National Green Tribunal
Jinti Deka & Ors vs State Of Assam on 23 July, 2025
Item No.04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.169/2023/EZ
Jinti Deka & Ors. Applicant(s)
Versus
The Principal Secretary, Dept. Of
Environment, Forests and Climate Change,
State of Assam & Ors. Respondent(s)
Date of Hearing : 23.07.2025
Date of Uploading : 08.08.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Ms. Indrani Gupta, Adv.
For Respondent(s) : Ms. Malabika Roy Dey, Adv. for R-1,4 & 6 (in Virtual Mode),
Ms. Amrita Pandey, Adv. for R-2 (in Virtual Mode),
Mr. Surendra Kumar, Adv. for R-3 & 5
ORDER
1. Ms. Indrani Gupta, learned Counsel is present on behalf of the Applicants.
2. Affidavit dated 09.07.2025 has been filed on behalf of the Respondent No.2, State Environment Impact Assessment Authority (SEIAA), Assam ; the same is taken on record.
3. Affidavit dated 22.07.2025 has been filed by the Additional District Commissioner, Morigaon, Assam on behalf of the District Commissioner, Morigaon, Assam ; the same is taken on record.
4. The submission of Ms. Indrani Gupta, learned Counsel is that as per the Mining Permit at page 336 of the paper book is not in accordance with the Schedule-A of the Mining Plan at page 218 of the paper book and therefore, the allegation is that the Respondent No.7, Jugal Bharali is carrying out mining in excess in area. This 1 contention of the Applicant needs to be replied by the State Respondents, Government of Assam with GPS Coordinates.
5. Ms. Malabika Roy Dey, learned Counsel appearing (in Virtual Mode) is granted two weeks time to file specific reply on behalf of the State Respondents, Government of Assam.
6. No one is present on behalf of the Respondent No.7, Private Respondent though the name of Mr. Pankaj Kumar Deka and Mr. Pankaj Daimiary, learned Counsel are printed in the cause list.
7. Mr. Santanu Bora, learned Counsel is not present on behalf of the Respondent No.8, Directorate, Geology and Mining, Gauhati, Assam.
8. Heard Ms. Indrani Gupta, learned Counsel for the Applicants ; Ms. Malabika Roy Dey, learned Counsel appearing (in Virtual Mode) for the State Respondents, Government of Assam ; Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) for the Respondent No.2, State Environment Impact Assessment Authority (SEIAA), Assam and Mr. Surendra Kumar, learned Counsel appearing on behalf of the Respondent No.5, Central Pollution Control Board. (Final order of the said case will be uploaded in NGT website by separate sheets of paper).
.....................................
B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 23, 2025, Original Application No.169/2023/EZ SKB 2 Item No.04 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.169/2023/EZ In the matter of :
Jinti Deka & Ors.
Vill : Chatabori P.O. - Borkuloi, P.S. - Jagiroad, Pin - 782411 Dist : Morigaon .... Applicant(s) Versus
1. The Principal Secretary, Department of Environment, Forests and Climate Change, State of Assam
2. State Environment Impact Assessment Authority (SEIAA) Through Member Secretary, Bamunimaidan, Guwahati - 21 Assam
3. Assam State Pollution Control Board,
4. District Magistrate, Morigaon, Assam
5. Central Pollution Control Board
6. District Mining Officer, Morigaon, Assam
7. Jugal Bharali Nakhula Beat Sand Mining Permit Area No.3 Under Morigaon Forest Range
8. Directorate, Geology and Mining, Through the Director, Gauhati, Assam .... Respondent(s) Date of Hearing : 23.07.2025 Date of Uploading : 08.08.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Ms. Indrani Gupta, Adv. 3
For Respondent(s) : Ms. Malabika Roy Dey, Adv. for R-1,4 & 6 (in Virtual Mode), Ms. Amrita Pandey, Adv. for R-2 (in Virtual Mode), Mr. Surendra Kumar, Adv. for R-3 & 5 ORDER
1. The present Original Application was taken up on a complaint/ letter petition dated 13.09.2023 filed by some residents of village Chatabori in the District of Morigaon, Assam. It is alleged that the river Kopili has been flowing along the village Chatabori and the petitioners are residing on both banks of river Kopili. It is alleged that from 2019 they noticed regular sand mining being carried out by one Jugal Bharali at their village which is marked as Nakhula Beat Sand Mining Permit Area No.3 under Morigaon Forest Range. The allegation is that sand mining is being carried on by the said Jugal Bharali, the Lease Holder, using excavator and sand mining machine which is not permissible being in violation of the Sustainable Sand Mining Management Guidelines, 2016 and Enforcement and Monitoring Guidelines for Sand Mining, 2020 (EMGSM).
2. It is also alleged that the lease holder is using Homen Borgohai Road (Bhakatgaon to Narengi) and Bhakatgaon to Boha-Borpak Road to transport these materials which is connected with Pobitara Wildlife Sanctuary and transportation of sand has been observed during night on this road. It is also alleged that sand mining was also carried out during the current monsoon period.
3. At the stage of admission, this Tribunal constituted a Fact Finding Committee comprising of the following members :-
i) Senior Scientist, Assam State Pollution Control Board;
ii) Senior Scientist, Central Pollution Control Board; 4
iii) Senior Scientist, State Environment Impact Assessment Authority (SEIAA), Assam;
iv) District Magistrate, Morigaon, Assam or his representative Officer not below the rank of Additional District Magistrate (A.D.M.) The Committee was directed to visit the site and submit its Report with regard to the allegations made in the Original Application.
4. The Assam State Pollution Control Board (ASPCB) has filed affidavit dated 10.01.2024 bringing on record a Field Inspection Report of an inspection carried out on 08.12.2023 which reads as under :-
"Inspection Report in the matter OA 169/2023/EZ Jinti Deka & Anr. Vs State of Assam 1.0 Back ground The Hon'ble NGT, Eastern Zone Bench, Kolkata has Suo Motu taken up a complaint (by Jinti Deka and Others ) against Sand Mining being carried out by using excavator and Sand Mining Machines in Kapili river at Village Chatabori violation of Sustainable Sand Mining Management Guidelines 2016 (SSMMG 2016) and Enforcement and Monitoring Guidelines for Sand Mining 2020 (EMGSS 2020).
