1

Item No.1

BEFORE THE NATIONAL GREEN TRIBUNAL

CENTRAL ZONE BENCH, BHOPAL

(Through Video Conferencing)

Original Application No. 19/2021 (CZ)

Prabhat Mohan Pandey

Applicant(s)

Versus

State of Madhya Pradesh

Respondent(s)

Through District Collector

Date of completion of hearing and reserving of order: 29.03.2022

Date of uploading of order on the website: 01.04.2022

CORAM :

HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HON'BLE DR. ARUN KUMAR VERMA EXPERT MEMBER

For Applicant (s):

Mr. Rohit Sharma, Adv.

For Respondent(s) :

Mr. Sanjay Upadhyay Adv.

Mr. Sachin K. Verma, Adv.

Ms. Parul Bhadoria, Adv.

Mr. Salik Shafiqe, Adv.

Ms. Mansi Bachani, Adv.

Mr. Shubhendu Anand, Adv.

Mr. Ajay Dhawle, Adv.

ORDER

1.

The present original application has been filed raising a substantial

question relating to environment under Section 14 and 15 of the

National Green Tribunal, Act 2010. It is stated that in the year 2019, in

the state of Madhya Pradesh, Madhya Pradesh Sand (Mining,

Transportation, Storage and Trading) Rules, 2019 were introduced

wherein every district was awarded a single contractor or a group of

contractors and accordingly, the notice inviting tender (hereinafter

referred to as “NIT”) was floated by the State of Madhya Pradesh in the

month of October 2019. After acceptance of the technical and financial

bid, the contract for District of Chhindwara was awarded in favour of

Mr. Shishir Khandar. The Present application highlights various

anomalies occurred in the tender granted for the district of Chhindwara

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of Madhya Pradesh whereby the contract for excavation of sand from 58

number of sand quarries in the district of Chhidwara was accorded in

favour of Mr. Shishir Khandar and out of the total 58 sand quarries, 24

sand quarries are operational.

2.

The issues involving substantial question relating to environment are as

under:

I.

There is a huge quantity mismatch in the sand for which tender

was floated and the sand for which Environment Clearance was

accorded thereby stimulating illegal and additional excavation of

Sand.

II.

Some of the sand quarries are not mentioned in the tender

documents but despite of that EC has been given over the same

and the contractor is carrying out mining activities over the same.

III. No District Survey Report has been prepared before starting the

operations of the sand quarries in the district of Chhindwara.

IV.

The scientific annual replenishment study which is mandatory as

per the MOEF Guidelines as well as various judgements of the

Hon’ble NGT and Apex Court, has not been conducted by the Non-

Applicant officials before starting the excavation of sand.

V.

No response to the complaints filed by Applicant from the Non-

Applicant officials, which establishes the fact that various

anomalies have been done as a result of which the environmental

loss

is

occurring

tremendously

on

daily

basis

and

the

environmental norms are being violated at the threshold.

3. The applicant had attached the list of matters where discrepancies in

sand mining which was found in excess of EC granted as compared to

Notice Inviting Tender (NIT) has been attached, which is as follows :

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LIST OF ANS EC GRANTED OF DISTRICT CHHINDWARA SHOWING DISCRIPENCY

A

B

C

D

E

F

G

H

I

j

K

L

M

N

N.

S.N.

SEIAA

Minutes

n.

Date

Meeting

No.

Case No.

Panchayat

Name

Tehsil

Khasra

No.

in

EC

Khasra

No.

in

Tender

NIT

Area

as

per

EC

Area as

per

Tender

NIT

Cubic

Meters

as

Per

EC

Cubic Meters as

per Tender

NIT/Abhisuchna

dt. 30.07.2019

Discipency

Remark

1

6

26.06.2020 624

7159/20

Wadegaon Pandurna

426/2-

3-4

Not

mention

in NIT

1.73

Not

mention

in NIT

7000 Not mention in

NIT

Not

mention in

NIT

2

63 06.10.2020 643

7826/2020 Chaumau

Junnardo

85 Not

mention

in NIT

2

Not

mention

in NIT

5000 Not mention in

NIT

N