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2025 Supreme(Online)(NGT) 1751

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Prakash Shrivastava, Chairperson, Sudhir Agarwal, Judicial Member, A. Senthil Vel, Expert Member
Ajayveer Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
ORIGINAL APPLICATION NO. 1190/2024 (I.A. NO. 475/2024)

For the Appellants/Petitioners:
For the Respondents:Mr. Sanjay Upadhyay, Senior Advocate with Mr. Saumitra Jaiswal, Mr. Rohit Sthalekar, Mr. Surya Gupta and Ms. Anukriti Bajpai, Advocates for Respondent No. 6|Ms. Suhasini Sen, Ms. Masooma Rizvi and Ms. Surbhi, Advocates for MoEF&CC|Ms. Priyanka Swami, Advocate for SEIAA UP|Mr. Mukesh Verma and Ms. Vatsala Tripathi, Advocates for DM, Baghpat|Mr. Amit Shukla, Mr. Amit Kumar, Mr. Atul Mishra and Mr. Chaitanya Kansra, Advocates for UPPCB

Valid SEIAA-approved DSR mandatory precondition for sand mining auctions, EC grants; State cannot amend without statutory appraisal/approval; invalid DSR voids leases/EC; operations illegal, compensation recoverable.

Headnote:(A) Environment (Protection) Act, 1986 read with EIA Notification 2006 as amended, SSMG-2016, EMGSM-2020 - Sand mining - District Survey Report (DSR) - Preparation of valid DSR approved by competent Environment Impact Assessment Authority (SEIAA/DEIAA) is mandatory precondition for e-auction/tender of mining leases, grant of EC and mining operations - Areas not included in valid approved DSR cannot be auctioned or mined - State authorities cannot amend/upgrade approved DSR without appraisal by SEAC and approval by SEIAA - Subsequent grant of EC does not validate mining based on invalid DSR - Mining leases without valid DSR illegal; operations restrained; environmental compensation recoverable for past violations. (Paras 102, 117, 120-123)

(B) NGT Act, 2010 - Sections 14, 15, 18 - Locus standi - Person concerned about environmental violations has locus as aggrieved person; personal injury not required - OA under Section 15 (5 years limitation) maintainable for environmental damage relief notwithstanding mention of Section 14 (6 months limitation). (Paras 28-31, 34-46)

(C) Limitation - OA challenging mining auctions without valid DSR falls under Section 15(3) (5 years from cause of action); not barred even if filed beyond 6 months + 60 days under Section 14(3). (Paras 32-46)

Facts of the case:
Applicant challenged e-auction notices for sand mining in specified riverbed areas without valid DSR approved by SEIAA, violating EIA 2006, SSMG-2016, EMGSM-2020. DSR approved in 2017 excluded auctioned plots; State amended it administratively without SEIAA approval. Respondent obtained lease, EC, consents; Tribunal stayed operations.

Findings of Court:
Issues on locus, limitation, maintainability decided against respondents; core issue on valid DSR against respondents - mining illegal without SEIAA-approved DSR including replenishment study. UPPCB to compute/ recover compensation for illegal extraction; funds for environmental restoration.

Issues: (I) Locus standi under Section 18(2)(e); (II) Limitation under Sections 14(3)/15(3); (III) OA vs Appeal maintainability; (IV) Validity of auctions/leases/EC without valid DSR; (V) Relief.

Ratio Decidendi: DSR preparation/appraisal/approval by statutory authorities mandatory pre-auction/EC; invalid DSR renders auctions/leases/EC illegal; State cannot unilaterally modify approved DSR; SSMG-2016/EMGSM-2020 prohibit pre-DSR auctions; precautionary/sustainable development principles apply.

Result: OA allowed; mining operations restrained; compensation assessed/recovered for violations; restoration plan directed.