Hearing the matter the Hon'ble Court has in its order dated 24.11.2023 (copy enclosed as Annexure-I) has directed all the respondents to file counter affidavit within four weeks. The Hon'ble Court in the above mentioned matter constituted a four Member Committee consisting of members from different organization as below:
Si no. Members 86 Organization
1. Senior Scientist , Assam Pollution Control Board
2. Senior Scientist , Central Pollution Control Board
3. Member, State Environmental Impact Assessment Authority (SEIAA) ,Assam
4. District Magistrate, Morigaon, Assam or his representative not below the rank of Additional District magistrate (A.D.M.) Accordingly the Committee consisting of nominated members from the different organizations, as tabulated below, visited the site on 8.12.2023.
5 Si no. Members Sri Pranjal Baruah, ACS, Additional District Commissioner (A.D.C.) District Morigaon , Assam
2. Sri Mridul Dev Adhikary, Senior Environmental Scientist , Assam Pollution Control Board
3. Dr. G. P. Singh, Scientist-D, Central Pollution Control Board, Regional Directorate, Shillong
4. Dr. Sarat Phukan, Member, State Environmental Impact Assessment Authority(SEIAA), Assam 2.0 Field Inspection The committee visited the site on 8.12.2023 and made inspection to ascertain the allegation made in the original application (0.A.) which are as tabulated below:
S1 no. Allegation in the Present status as Original observed on the day Application of inspection.
i. Under such • The Naokhola Beat
circumstances, from Sand Permit Area
2019 we noticed
No. 3 is located 508
regular sand mining
meters downstream
by one Jugal Bharali
at our villages which of the Bhakatgaon
is marked as Bridge (refer to Fig.
Nakhula Beat Sand 1). The Pillar No. 1
Mining permit area (see Fig. 2) and Pillar
no. 3 under No. 5 (see Fig. 3) of
Morigaon Forest the permit area are
Range .Against the
marked on the
aforesaid sand
Google Map (Fig. 1).
mining, that too, by
using excavator & • No mining was
sand Mining going on at the time
Machines which is of inspection.
not permissible, we Neither any
lodged several excavator/ mining
complains before the
was observed at
competent
the site.
authorities steps
were taken • The sand mining
refraining him from
permit for Nakhula
carrying out the
same. Due to not beat sand Permit
taking of any action area no. 3 for the
our agricultural period 2022-2024 to
field, transportation Sri Jugal Bharali on
road & Important 27.4.2023 to Mr
Historical Jugal Bharali which
monuments are
6
going to dissolve in is valid for 2 years (
the Kapili River 22-24) However
bank erosion, some
since the mining
of the area are
permit was awarded
totally dissolve in
Kapili river. They on 27.4.2023 , the
use Homen Borgohai lease holder has
Road (Bhakatgaonb been granted permit
to Narengi) and till 26.4.2025.
Bhakatgaon to • The copy of
Boha-Borpak road to
Challan issued by
transport this
the lease holder
material. This are
the road which is (starts from
connected with 17.5.2023 enclosed
Pobitara Wildlife as indicates that the
Sanctuary and mining by the lease
tourist use this road, holder has been
but due to this day
done after the grant
night sand mining
of lease permit by
activity we are
affected. the Divisional
Forest officer
ii. It is no longer in • Monsoon period
dispute that Assam
starts from - 5thJune
monsoon stars from
till 15thOctober (as
the month of April
and the said Jugal per SSMMG 2016.
Bharali who is the However the mining
reportedly the lessee has been continued of the Beat Sand during that period as Permit Area no. 3 well. As reported by has once again the lease holder Form started sand Mining MMP-1 sand mining from the very has been continued beginning of the present monsoon in the month of June period, that too by to Oct 2023.
using excavator and • Bank side bars are Sand Mining notably absent Machines. along the river It is pertinent to within the permit mention that during area, and sand monsoon the river extraction has taken flows in its full place from beneath swing and that at the water. The the juncture sand extracted sand is Mining in the river subsequently bed , that too by dumped downstream of the using excavator and permit area, as sand mining illustrated on the machines in nothing Google Map.
but an invitation to Transportation from 7 the people living on the permit area to the bank of river to the dumping site is fall prey of erosion. facilitated by boat, Having Noticed the with the sand being same , We have also manually conveyed once gain knocked to the riverbank for the door of different dumping. The lease authorities including area declared by the forest authorities Department of expressing our deep Geology and Mining concern over the which is in violation of the Sand mining issue but all our Guideline 2016 efforts proved to be which clearly states futile till today as that mining can only the sand mining is be allowed keeping being carried out in a safe distance from full swing and as a the river bank and result our residents the depth of mining are in the verge of can be restricted to being eroded. 3m or water level which ever is less.
But mining has been
done in the river
water itself, as
observed.
iii. It is admitted that No comment
sand mining is a
means of generating
the revenue for the
Govt. but the same
cannot be done at
the cost of the poor
people like us in as
much as if the such
same is not stopped
immediately we all
lose our residents
within a short span
of time.
iv. It is also to mention The river bank is not at
here that the all demarcated. Signs
residences of of bank erosion are
around 300-400 evident along both
families of village riverbanks. The right Chatabori are on the bank, immediately bank of River Kapili downstream of the and due to such Bhakatgaon Bridge sand mining , that (Fig. 4) and upstream too , with excavator , of the Naokhola permit our residences have area, is fortified with come under great geobags. Further threat and may be protection on the eroded at any time. immediate upstream 8 side of the permit area is provided by a boulder apron on the left bank of the river.
The riverbank's erosion-prone nature is highlighted by its near-
vertical posture despite being made up of alluvial material.
3.0 Overall Observations:
The overall observations during the inspections are as follows:
3.1 No mining was being carried out at the time of inspection on 8.12.2023. Mining has been done by the lease holder during monsoon too (June to October) 3.2 No excavator/mining machinery was observed at the time of visit.
3.3 No display board was observed at the allotted mining permit site.
3.4 As reported by district administration, illegal mining has been done since long back and necessary action has been taken by the district administration by collecting fines from the different sand storage points near the river bank.
3.5 As reported by the Director Geology and Mining office there is no District Survey Report (DSR) for Morigaon District.
