NGT Quashes Haryana Mining Approvals Over Flawed District Survey Report, Non-Compliance with EMGSM 2020 Procedure - 2025-04-23

NGT Quashes Haryana Mining Approvals Over Flawed District Survey Report, Non-Compliance with Environmental Norms

New Delhi: The National Green Tribunal (NGT) has set aside the approval of mining plans for three companies in Haryana's Ambala District, finding that the approvals were based on a flawed District Survey Report (DSR) and violated mandatory environmental guidelines. The tribunal, comprising Justice Prakash Shrivastava (Chairperson), Justice Arun Kumar Tyagi (Judicial Member), and Dr. A. Senthil Vel (Expert Member) , delivered the judgment on April 22, 2025, highlighting the critical importance of accurate DSRs and strict adherence to environmental norms in mining activities.

The ruling came on an application filed by Balbir Sandhu , who challenged the letters issued by the Director, Mines and Geology, Haryana, approving the mining plans of M/s R. M. Mines and Infra Private Limited, M/s SCP Commodities, and M/s Reliable Mining Corporation in January, February, and May 2023. The applicant contended that these approvals contravened the Ambala DSR 2022 and guidelines issued by the Ministry of Environment, Forests and Climate Change (MoEF&CC), specifically citing discrepancies in the permissible quantity of mineable minerals, the mining area, and the inclusion of mining in a river not listed in the DSR.

Background of the Case

The case revolves around the mining of minor minerals (boulder, gravel, and sand) in Ambala District. Following the Supreme Court's directive in the Deepak Kumar vs. State of Haryana case (2012), which mandated prior environmental clearance for minor mineral mining, the MoEF&CC issued subsequent notifications and guidelines, including the Sustainable Sand Mining Management Guidelines, 2016 (SSMG 2016) and the Enforcement and Monitoring Guidelines for Sand Mining, 2020 (EMGSM 2020). These guidelines require the preparation of a District Survey Report (DSR) before granting mining leases or Letters of Intent (LOIs), specifying the procedure for identifying mineable areas, assessing mineral potential (including replenishment rates), and public consultation.

The applicant argued that the approved mining plans authorized the extraction of approximately 71 lakh MT of minerals from about 180 hectares, significantly exceeding the Ambala DSR 2022's stated limits of 38.29 lakh MT from 10.11 hectares. Further issues raised included the approval of mining in the "Trilokpur River," which the applicant claimed was not mentioned in the DSR, and the failure to assess the bulk density of minerals through a NABL-recognized laboratory as required by EMGSM 2020.

Respondents' Defense and Joint Committee Findings

Respondents, including the State of Haryana and the mining companies, largely admitted to discrepancies in the original Ambala DSR 2022, attributing them to "inadvertent mistakes" and "typographical errors" in compilation. They argued that the total mineable area and quantity, when calculated based on the Khasra numbers listed in the DSR's annexures and revised methodology, were substantially higher than the figures cited by the applicant and the approved mining plans were within these actual potential limits. They also clarified that "Trilokpur Nadi" is locally known as "Sukroon River," which is listed in the DSR.

A Joint Committee constituted by the NGT, comprising representatives from CPCB, HSPCB, and the District Magistrate, Ambala, confirmed in its report dated October 27, 2023, that the original Ambala DSR 2022 indeed contained shortcomings and required revision. The Mining Officer, Ambala, also acknowledged these deficiencies.

Subsequently, during the pendency of the NGT application, the State initiated a process to rectify the Ambala DSR 2022, culminating in an approved corrigendum by the SEIAA, Haryana, on September 9, 2024. The respondents argued that this rectification cured the initial defects and validated the already approved mining plans retrospectively.

Court's Analysis and Directions

The Tribunal meticulously examined the arguments and the material on record, including the Joint Committee report and the rectified DSR.