Table of Content
1. challenges to illegal sand mining auctions without valid dsr. (Para 1 , 2 , 10)
2. baghpat dsr 2017 expired without renewal before auctions. (Para 3 , 4)
3. precedents mandate dsr, replenishment study, prior ec for mining. (Para 5 , 6 , 7 , 8 , 9)
4. respondents claim post-approval amendments to expired dsr. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
5. seiaa, moef affirm dsr preparation mandatory pre-auction. (Para 20 , 21)
6. tribunal stayed mining absent valid dsr. (Para 22 , 23)
7. respondent challenges locus, limitation, maintainability. (Para 24 , 25 , 28 , 32)
8. applicant has locus as environment protector. (Para 26 , 27 , 29 , 30 , 31)
9. oa under section 15 ngt act; 5-year limitation applies. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46)
10. no appeal required for auction notices. (Para 47)
11. mining areas absent from valid approved dsr. (Para 48 , 49 , 50)
12. eia 2006 mandates prior ec via screening, scoping, appraisal. (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68)
13. eia amendments enforce ec for all mining leases. (Para 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80)
14. dsr approval by eiaa mandatory; state cannot amend unilaterally. (Para 81 , 82 , 83 , 84 , 85 , 86 , 87)
15. ngt, sc precedents require valid dsr pre-mining. (Para 88 , 89 , 90 , 91 , 92)
16. ssmg-2016, emgsm-2020 mandate dsr as ec prerequisite. (Para 93 , 94 , 95 , 96 , 97 , 98 , 99 , 100 , 101 , 102 , 103 , 104 , 105)
17. incomplete dsr vitiates ec; appraisal must use valid dsr. (Para 106 , 107 , 108 , 109 , 110 , 111 , 112 , 113 , 114 , 115 , 116 , 117 , 118 , 119)
18. mining restrained sans valid dsr; compensation for violations. (Para 120 , 121 , 122 , 123 , 124 , 125)

JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. The Original Application (hereinafter referred to as ‘OA’) has been filed by Ajayveer Singh, resident of State of Haryana and claims to be deeply concerned with regard to environmental issues particularly alleged damage caused to the environment due to illegal mining and in violation of environmental laws. He has invoked jurisdiction of Tribunal under Section 14 read with Section 18 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’). The applicant has challenged the e-auction cum e-tender inviting notice dated 09.11.2022 (page 97 of paper book) as corrected vide e-auction cum e-tender notice dated 18.11.2022 (page 96 of paper book) initiated by District Magistrate, Baghpat in respect to certain areas in villages Chhaprauli Khadar and Kotana Khadar for sand mining without preparing a valid District Survey Report (hereinafter referred to as ‘DSR’) in the light of the mandate under Environment Impact Assessment Notification dated 14.09.2006 (hereinafter referred to as ‘EIA 2006’) as amended from time to time read with Sustainable Sand Mining Management Guidelines 2016 (hereinafter referred to as ‘SSMG-2016’) and Enforcement and Monitoring Guidelines for Sand Mining 2020 (hereinafter referred to as ‘EMGSM-2020’).

2. Applicant has further assailed subsequent e-auction cum e-tender notice for village Kotana Khadar issued on 02.01.2023 (page 102 of paper book), for village Kotana Khadar dated 02.01.2023 (page 107 of paper book) as corrected by corrigendum dated 02.01.2023 (page 108 of paper book), for villages Badrakha Khadar and Gauripur Khadar dated 03.04.2023 (page 109 of paper book) and villages Badrakha Khadar and Gauripur Khadar dated 03.04.2023 (page 115 of paper book). It is said that all subsequent actions taken by District Magistrate, Ghaziabad with regard to these sand mining activities are illegal and in violation of environmental laws.

3. The facts in brief stated in OA are that DSR in respect of District Baghpat was prepared in November 2017 showing mining queries in the district with location, area and period of validity as under:

Table 15: List of Proposed Mining Quarries in the Distr

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2025 Supreme(Online)(NGT) 1751

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)Prakash Shrivastava, Chairperson, Sudhir Agarwal, Judicial Member, A. Senthil Vel, Expert MemberAjayveer Singh – AppellantVersusState of Uttar Pradesh – RespondentORIGINAL APPLICATION NO. 1190/2024 (I.A. NO. 475/2024)

Valid SEIAA-approved DSR mandatory precondition for sand mining auctions, EC grants; State cannot amend without statutory appraisal/approval; invalid DSR voids leases/EC; operations illegal, compensation recoverable.

Cases Referred (1)

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Prakash Shrivastava, Chairperson, Sudhir Agarwal, Judicial Member, A. Senthil Vel, Expert Member
Ajayveer Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
ORIGINAL APPLICATION NO. 1190/2024 (I.A. NO. 475/2024)