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National Green Tribunal

Sunil Kumar vs Union Of India on 27 November, 2025

Item No.02

                 BEFORE THE NATIONAL GREEN TRIBUNAL
                     CENTRAL ZONE BENCH, BHOPAL
                      (Through Video Conferencing)

                       Original Application No.112/2025(CZ)

Sunil Kumar                                                              Applicant(s)

                                           Vs.

Union of India & Ors.                                                   Respondent(s)

Date of Hearing: 27.11.2025

CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
       HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER


      For Applicant (s):              Mr. Raja Ujjwal, Adv.

      For Respondent(s) :             Mr. Dharamvir Sharma, Adv. for MoEF&CC
                                      Mr. Prashant M. Harne, Adv. for State of M.P.
                                      Ms. Parul Bhadoria, Adv. for MPPCB
                                      Ms. Mansi Bachani, Adv. for R-7

                                       ORDER

1. The issue raised in the present application pertains to illegal mining and stone crushing in the land situated in Forest Compartment No.52 by the Respondent No.7 - Pradeep Patel, for cessation of which prayer was made by the Applicant.

2. The Tribunal had directed constitution of a Joint Committee which has submitted its report dated 11.10.2025 wherein following observations were made:-

"Observations:

1. The committee along with the applicant and other officials visited the site on 08th October 2025 to record the status of the site. During visit it is observed that a stone crusher and boulder mine was established by Sh. Pradeep Patel s/o Sh. Badameelal Patel at Khasra No. 03, Village-Gondra, Dist. Rasien. As per revenue map site is government located in Khasra No. 03 and as per forest map said land is located in forest compartment PF 52. So forest and revenue land boundary is not clear. Cutting of is not observed at site.

O.A. No.112/2025(CZ) Sunil Kumar Vs. Union of India & Ors.

2. GPS location of the Khasra No.03, Village Gondara, Tehsil & District Raisen (M.P.), has been recorded using a mobile-based GPS application.

3. Mining lease for 10 years on 2.105 hectare of land at khasra number 03 of village Gondara was allotted to Sh. Pradeep Patel s/o Sh. Badameelal Patel in year 2008 and mining lease was subsequently renewed for next 10 year in the year 2018.

4. Forest Department Raisen has issued No Objection Certificate (NOC) for mining activities on above stated land in year 2008, 2015 and 2017. On the above stated land Project Proponent has also obtained Environmental Clearance (EC) from District Environment Impact Assessment Authority (DEIAA), Raisen on dated 01/10/2018.

5. M.P. Pollution Control Board has granted consent under Water (Prevention and Control) Act, 1974 and Air (Prevention and Control) Act, 1981 to M/s. Pradeep Patel Mining Unit (2.105 ha), Khasra No.03. Village Gondara, Tehsil & District - Raisen (M.P.) on dated 06/08/2021 with validity up to 16/07/2026.

6. As per Hon'ble NGT order dated 07/12/2022 in OA No. 142/2022 all valid Environmental Clearance (EC) issued by DEIAA shall be reappraised through SEAC/SEIAA. It is directed that all concerned SEACs shall reappraised the EC issued by DEIAA between 15/01/2026 and 13/09/2018 (including both dates) and all fresh ECs in this regards shall be issued by SEIAAs only after such appraisal. In compliance of Hon'ble NGT order Project Proponent had applied for getting EC appraisal from SEIAA.

7. In reference to Hon'ble NGT order dated 07/12/2022 in OA No. 142/2022 Central Pollution Control Board (CPCB) has issued direction under section 18(1)(b) of the Air (Prevention and Control) Act, 1981 and Water (Prevention and Control) Act, 1974 vide letter No. CM-13011/94/2024-LAW-HO-CPCB-HO/1317 on dated 03/05/2024. As per CPCB direction consent granted to unit, which have mining leases executed on the basis of ECs granted by DEIAA after 13/09/2018, shall be revoked and issue closure order. Hence in compliance of direction MPPCB has revoked consent issued under Air (Prevention and Control) Act, 1981 and Water (Prevention and Control) Act, 1974 vide letter dated 09/08/2024."

O.A. No.112/2025(CZ) Sunil Kumar Vs. Union of India & Ors.

3. A perusal of the report would indicate that the Respondent No.7 has now stopped the mining activities because the Consent has been revoked as the re-appraisal has not been got done by the SEIAA.

4. Ms. Mansi Bachani, learned Counsel for the Respondent No.7 - Private Respondent, has put in appearance and seeks time to file objection against the Joint Committee Report as well as the reply, for which we allow her four weeks time. The other Respondents may file their reply affidavits within four weeks.

5. Put up this matter for next consideration on 03rd February, 2026.

Dinesh Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 27th November, 2025, Original Application No.112/2025(CZ) AK 3 O.A. No.112/2025(CZ) Sunil Kumar Vs. Union of India & Ors.