National Green Tribunal
Devidas Khatri vs District Collector Neem Ka Thana on 25 September, 2025
Item No. 02 to 11
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 55/2025(CZ)
Original Application No.56/2025(CZ)
Original Application No.57/2025(CZ)
Original Application No.59/2025(CZ)
Original Application No.62/2025(CZ)
Original Application No.63/2025(CZ)
Original Application No.64/2025(CZ)
Original Application No.65/2025(CZ)
Original Application No.66/2025(CZ)
Original Application No.73/2025(CZ)
IN THE MATTER OF
Devidas Khatri
S/o Shri Nand Kishore Khatri
R/o 239, Laxmi Nagar, Behind Mangori Walon Ki Bagichi
Brahmpuri, Jaipur-302002.
Applicant(s)
Vs.
1. State of Rajasthan
Through its District Collector
Neem Ka Thana, Collectorate Respondent No. 1
Advocate Colony, Neem Ka Thana
Rajasthan.
2. Director Mines & Safety Directorate
General Mines Safety
Ajmer Region, Anna Sagar Link Road
Ajmer, Rajasthan.
Respondent No. 2
3. Regional Officer
Sikar Rajasthan State Pollution Control
Board Nawalgarh Raod,
Shivsinghpura, Sikar, Rajasthan. Respondent No. 3
4. Assistant Mining Engineer
Department of Mines & Geology
Modi Quarter, Chhawani Road,
Neem Ka Thana , Sikar,
Rajasthan. Respondent No. 4
1
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ)
O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors
O. A No 64/2025(CZ), O. A No 65/2025(CZ)
O. A No 66/2025(CZ), O. A No 73/2025(CZ)
5. M/s Sterling Stones
(ML No. 384/2010 & ML No. 387/2010)
Through Its Authorised Signatory Sky
Heights, 201, Maryada Nagar
Bhuwana, Udaipur, Rajasthan.
6. Gudharam Gurjar
(ML No. 773/2009;
ML no. 768/2009 & Ml No. 758/2009)
R/o Village Udaysinghpura Bhopatpura,
Ghasipura, Tehsil Kotputli,
Jaipur, Rajasthan
7. Naresh Kumar
(Ml No. 621/2003 & 620/2003)
R/o C-57, Raghu Marg, Hanuman Nagar
Jaipur, Rajasthan
8. Vikram Singh Respondent No. 5
(ML No. 761/2009 & ML No. 756/2009)
R/o Village Panwala Rajput, Kalyanpura
Kalan, Pawala, Kotputli
Jaipur, Rajasthan.
9. Sidharth Garg
(ML No 705/2010 & 769/2009)
Plot No. 104, tower-16
Vipul Gress Sohana Marg
Sector 48, South City-2
Gurgaon, Haryana
10. Roop Singh
(ML No. 388/2010) R/o Village Dokan
Neem Ka Thana, Sikar, Rajasthan
11. Shreedhar Agarwal
(ML No. 764/2009)
R/o Village Nahreda, Tehsil Kotputli,
Jaipur, Rajasthan
12. Hanuman Prasad Gurjar
(ML No. 58/2010)
R/o Ramchandala Dhani, Dabla,
Tehsil Neem Ka Thana, Sikar,
Rajasthan.
13. Kavita Joshi
(ML No. 57/2010)
R/o Goverdhan Niwas, Transpot Nagar,
Mayapuri Market, Jaipur Road, Sikar,
Rajasthan.
14. Rajiv Godara
(ML No. 707/2010) Village Rela
Tehsil Neem ka Thana, District Neem Ka
Thana, Rajasthan
2
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ)
O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors
O. A No 64/2025(CZ), O. A No 65/2025(CZ)
O. A No 66/2025(CZ), O. A No 73/2025(CZ)
COUNSELS FOR APPLICANT(S):
Ms. Swasti Choudhary, Adv.
COUNSELS FOR RESPONDENT(S):
Mr. Om Shankar Shrivastava, Adv. for DGMS
Mr. Shubham Soni, Adv. for R-5
Mr. Rohit Sharma, Adv. for RSPCB
Mr. Shoeb H. Khan, Adv. for State of Rajasthan
CORAM:
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER
Date of completion of hearing and reserving of order : 22.09.2025
Date of uploading of order on website : 25.09.2025
JUDGMENT
1. Issues raised in all these applications are the same, thus, are taken together and are being decided by the common order.
2. Heard the learned counsel for the parties and perused the records.
3. Issue raised in these applications are illegal mining by at different mining leases at village Rela, Tehsil Neem Ka Thana, District Neem Ka Thana, Rajasthan. The submission of the learned counsel for the applicant are that the mines are being operated in complete violation of the environment laws and in violations of the conditions of environment clearance and consent to operate. The google image clearly shows that this cluster mining has already caused an irreparable loss to the environment. The mining pits have intersected the ground water table, which is not only harmful for the environment but also dangerous for the life of labourers working in theses mining leases. The quantum of illegal mining shows that the mining leases are being operated unchecked in violation of rules.
31. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ)
4. The mining leases are different and on the application the notices were issued to the Respondent with direction to submit the reply. This Tribunal has also called the joint committee report consisting one representative from the Collector, Neem Ka Thana, Rajasthan and one representative from the state of Rajasthan. Reply by the Respondent has been filed. Report by the joint committee and response on the joint committee has also been filed.
5. The submission of the learned counsel for the applicant are that at village Rela, Tehsil Neem Ka Thana there is cluster of 21 mining lease and mining lease of respondent no. 5 is also part of the said cluster, wherein heavy illegal mining activities are reported in past years. It is submitted that since 2014 the mining lease holders are involved in illegal mining which is evident from various penalties (panchnama) issued by the mining department for illegal mining in and around these mining leases. In the year 2014 itself i.e. during initial operations of the mining leases, the then Mining Engineer issued penalty against 13 mining leases i.e. Ml No. 621/2003; 620/2003;
768/2009; 387/2010; 389/2010; 756/2009; 760/2009; 58/2010;
57/2010; 384/2010; 388/2010; 705/2010 and 707/2010, to the tune of Rs. 1,82,96,604/- out of which Rs. 84,01,558/- was recovered.
6. Imposition of penalty by the mining department had no impact on illegal mining and the same continued since then. In the year 2022, the mining department again issued panchnama dated 16.11.2022 against 07 mining leases namely ML no. 384/2010; 387/2010;
388/2010; 620/2003; 621/2003; 756/2009 and 389/2010 for illegal mining of 2,30,062 tonnes of mineral. Surprisingly, the mining department issued identical panchnama against 06 mining leases for 4
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) illegal mining 3622 tonnes of minerals by each and 01 mining lease for 208330 tonnes of mineral.
It is further submitted that the mining department slept over these panchnama's for more than a year and in the year 2024 issued penalty against these mining leases.
7. In the year 2024 the mining department again issued panchnama's against 07 mining leases i.e. Ml No. 57/2010; 254/2010; 387/2010;
388/2010; 384/2010; 756/2009 and 760/2009 for illegal mining of about 5,26,082 tones of mineral. The action taken with respect to issuance of penalty against theses mining leases by the mining department is just a mere formality. The action instead of putting an end to illegal mining encouraged illegal mining, as if the same is being done under the penalty umbrella of the mining department.
8. The joint committee has submitted the report with the following facts :-
"ग्राम रे ला में कुल 22 खनन पट्टे आवंटित हैं टिनमें 3 खनन पट्टे खण्डित है तथा 19 खनन पट्टे संचाटलत है। 16 खनन पट्टो (एक खनन पट्टा खण्डित 2017 से, 3 खनन पट्टे बन्द है ओर 12 खनन पट्टे चालू है ) पर माननीय राष्ट्रीय हररत प्राटिकरण के ओ.ए. संख्या 55/2025 (CZ), 56/2025 (CZ), 57/2025 (CZ), 59/2025 (CZ), 62/2025 (CZ), 63/2025 (CZ), 64/2025 (CZ), 65/2025 (CZ), 66/2025 (CZ) एवं 73/2025 (CZ) दे वीदास खत्री बनाम स्टे ि ऑफ रािस्थान एि अिट् स के द्वारा माननीय राष्ट्रीय हररत प्राटिकरण, सेन्ट्रल िोन, भोपाल में टवचारािीन है तथा सभी खनन पट्टे खनन क्लस्टर के रूप में आं वटित है। संयुक्त टनरीक्षण के दौरान दे खा गया की टकसी भी दो खनन पट्टो के बीच में सीमांकन नहीं है। सभी खनन पट्टे एक कॉमन टपि में काय्रत है (फोिो संलग्न)। टनरीक्षण के 5
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) दौरान रे ला खनन क्षेत्र के टकसी भी खनन पट्टे में खनन काय् चालू नहीं होने के कारण मौके पर पररवेशी वायु गुणवता की िांच नहीं की िा सकी। मौके पर खनन काय् बंद होने के कारण खनन के दौरान पानी का टिडकाव टकया िाता है या नहीं, सत्याटपत नहीं टकया िा सका। मौके पर वृक्षारोपण नहीं टकया हुआ पाया गया, परन्तु सभी लीििारक टिनके खनन पििा संख्या 756/2009, 761/2009, 384/2010, 387/2010, 773/2009, 768/2009, 620/2003, 621/2003, 769/2009, 705/2010, 388/2010, 764/2009, 58/2010, 57/2010 और 707/2010 ग्राम रे ला में ण्डस्थत है को सघन वृक्षारोपण हेतु काया्लय तहसीलदार (भू.अ.) पािन, टिला सीकर के द्वारा ग्राम पािन में खसरा नं0 1601/756, 755/8, 1605/785 एवं 615/4 भूटम वृक्षारोपण हेतु उपलब्ध करवाई गई है। इस भूटम पर उपरोक्त खनन पट्टा प्रटतटनटियो के द्वारा संयुक्त रूप से 2500 नये पौिे लगाये गये हैं (फोिो संलग्न)। रे ला में ण्डस्थत खनन पिट्टािाररयों द्वारा पूव् में भी नीमकाथाना माईटनंग एं ड केशर वेलफेयर सेवा सटमटत के साथ (टिला कलक्टर, सीकर के द्वारा ग्राम गणेश्वर में उपलब्ध करवाई गई 60 हैक्टेयर भूटम पर) गत वर्षों से वृक्षारोपण का काय् कर रहे हैं। ओ. ए. संख्या 55/2025 (CZ) में संदटभ्त खनन पट्टा संख्या 384/2010 एवं 387/2010 के द्वारा समय-समय पर वृक्षारोपण एवं रख-
रखाव के खचों में सहयोग टकया िाता है ।"
9. Submission of the respondents are that the Mines and Minerals have been regulated in terms of Rule 9 (2) of the Rajasthan Mine Minerals Concession Rule 2017, and necessary actions are being taken in accordance with rules.