On the issue of limitation , the NGT condoned a 24-day delay in challenging one of the approval letters, noting the interconnectedness of the challenges and the public interest nature of environmental litigation. It also reiterated its power to take suo motu cognizance of environmental issues, rendering the question of the applicant's locus standi (being from a different district) less critical.

Addressing the core issue of DSR violations and compliance with guidelines , the NGT made several key observations:

1. Discrepancies in Original DSR: The NGT agreed that the original Ambala DSR 2022 contained significant flaws, including the stated mineral potential and mineable area figures, and the naming convention for the Sukroon River. However, it noted that the calculation methodology mentioned in the DSR and guidelines (60,000 MT per hectare) when applied to the areas listed in the DSR annexures, suggested a much higher potential than the 38.29 Lakh MT figure, indicating a likely error in the DSR's summary tables.
2. Replenishment Study: Crucially, the Tribunal found that the original Ambala DSR 2022 lacked evidence of a proper replenishment study , which is mandatory under EMGSM 2020 for assessing mineral potential and sustainable extraction rates. The NGT cited its previous judgments and Supreme Court rulings emphasizing the replenishment study as a prerequisite for mining permissions to prevent irreversible ecological damage.
3. Bulk Density Assessment: The Joint Committee confirmed that M/s R. M. Mines and Infra Pvt. Ltd. and M/s SCP Commodities had not provided documentation showing bulk density assessment by a NABL-recognized lab at the time of plan approval, a requirement under EMGSM 2020. While R-8 claimed the study was initiated later, and R-10 claimed it was done, the initial approvals were seemingly granted without this confirmation for R-8 and R-9.
4. Post-Facto Rectification: The Tribunal found that while the State did attempt to rectify the DSR, the process for public consultation for the corrigendum did not strictly follow the procedure laid down in EMGSM 2020 (e.g., publication period). More importantly, the NGT held that approvals granted based on a flawed DSR and without complying with mandatory requirements like replenishment study and bulk density assessment at the time of approval could not be retrospectively validated by a subsequent rectification of the DSR.

The NGT cited the Supreme Court's judgment in State of Bihar and Ors vs. Pawan Kumar and Ors (2022), which emphasized strict adherence to the EMGSM 2020 procedure for DSR preparation and mandated that DSRs must be finalized before the auction/e-auction/grant of mining lease/LOI.

NGT's Decision

Based on these findings, the NGT concluded that the approval letters for the mining plans of M/s R. M. Mines and Infra Private Limited, M/s SCP Commodities, and M/s Reliable Mining Corporation were contrary to the original Ambala DSR 2022 (as it stood at the time of approval) and violated mandatory provisions of the Notifications dated 15.01.2016, 25.07.2018, SSMG 2016, and EMGSM 2020, particularly regarding the basis of DSR, replenishment study, and bulk density assessment.

The Tribunal set aside the impugned approval letters dated January 25, 2023, February 27, 2023, and May 18, 2023, with all consequential effects.

The NGT issued the following directions: * The Director, Mines & Geology, Haryana, must ensure that future e-auctions, LOIs, and mining leases strictly comply with SSMG 2016, EMGSM 2020, and the approved DSR. The quantity of minerals mined must not exceed the quantity determined by the replenishment study and sustainably permissible limits. * The Director must instruct field staff across the State to take necessary precautions during DSR preparation to avoid such discrepancies in the future. * The DSR Committee, Ambala, is directed to revise the Ambala DSR 2022 to bring it into strict conformity with the Notifications dated 15.01.2016, 25.07.2018, SSMG 2016, and EMGSM 2020, particularly ensuring proper replenishment study and public consultation procedures are followed. * Future e-auction notices, auctions, and mining leases are to be granted only after the final revision and approval of the Ambala DSR 2022 in accordance with the guidelines.

The judgment underscores the NGT's firm stance on enforcing environmental regulations and ensuring that mining activities are based on sound scientific data and proper procedural compliance, as mandated by the apex court and environmental guidelines.