in the Sustainable Sand Mining Guidelines, 2016, and the Enforcement and Monitoring Guidelines for Sand Mining, 2020. It is stated that the interim DSR dated 28.12.2019 was prepared by the then existing District Environment Impact Assessment Authority (DEIAA) which subsequently stood abolished vide judgment of the National Green Tribunal dated 13.09.2018 in the case of Satendra Pandey Vs. MoEF&CC & Ors.

5. It is also stated that the final DSR is a mandatory pre-requisition before granting of any mining lease or issuance of tender and in the absence thereof the auction notice dated 20.06.2024 is not sustainable.

6. The Respondent No.2, Odisha State Pollution Control Board has filed affidavit dated 21.09.2024 bringing on record the Inspection Report of an inspection carried out on 04.12.2020. In this report, it is mentioned that the Lessee of the mine in question is one Sri Jagannath Sahu who was present during the inspection. The lease area of the mine is Ac.12.40dec (05.018 Ha.) Sand quarry over Plot No. 711,1 and 1 of Khata No.160,95 and 200 of Village- Belanpur, Madhunanda and Demphouda, Tahasil- Betnoti, Dist. Mayurbhanj.

(Copy of the Inspection Report reads as under):-

“INSPECTION REPORT ON BUDHABALANGA SAND BED-I, AT-

BELANPUR, MADHUNANDA AND DEMPHOUDA VILLAGE, VIA/TAHASIL-BETNOTI, DIST-MAYURBHANJ.

1 Name of the Mine Budhabalanga Sand Bed-I of Sri inspected Jagannath Sahu, Lessee

2	Location of the Mine	At-Demphouda, PO - Nakhara, Via/ Tahasil-Betnoti, Dist-Mayurbhanj
3	Date of inspection	04.12.2020
4	Name of the person present during inspection.	Sri Jagannath Sahu, Lessee
5	Total lease hold area of the mine and validity of lease	Ac. 12.40 dec (05.018 Ha.) Sand quarry over Plot No.711, 1 and 1 of Khata No.160, 95, 200 of Village-Belanpur, Madhunanda and Demphouda, Tahasil-Betnoti, Dist. Mayurbhanj. Lease period valid for 01 year 6 months and 03 days i.e. from 01.04.2020 to 04.10.2021
6	Production quantity	The mine has proposed to mining 2105 Cum of sand for the financial year 2020- 21 and 2021-22 i.e. for the period from 01.04.2020 to 04.10.2021
7	Consent status	CTO was valid upto 31.03.2020. In the meantime it was extended upto 30.06.2020 due to all India lock down for pandemic COVID-19. The sand quarry has applied for renewal of consent to operate with adequate consent to operate fee of Rs.30000 through online payment system. The deposited CTO fee is adequate up to 31.03.2022.
8	Status of Environmental clearance	Th

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2024 Supreme(Online)(NGT) 4421

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)B. Amit Sthalekar, J, Dr. Arun Kumar Verma, EMBibekananda Pattnaik – AppellantVersusState of Odisha – RespondentOriginal Application No.125/2024/EZ

Auction for mining leases requires an approved District Survey Report under environmental law; absence renders notice illegal.

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Dr. Arun Kumar Verma, EM
Bibekananda Pattnaik – Appellant
Versus
State of Odisha – Respondent
Original Application No.125/2024/EZ