3.6 It is very surprising that reserve estimation of sand has been done without District Survey Report which is contrary to the Sustainable sand Mining Management Guidelines 2016( SSMMG 2016) as well as Enforcement 86 Monitoring Guidelines for Sand Mining 2020 (EMGSM2020).The reserve estimation of sand has been done by the Office of the Forest Range; Morigaon Range, Morigaon, Assam dated 12-05-2022. 3.7 Some of the points as mentioned in the sand mining guide lines of MoEF86CC which requires District Survey Report as the most important documents for sand mining are as follows:
3.7.1 District Survey Report for sand mining shall be prepared before the auction/ e-auction/ grant of the mining lease/letter of Intent( Lol) by Mining department or department dealing the mining activity in respective states (Point a of 4.11 Preparation of District Survey Report page 15 of EMGSM 2020).
3.7.2 The State shall issue letter of Intent as per the procedure laid down in their Minor Mineral Concession Rule, 2013 with due consideration of the final district Survey report. (4.2 under Grant of letter of Intent to those mining leases 9 which are falling in potential mining zone page 20 of EMGSM 2020) 3.7.3 District Level Survey Report should be prepared and the area suitable for mining and area prohibited for mining be identified (point no 8 of Standard Environmental conditions for sand mining of SSMMG 2016) 3.7.4 mining should be done only in the area /stretch identified in the District Level Survey Report suitable for sand mining and so certified by the Sub Divisional Level Committee after site visit point no 20 of standard Environmental conditions for sand mining of SSMMG 2016) 3.7.5 The depth of mining in the river bed shall not exceed one meter or the water level whichever is less , provided that where the joint inspection committee certifies about Excessive deposit or over accumulation of mineral in certain reaches requiring channelization it can go upto 3m on the defined reaches of the river. (point no 9 of standard Environmental conditions for sand mining of SSMMG 2016) 3.7.6 To Maintain safety and Stability of River banks i.e.3 meter or 10% of the river width of the River whichever is more will be left intact as no mining zone (point no 16 of SSMMG 2016) 3.8 It is also very surprising that the Mining Plan approved by Directorate of Geology and Mining, Assam declares mining area inside the river which comes under restricted area as per the sand mining guide lines.
EMGSM 2020(Point r of the guideline Page 24 states River bed sand mining shall be restricted within the central 3/4th width of the river/rivulet or 7.5 meters (inward) from river banks but upto 10% of the width of the river, as the case may be and decided by regulatory authority while granting environmental clearances in consultation with irrigation department. Whereas the Mining plan approved by Directorate of Geology and Mining, Assam clearly states (point no 6 of page 13 of mining plan) that the mineable width of the river as central 80m X 3/4+= 60m (Fig Sketch map) which allows mining inside the river in violation of the Sustainable Sand Mining Management Guideline 2016 as well as EMGSM 2020.
4.0 Recommendations:
It view of the above findings and observations it is recommended as follows:
4.1 Sand Mining should be stopped and be allowed in compliance to guidelines only.10
4.2 District Survey Report (DSR) should be prepared in line with Sustainable Sand Mining Guidelines 2016 and Enforcement 86 Monitoring Guidelines for Sand Mining 2020. DSR should make assessment of mineable reserve in the region and mining be permitted in accordance with these guidelines only. 4.3 The existing mining plan should be cancelled and be prepared in compliance with the Sustainable Sand Mining Guidelines, 2016 and Enforcement 85 Monitoring Guidelines for Sand Mining, 2020. 4.4 The lease/permit granted to the lease holder should be reviewed immediately and be granted in compliance with the guidelines (SSMMG 2016 85 EMGSM 2020.) 4.5 The lease holder shall mandatorily obtain Consent to Establish (CTE) and CTO (consent to Operate) from the State Pollution Control Board, Assam as per guidelines of Central Pollution Control Board, MoEF85CC, GOI bearing no. PCBA/ LGL-196/2023/ NGT/ 10 dated 06-12-2023."
5. The Director of Geology and Mining, Assam, Kahilipara has filed its affidavit dated 21.03.2024. In para 3 of this affidavit, the GPS Coordinates of the Nakhula Beat Sand Mining Permit Area No.3 situate in Village Bhakatgaon under Morigaon district operated by the Respondent No.7 over an area of 4.1 Ha. has been given. Para 3 of the affidavit reads as under :-
"3. That the answering deponent categorically and emphatically denies the allegations of violating any Act, guidelines in allowing the sand mining by respondent No.7 (Jugal Bharali) at Nakhula Beat Sand Area No.3. That it is a fact, that sand mine at Nakhula Beat Sand Area No.3, village Bhakatgaon under Morigaon district is undertaken by respondent No. 7 (Jugal Bharali)covering an area of 4.1 hectare within the GPS location given below:
(1) 26010'-33.74 N - 92012'49.2 E (2) 26010'-35.12 N - 29012'48.32 E (3) 26010'-31.32 N - 29012'34.57 E (4) 26010'-35.11 N - 29012'34.79 E (5) 26010'-42.36 N - 29012'22.60 E (6) 26010'-42.12 N - 26012'24.06 E That the allotment was subsequent to certificate 25.12.22 issued by on Dr. Moloy Bora (Recognised Qualified Person) bearing Reg. 11
No.DGM/RQP/18/2017, followed by approved mining plan and Environmental Clearance Certificate dated 10.04.23 by SEIAA."
6. It is stated that the Mining Plan was approved on 25.12.2022 and Environmental Clearance was granted on 10.04.2023 and the Sand Mahal was handed over to the Respondent No.7 on 28.08.2023 after following and completing all the requisite formalities as required by law. It is stated that the Mining Plan of Respondent No.7 was approved for a total of 27,000 Cum. sand for a period of two years as per the Enforcement and Monitoring Guidelines for Sand Mining, 2020 ('EMGSM' for short). It was provided that riverbed mining shall be restricted within the central ¾th width of the river/rivulet or 7.5 meters (inward) from the river bank but upto 10% of the width of the river as the case may be and as decided by the Regulatory Authority while granting Environmental Clearance in consultation with the Irrigation Department ensuring that mining activities would be done inside the river and away from the active banks keeping a distance of 7.5 meters or 10% of the total width of the river. It is stated that the Mining Plan of Nakhula Beat Sand Mining Permit Area No.3 was approved on 19.01.2023 and the zone approved for mining has been demarcated at the centre ¾th of the Kopili Riverbed at Nakhula, Morigaon. It is stated that the distance between the active bank of Kopili river and the approved mining zone at the location is 10 meters from each bank i.e. 25% of the total width of 80 meters of the river at the site in question.
7. It is further stated that the Directorate of Geology and Mining, Assam also constituted a two member team comprising of Senior Geologists to inspect the Nakhula Beat Sand Mining Permit Area 12 No.3 for onsite verification of facts. The team visited the site on 05.10.2023 and submitted its Report.
8. The "Report on Inspection of Sand Mining Activities in Nakhula Mining Permit Areas of Morigaon District" has been filed at page 176 to 177 of the paper book which is as under :-
"REPORT ON INSPECTION OF SAND MINING ACTIVITIES IN NAKHULA MINING PERMIT AREAS OF MORIGAON DISTRICT 1.0 Introduction:
In pursuance of letter No. GM/O/159 dated Guwahati, the 31d of October a team of Directorate of Geology and Mining, Assam carried out Field Inspection at Nakhula Mining Permit Area and adjacent sites along Kopili River of Morigaon District, Assam. The team consisting of Monoj Gogoi Senior Geologist, Parkash Borah Senior Geologist Dibakar Das, Assistant Geologist, and Anupam Dutta Surveyor, had carried out the field inspection on dated 5th of October under. The team was accompanied by staffs from the Forest Department and local villagers during inspection. The area is under Morigaon Forest Range under Nagaon Forest Division.
As per official instruction the purpose of visit was mainly inspection of the area viz. Nakhula Mining Permit areas to check the adherence rules to be followed during mining and extraction of sand as per approval of Mining Plan and to verify the legitimacy of the Public Complaint submitted by the villagers of Chotabori Area, Morigaon District.
As the river Brahmaputra flows along with the northern boundary of the Morigaon District, while the major rivers like Killing, Kollong and Kopili rivers flow through the southern part of the district. The river Killing meets Kopili at the Matiparbat where from Kopili moves westward. Kollong joins Kopili at the Jagi Dui Khuti Mukh and from here they jointly flow into the Brahmaputra. The area under inspection is near Bhakatgaon River Bridge over Kopili River, which is main source of sand mining under Morigaon Forest Range.
2.0 Field Observations:
1. The Google map of the inspection area is as follows:
13
69 1 7 7
• •• •
2. No mining or extraction of sand presently going on within the Mining Concession Area. As sand is included in Y-Schedule of the AMMCR-2013, the Forest Department and the (Divisional Forest Officer) DFO is the controlling authority and the Range Officer Morigaon informed that the sand mining has been stopped in the Nakhula Sand Mahal.
3.0 Recommendation and Conclusion:
1. As revealed from Google Earth Images of 2022 and images of 2002 that the river had shifted about 10 -12 meters towards the roadside within this area. The concave bank of the meander (road side bank) is the zone of erosion due to the dynamic factors of the river morphology and the convex hank of the meander is the zone of deposition (opposite bank).
2. As informed by local villagers and Forest Officials the Bhakatgaon bridge over Koplil River is too narrow and weak to heavy loaded vehicle, therefore the movement of heavy vehicle are prohibited across this bridge
3. No sign of Mining Activity was visible within the Mining Concession Area."14
9. The Respondent No.7 has filed affidavit giving the GPS locations Coordinates of the sand site Nakhula Beat Sand Mining Permit Area No.3 in village-Bhakatgaon/Barjari, district - Morigaon and it is stated that he is carrying on mining over an area of 4.1 Ha. The GPS locations given in his affidavit are as under :-
"26010'-33.74 N - 92012'49.2 E 26010'-35.12 N - 29012'48.32 E 26010'-31.32 N - 29012'34.57 E 26010'-35.11 N - 29012'34.79 E 26010'-42.36 N - 29012'22.60 E 26010'-42.12 N - 26012'24.06 E"
10. It is stated that the Sand Mahal site was handed over to him by the Divisional Forest Officer, Nagaon Division on 28.08.2023. The said Respondent has reiterated that as per Sand Mining Plan, he was granted approval for mining a total amount of 27,000 Cum sand for a period of two years and the riverbed mining would be restricted within the central ¾th width of the river/rivulet or 7.5 meters (inward) from the river bank but upto 10% of the width of the river. The said Respondent has categorically denied that he is carrying on sand mining at a different location not allotted to him.
11. The State Environment Impact Assessment Authority ('SEIAA' for short), Assam has filed affidavit dated 18.05.2024 and it is stated that in the affidavit of the Director of Geology and Mining, Guwahati, Assam, concern has been raised that the site visited by the Inspecting Team was other than the site allotted to the Respondent No.7 and in fact, the team had visited the site at a different GPS locations namely Dimoruguri Village and Chatabari Village. It is stated that the Committee constituted by the Tribunal 15 did not include a representative of the Director of Geology and Mining, Assam. However, it is stated that the Inspection Report covers the Nakhula Beat Sand Mining Permit Area No.3 and Google Earth Map for Nakhula Beat Sand Mining Permit Area No.3 was annexed alongwith the Inspection Report. It is stated that the photographs in Fig. No.1 to 3 belong to Nakhula Beat Sand Mining Permit Area No.3 ; photographs submitted in Fig. No.4 is immediate downstream of the Nakhula Beat Sand Mining Permit Area No.3 ; photographs submitted in Fig. Nos.5 and 6 is immediately upstream of the permit area ; photographs submitted in Fig. No.7 (sand dumping site) to 8 (ramp constructed on the river bank to facilitate transportation of sand from riverbed) which are about 2.0 kms downstream of the Nakhula Beat Sand Mining Permit Area No.3. Along with this affidavit, an Inspection Report of an inspection carried out on 08.12.2023 has been filed which has already been extracted hereinabove.
12. The Applicant has filed supplementary affidavit dated 02.08.2024 wherein referring to the GPS Coordinates of the Sand Beat in question, it is stated that the first permit issued by the Divisional Forest Officer, Nagaon Forest Division dated 01.05.2023 under whose jurisdiction Nakhula Beat Sand Mining Permit Area No.3 falls, defines the boundary details of the concerned Permit No.846996346 (vide Kisti no.1/8) (page 336 of paper book) which is as under :-
North - Dimoroguri
South - Baghjap
East - Bhakatgaon RCC Bridge,
West - Dungabori
16
Village - Borjari, P.O. - Barpak, P.S. - Jagiroad, District - Morigaon, Assam.
13. We have heard the Counsel for the parties and perused the documents on records.
14. Learned Counsel for the Applicant vehemently submitted that the boundary shown in the Sand Beat Permit is different from the Geo Coordinates of the Nakhula Beat Sand Mining Permit Area No.3 and therefore, the Inspection Report is wholly unreliable since the Inspecting Team has visited a different site for inspection and not the site prescribed in the Permit No.8469969846 (vide Kisti no.1/8).
15. The Applicant has also filed the "Ministry of Environment, Forest and Climate Change Notification" dated 25.07.2018 which lays down the "Procedure For Preparation Of District Survey Report For Sand Mining Or River Bed Mining".
16. So far as the objection of the Applicant that the Inspection Report is based on an area which is wholly different from that of the Sand Permit, is concerned, we have examined the matter and we find that the Permit only defines the geographical area of the Nakhula Beat Sand Mining Permit Area No.3 and does not give the GPS location Coordinates.
17. We may note that the Permit may show a larger area defined by geographical boundaries but mining has to be carried out strictly as per the Mining Plan and within the Geo Coordinates of the Sand site locations. The Applicant has not succeeded in demolishing the contention of the Respondents that the Respondent No.7 was carrying on sand mining at a GPS Sand site location other than the sand site location given in the affidavit of the Director of Geology 17 and Mining, Assam. In fact, the Applicant has not been able to disprove the GPS location coordinates given in para 3 of the affidavit of the Director of Geology and Mining, Guwahati, Assam with regard to the Nakhula Beat Sand Mining Permit Area No.3 covering an area of 4.1 Ha. of the lease holder Respondent No.7 in village Bhakatgaon, Morigaon district. Merely because the GPS location coordinates are not mentioned in the Mining Permit, it does not thereby necessarily imply, by inference or otherwise, that the Respondent No.7 is carrying on sand mining illegally at an area/location different to that from the given GPS coordinates.
18. At this stage, we may also refer to the Mining Plan dated 19.12.2022 of the Nakhula Beat Sand Mining Permit Area No.3 of the Respondent No.7 issued by the Directorate of Geology and Mining, Government of Assam which has been filed at page 187 to 221 of the paper book.
19. The GPS location Coordinates as well as the boundary description of the Sand site in question have been given in Schedule-A of the said area by the Government of Assam, Department of Environment and Forest, Assam. The Boundary description in Schedule-A is as under :-
Boundary Description North - NH-37 South - Killing River & Nakhula Beat Sand Permit Area No.1 East - Palahguri village West - Debarghat Village Thereafter, GPS location Coordinates have been given which are identical to those given in the affidavit of the Respondent which has been extracted hereinabove.
18 This Mining Plan mentions the stipulated quantity of minor minerals in contract area as 270000 m3 of Sand (Our Field assessment Only) ;
Mining contract quantity - 20,000 m3 ; Government Permit quantity - 7,000 m3 (page 218) ; Area in Hectare - 4.10 Hectare.
20. The Schedule-A further mentions the grant of Mining Contract for collection of Sand in the mining area as Total Quantity - 27000 m3 ; Period of Lease/Contract - 2 years from the date of possession. The Schedule - A under the heading "Information Memorandum" reads as under :-
"Schedule-A "Information Memorandum"
1. Name of the Mineral Concession Area: Nakhula Beat Sand Permit Area No.3 (Revenue Portion) of 2022-24.
2. Status of Land: Non-Forest
3. Grant of Mining Contract for collection of Sand in the mining area.
(a) Area of Estimated Reserves = 4.10 Ha with 27000 cu.m sand.
(b) Mahal quantity = 20,000 m3
(c) Stipulated quantity in Govt. Permit = 7,000 m3 of Stone.
(d) Total Quantity = 27,000 m3
(e) Period of Lease Contract = 2 years from date of possession.
(f) Reserve Price: Rs.37,40,000.00 (Rs. Thirty seven Lakhs forty thousand) only.
(g) Earnest Money 10% on reserve price. i.e. Rs.3,74,000.00 (Rs. Three lakhs seventy four thousand only). However, 50% of this amount if bidder is an individual and belongs to S.T/S.C/OBC. i.e. Rs.1,87,000.00 (Rupees One lakh eighty seven thousand only).
(h) G.P.S. Coordinates of the corners of mine area: The boundary pillars shall be installed on site by the successful bidder at these and other intermediate locations, as per the directions of competent authority, before start of mining operation. 19 North - NH-37 South - Killing River & Nakhula Beat Sand Permit Area No.1 East - Palahguri Village West - Debarghat Village Sl.No Ha LAT/LONG 1 N 26010'-33.74" - E 092012'49.02"
2 N 26010'-35.12" - E 092012'48.32"
3 4.10 N 26010'-31.32" - E 092012'34.57"
4 N 26010'-33.11" - E 092012'34.79"
5 N 26010'-42.38" - E 092012'22.60"
6 N 26010'-42.12" - E 092012'24.06"
"
21. The Environmental Clearance for the sand mining site area issued by SEIAA, Assam dated 23.06.2023 has also been filed with the affidavit of the Respondent No.7 dated 09.04.2024 which is in conformity with the Mining Plan giving the quantity of sand to be mined within two years and also giving the GPS Coordinates which have not been denied or disputed by the Applicant.
22. The Letter of Intent (LoI) granting Mining Permit for the Sand site in question was issued on 17.12.2022 (at page 222-223 of the paper book) to allow Minor Mineral in respect of the Mining Area - Nakhula Beat Sand Mining Permit Area No.3 of 2022-24 and mentions that the bid of the Respondent No.7 is Rs.41,10,000/- (Rupees forty one lakh ten thousand only) for mining of 20,000 m3 of sand for a period of two years from "Nakhula Beat Sand Mining Permit Area No.3" under Morigaon Range, Morigaon of the Nagaon Forest Division. The Respondent No.7 was requested to deposit the said amount within fifteen days from the date of issue of the provisional Letter of Intent (LoI) and obtain an approved Mining Plan/Pre-Feasibility Report and Form-IM along with EIA Clearance from the competent authority within forty five days for signing Permit Agreement in Form-MPS-I. This shows that the Permit was granted prior to approval and grant of Mining Plan to the Nakhula 20 Beat Sand Mining Permit Area No.3 and therefore, unless the Mining Plan is approved and granted to the Lessee, the Respondent No.7, the GPS Coordinates of the Mining area could not have been mentioned in the Mining Permit which was itself subject to an approved Mining Plan and EIA Clearance.
23. The Environmental Clearance granted to the Sand site in question by the State Environment Impact Assessment Authority (SEIAA), Assam dated 23.06.2023 (at page 229 to 234 of the paper book) also gives the GPS Coordinates which have already been extracted hereinabove as well as the Quantity of sand of 27000 Cum to be excavated within a period of two years and the Environmental Clearance also clearly mentions that the Sand and Gravel shall be extracted manually (as per Mining Plan) from Nakhula Beat Sand Mining Permit Area No.3 under Nagaon Forest Division, district Assam and that the operational area must be confined to the given 4.1 Ha. proposed area 'bound by the Coordinates' mentioned in the Environmental Clearance and shall not be any other area of extraction contiguous to this area.
24. We have already noted that the Applicant has not disputed the geographical GPS location Coordinates of the Nakhula Beat Sand Mining Permit Area No.3.
25. The Applicant has also submitted certain documents with photographs from page 340 to 347 of the paper book and submits that illegal mining is going on in this area which is Dimoruguri, Manaha Gaon, Assam which have been going on from October 2024 which are as under :-
21 22 23 24 25
26. From the perusal of the photographs it cannot be said that illegal mining is going on in the area covered by these photographs or that the same is necessarily been carried on by the Respondent No.7.
27. The learned Counsel for the Applicant has also referred to the judgment of the Hon'ble Supreme Court in I.A. No.12-13 of 2011 in Special Leave Petition (C) No.19628 to 19629 of 2009 Dipak Kumar Etc. Versus State of Haryana & Others etc.
28. Reference has also been made to the judgment of the Hon'ble Supreme Court in T.N.Godavarman Thirumulpad Vs. Union of India & Ors. in I.A. No.3949 of 2016 in Writ Petition (C) No.202 of 1995 as well as judgment of the National Green Tribunal, New Delhi in Original Application No.818/2022 (I.A. No.74/2023) Suo motu action in illegal mining for excavation of Morrum at Araji No.824 KHA (Khand 3 & 4) in area 16.194 and 12.368 Hectares, Respectively at Village Agori Khas, Tehsil Obra, District Sonbhadra Vs. Union of India and Ors. (at page 386 of the paper book).
29. Other judgments of the National Green Tribunal have also been relied upon by the Applicant which have been filed at the time of submission of the documents. However, the learned Counsel for the Applicant has not been able to show that the Respondents have in any manner disregarded the directions of ethos of these judicial pronouncements.
30. The Applicant has filed further affidavit dated 15.01.2025 stating that he has personally visited the aforementioned location and documented the activities with photographs via GPS enabled devices. Along with this affidavit a Joint Verification Report has 26 also been filed of a site visit carried out on 16.11.2024 which reads as under :-
"REPORT OF THE JOINT VERIFICATION Regarding: Nakhula Beat Sand Mining Permit No. 3 at Kopili River, Morigaon District, Assam Reference: NGT Case OA No. 169/2023/EZ (Iinti Deka &ors vs. State of Assam & Ors)
1. Introduction This joint verification team was constituted by the State Environment Impact Assessment Authority (SEIAA), Assam, vide notification no. SEIAA.3601/2023/119/231 dated 30-10-2024, to conduct a verification in response to the NG1 case bearing OA 169/2023/EZ (Jinti Deka ors. Vs State of Assam&ors.).
2. Joint verification team The following members constituted the Joint Verification Team, as per the aforesaid notification of the SEIAA, Assam. Si No. Name of Member Designation and Office Address 1 Shri Anupam Phukan Senior Geologist, Directorate of Geology and Mining (DGM), Kahilipara, Guwahati-781019 2 Shri Monoj Gogoi Senior Geologist, Directorate of Geology and Mining (DGM), Kahilipara, Guwahatl-781019 3 Prof. Sarat Phukan Member, State Environment Impact Assessment Authority (SEIAA), Assam, Bamunimaidam, Guwahati-781021
3. Background A discrepancy had emerged regarding the precise location of the Nakhula Sand Mining Permit No. 3 at the Kopili River between SEIAA- Assam and the Directorate of Geology and Mining, Government of Assam. This confusion was partly attributed to the absence of DGM representation in the committee originally constituted by Hon'ble National Green Tribunal, Eastern Zone Bench, In its order dated 24- 11-2023 for site verification in the Nakhula Sand Mining Permit No. 3.
4. Inspection Details • Date of Inspection: November 16, 2024 • Location: Nakhula Sand Mining Permit No. 3, Kopili River, Morigaon District, Assam • Purpose: To verify the exact location and current status of mining activities 27
5. Key Findings
1. Location Verification:
o The committee conclusively confirmed that both SEIAA- Assam and DGM, Assam were referring to the same location for the Nakhula Sand Mining Permit No. 3.
2. Current Status:
o No signs of active sand mining were observed in the permit area during the inspection.
6. Photographic Evidence The following photographic documentation was collected:
1. Boundary Demarcation:
o Figure 1: Current photograph of Pillar No. 1 (taken on 16-11-2024), captured by the present inspection team. o Figure 2: Previous photograph of Pillar No. 1 (taken on 08.12-2023), captured by the previous committee constituted for inspection at the Nakhula Sand Permit No. 3 as per the order of Hon'ble NGT dated 24-11- 2023.
2. Bank protection measure at the immediate upstream of the sand permit:
o Figure 3: Current photograph of geobag protection measures on the right bank along the right bank of the Kopili River at the immediate upstream of the Nakhula Sand Permit No, 3 (taken on 16-11-2024) captured by the present inspection team.
o Figure 4: Previous photograph ofthe geobag protection measures on the right bank along the right bank of the Kopill River at the immediate upstream of the Nakhula Sand Permit No. 3 (taken on 08-12-2023), captured by the previous committee constituted for inspection at the Nakhula Sand Permit No. 3 as per the order of Hon'ble NGT dated 2411.2023.
o This photographs conclusively prove that the both organization meant the same location of the Nakhula Sand Permit Area No. 3.
7. Conclusion The joint verification successfully resolved the location ambiguity between the concerned departments. The site inspection revealed no current mining activities in the permitted area."28
Figure 1. Pillar No. 1 of the Nakhula Sand Mining Permit No. 3 as seen during the present inspection visit. Figure 2, The photograph of the pillar No. I of the Nakhula Beat Sand Permit Area No. 3, Included in the Inspection report 29 submitted by the earlier committee to the Hon'ble NGT. This inspection was carried out p8-12.2023.
31. This Report clearly mentions that a discrepancy had emerged regarding the precise location of the Nakhula Beat Sand Mining 30 Permit Area No.3 at the Kopili river between State Environment Impact Assessment Authority (SEIAA), Assam and the Directorate of Geology and Mining, Government of Assam which was partly attributed to the absence of representation of the Director of Geology and Mining in the Committee constituted by the National Green Tribunal for site verification. The Committee has noted that the local verification has established that both State Environment Impact Assessment Authority (SEIAA), Assam and Director of Geology and Mining, Assam were referring to the same location for the Nakhula Beat Sand Mining Permit Area No.3. There are no signs of active sand mining in the Permit area during inspection.
32. The Figure No.1 (pages 689 Colly) are the current photographs of Pillar No.1 taken on 16.11.2024 and 08.12.2023 ; Figure No.3 dated 16.11.2024 is a photograph of the Geobag protection measures along with right bank of Kopili river at the immediate upstream of the Nakhula Beat Sand Mining Permit Area No.3 ; the Figure No.4 dated 08.12.2023 is the photograph of the Geobag protection measures on the right bank of Kopili river at the immediate upstream of Nakhula Beat Sand Mining Permit Area No.3 taken by the previous Committee and it is stated that the above four photographs are of the same locations of the Nakhula Beat Sand Mining Permit Area No.3.
33. The Applicant has also filed the ACTION PLAN FOR KOPILI RIVER - PRIORITY V (at page 639 to 658 of the paper book) which do not relate to the sand site in question nor does it anywhere mention that illegal sand mining is being carried on by the Respondent No.7 at the sand site leased to him. 31
34. The State Environment Impact Assessment Authority (SEIAA), Assam has also filed affidavit bringing on record the same Inspection Report of the inspection carried out on 08.12.2023 which has already been extracted.
35. Affidavit has been filed by the Additional District Commissioner, Assam dated 22.07.2025 also bringing on record the Inspection Report of the inspection carried out on 08.12.2023 which has already been extracted hereinabove.
36. We may also refer to the Inspection Report of the inspection carried out on 08.12.2023 which confirms that no mining was going on at the site at the time of inspection nor any machinery or excavator was used in sand mining. It is stated that the Mining Permit was awarded on 27.04.2023 valid upto 26.04.2025. This Report however mentions that the Lease Area declared by the Department of Geology and Mining is in violation of the Sustainable Sand Mining Management Guidelines, 2016 which clearly mentions that mining can only be allowed keeping a safe distance from the river bank and that the depth of mining can be restricted to 3 mtrs. or water level whichever is less but here, in the present case, mining has been done in the river water itself as observed by the Committee. The Committee has also noted that the river bank is not demarcated and there are signs of bank erosion along both river banks. The overall observation of the Committee is that illegal mining has been done since long back and necessary action has been taken by the District Administration by collecting fines from different sand storage points near the river bank itself. The Committee has also mentioned that there is no District Survey Report ('DSR' for short) for district Morigaon. 32
37. The Committee has also referred to the Mining Plan and observed that the Mining Plan approved by the Directorate of Geology and Mining, Assam clearly states that the minable width of the river as central 80 m ¾th = 60 m (Fig. Sketch map) allows mining inside the river in violation of the Sustainable Sand Mining Management Guidelines, 2016 as well as the Enforcement and Monitoring Guidelines for Sand Mining, 2020 (EMGSM). The Committee has therefore recommended that sand mining should be stopped immediately and should be allowed strictly in accordance with the Guidelines.
38. We may refer to the Ministry of Environment, Forests and Climate Change (MoEF&CC) Notification dated 25.07.2018 which clearly provides the "Procedure For Preparation Of District Survey Report For Sand Mining Or River Bed Mining" and provides that the District Survey Report (DSR) shall be prepared in the district and its draft shall be placed in public domain by keeping its copy in the Collectorate and posting it on the District's Website for 21 days. The comments received shall be considered and if found correct, shall be incorporated in the final District Survey Report to be duly approved by State Environment Impact Assessment Authority. The District Survey Report shall form the basis for application for Environmental Clearance preparation of Reports and appraisal of Projects. The Report shall be updated once every five years.
39. Subsequently the Ministry of Environment, Forests and Climate Change (MoEF&CC), Impact Assessment Division issued Office Memorandum dated 12.12.2018 noting the direction given by the National Green Tribunal, New Delhi vide order dated 13.09.2018 passed in Original Application No.186 of 2016 Satendra Pandey Vs 33 Ministry of Environment Forest & Climate Change & Anr. The Office Memorandum dated 12.12.2018 reads as under :-
"F. No. L-11011/175/2018-IA-II (M) Government of India Ministry of Environment, Forest & Climate Change Impact Assessment Division *** 3RD Floor, Vayu Wing, Indira paryavaran Bhawan, Jorbagh Road, Aliganj, New Delhi - 110 003 Email: [email protected] Phone/Fax: 011-24695362 Office Memorandum Sub: Order dated 04th September, 2018 & 13th September, 2018 passed by the Hon'ble National Green Tribunal, New Delhi in O.A. No.173 of 2018 & O.A. No. 186 of 2016 in the matters titled "Sudarsan Das Vs State of West Bengal & ors" & "Satendra Pandey Vs Ministry of Environment Forest & Climate Change & Anr."
Respectively - regarding.
This is with reference to the recent orders of the Hon'ble NGT dated 04th September, 2018 in the matter titled Sudarsan Das Vs State of West Bengal & Ors & and other dated 13th September, 2018 in the matter Satendra Pandey Vs Ministry of Environment Forest & Climate Change & Anr. Copies of the orders are enclosed herewith for ready reference.
2. The Hon'ble NGT vide order dated 13th September, 2018 in O.A. No. 186 of 2016 (Satendra Pandey Vs Ministry of Environment Forest & Climate Change & Anr) has inter-alia directed as follows:-
"(i) Providing for EIA, EMP and therefore, Public Consultation for all areas from 5 to 25 ha falling member Category B-2 at par with Category B-1 by SEAC/SEIAA as well as for cluster situation wherever it is not provided:
(ii) Form-1M be made more comprehensive for areas of 0 to 5 ha by dispensing with the requirement for Public Consultation to be evaluated by SEAC for recommendation of grant EC by SEIAA instead of DEAC/DEIAA;34
(iii) if a cluster or an individual lease size exceeds 5 ha the EIA/EMP be made applicable in the process of grant of prior environmental clearance;
(iv) EIA and/or EMP be prepared for the entire cluster in terms of recommendation 5 (supra) of the Guidelines for the purpose of recommendations 6, 7 and 8 thereof;
(v) revise the procedure to also incorporate procedure with respect to annual rate of replenishment and timeframe for replenishment after mining closure in an area;
(vi) the MoEF&CC to prepare guidelines for calculation of the cost of restitution of damage caused to mined-out areas along with the Net Present Value of Ecological Services forgone because of illegal or unscientific mining."
3. In view of the above, the undersigned is directed to forward the copy of the aforementioned order for necessary compliance and inform the Ministry about the action taken.
4. This issues with the approval of the Competent Authority.
Yours faithfully, Encl: As above ( Dr. R. B. Lal ) Scientist 'E' "
40. Environmental Clearance to the Respondent No.7, the Lessee for the sand sairat in question was granted on 23.06.2023 by State Environment Impact Assessment Authority (SEIAA), Assam.
41. The Divisional Forest Officer (DFO), Nagaon Forest Division by his letter dated 17.12.2022 requested the Director of Geology and Mining, Assam to prepare the Mining Plan of the Nakhula Beat Sand Mining Permit Area No.3 (at page 216 of the paper book).
42. The Mining Plan was thereafter prepared and issued under Certificate dated 25.12.2022 at page 187 (Colly) of the paper book. In this Mining Plan, GPS Coordinates have been given which permits sand mining upto a depth of 3 mtrs from the top level of 35 the riverbed and extraction of minerals upto a depth of 1.0 mtr. and 1.5 mtrs. width (at page 205 of the paper book) which have not been disputed by the Applicant.
43. The Mining Contract under SECTION-B under the heading 'MINING' Condition no.8 allows the Mining Permit holder, i.e. the Respondent No.7 therein, to extract sand from the Kopili Riverbed (at page 205 of the paper book). It further provides that the depth of the mining will not any ways exceed 3 (three) meters at any point in the Contract area from the top of the unmined surface of riverbed as per Rule 39(iii) of Assam Minor Mineral Concession Rules, 2013.
44. The Mining Plan further under the heading 'PROGRESSIVE MINE CLOSURE PLAN' (at page 206 of the paper book) provides that the Mining is to be done for production of Sand from Riverbed and mining of minerals must be carried out by maintaining three numbers of benches up to a maximum depth of 3 metres.
45. We have examined the Mining Aplan in detail and we have not been able to find anywhere that the certificate granted in favour of the Lessee, the Respondent No.7 has anywhere permitted the Lessee to carry out mining inside the river and away from the active banks keeping a distance of 7.5 meters or 10% of the total width of the river but the Mining Plan at page 133 of the paper book mentions that the Kopili River has a variation of its width, the average width in proposed Mining Contract area is 80m. So, minable width of the river is central 80 m x ¾ = 60 m".
46. The Mining Plan in SECTION-A under the heading 'LOCATION OF THE PROPOSED CONTRACT AREA' (page 136 of the paper book) mentions that The proposed site is a Riverbed under the jurisdiction 36 of Morigaon Range, Morigaon of the Nagaon Forest Division, Nagaon, District of Nagaon, Assam.
47. The Minable area at Item No.5 of the Chart at page 136 of the paper book mentions that the total mining area is 4.10 hectares, area calculated as per GPS Coordinates.
48. In SECTION-B under the heading 'MINING' at Item 6 (at page 143 of the paper book) it is mentioned that The Kopili River has a variation of its width, the Average width is 80m, so the Minable width of the river is central 80 m x ¾ = 60 m.
49. Thus from perusal of the Mining Plan and the Inspection Report of the site inspection carried out on 08.12.2023, it is absolutely clear that the Mining Plan was granted in favour of the Respondent No.7 by the Director of Geology and Mining, Assam in absolute violation of the Sustainable Sand Mining Management Guidelines, 2016 and Enforcement and Monitoring Guidelines for Sand Mining, 2020 (EMGSM) which clearly prohibits mining of sand in the riverbed.
50. We also find that State Environment Impact Assessment Authority, Assam has not applied its mind to the grave errors and illegalities in the Mining Plan, approved by the Director of Geology and Mines in gross violation of the Sustainable Sand Mining Guidelines 2016, and has mechanically issued the Environmental Clearance based on an illegal Mining Plan.
51. We find that the Director of Geology and Mining, Government of Assam has acted with complete non-application of mind to the Sand Mining Guidelines while granting approval to the Mining Plan and thereby causing immense loss to the State exchequer by way of loss of revenue.
37
52. The Committee has recommended that the mining at the Site must be closed immediately.
53. We therefore dispose of this Original Application with a direction to the District Magistrate, Morigaon, Assam and the District Mining Officer, Morigaon, Assam to ensure that the Sand Mining in the Nakhula Beat Sand Mining Permit Area No.3, district - Morigaon, Assam is closed. The State Authority shall also proceed to compute Environmental Compensation against the Respondent No.7. We also refer the matter to the Chief Secretary, Assam for appropriate action against the Director of Geology and Mining, the Respondent No.8.
54. I.As, if any, stand disposed of accordingly.
55. There shall be no orders as to costs.
.....................................
B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 23, 2025, Original Application No.169/2023/EZ SKB 38