10. It is further submitted that, upon finding some irregularity in the audit team by the Indian Audit and Account Department regarding illegal 6
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) mining in the period 18.09.2014, a spot inspection of the mining lease area was conducted by the technical staff of the mining office and certain irregularities were found and after examining the unauthorized extra mining or gap area outside the sanctioned lease boundary, the prevailing royalty @ of 44 per metric ton, the value of the mineral calculated at 10 times of the royalty amount and was assessed and the demand was raised. Some of the amount has been deposited and in some of the matter, there was a one-time settlement scheme and the case was settled. For the plantation activities within the jurisdiction of the mining office, it is submitted that the dense plantation has been carried out under the direction of the District Collector, Sikar and the said plantation area is being protected and maintained by the Neem Ka Thana Mining and Crusher Welfare Association, an association formed by the mining leaseholders and crusher operators.
11. Learned counsel for the State PCB has submitted that the mining has been allotted in accordance with the procedure of the mining rules after obtaining the environmental clearance and consent condition and permission from the Director General of Mines.
12. It is further argued that there are plantations by the mining leaseholders and in the cases where the environmental clearance was granted by the DEIAA, it was further assessed by the SEIAA and the SEIAA has issued the authority/EC or in some of the matter, it is under consideration. The different parameters of EC consent conditions are being examined separately in all other cases which is enumerated below:-
71. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) A. O.A. No. 55/2025 (CZ) i. EC Mining Lease No. 384/2010 & 387/2010 - Valid ii. Consent condition - Issued.
iii. The NOC from DGMS Permission - Issued
13. The penalty has been imposed by the Mining Department during the period 2010 or 2022 and recovery proceeding has been initiated by the department concerned. The lease has been inactivated and non-
operational due to non-payment of the amount and penalty assessed by the Mining Department. The State PCB is in process of issuing notice for mining violations. Since, the EC, consent conditions and DGMS permission are there, thus, the recovery of the penalty is subject to recovery proceeding by the department concerned.
B. O.A. No. 56/2025
i. EC Mining Lease No. 758/2009 & - Valid issued by
773/2009 the SEIAA
ii. Consent condition - Issued and valid
iii. The NOC from DGMS Permission - Issued and valid.
14. The submission of the project proponent is that Respondents No. 5 are having mining leases (ML NO. 758/2009 & 773/2009) for masonry stones in an area of 1 hectare near the village Rela, Tehsil: Neem Ka Thana, District: Sikar, Rajasthan. Answering respondent is operating his mining leases after getting NOC from the concerned department, and he has also obtained NOC from the respondent department for operating his mining lease activity. That, answering respondent has obtained Consent to Establish under section 21 (4) of the AIR (Prevention and Control of Pollution) Act, 1981 from Rajasthan State Pollution Control Board (hereinafter referred to as R.S.P.C.B) vide 8
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) order dated 03.10.2018 for M.L. No. 758/2009, and vide order dated:
24/09/2010 for M.L. No. 773/2009.
15. The answering respondent has also obtained Consent To Operate under section 21 (4) of the AIR (Prevention and Control of Pollution) Act, 1981 from Rajasthan State Pollution Control Board vide order dated 04.09.2023 for his mining lease no 758/2009. Aforesaid, Consent To Operate is valid for a period from 01.09.2023 to 31.08.2028. The answering respondent has also obtained Consent To Operate under section 21 (4) of the AIR (Prevention and Control of Pollution) Act, 1981 from Rajasthan State Pollution Control Board vide order dated 16.08.2023 for his mining lease 773/2009. Aforesaid, Consent To Operate is valid for a period from 01.10.2023 to 30.09.2028.
16. The answering respondent has obtained Environment Clearance from State-level Environment Impact authorities (hereinafter referred to as SEIAA) vide order dated 02.09.2024 for his mining lease no. 758/2009.
The answering respondent has also obtained Environment Clearance from State-level Environment Impact authorities (hereinafter referred to as SEIAA) vide order dated 02.09.2024 for his mining lease no.
773/2009. The permission for the Deep Hole Blasting in his Mining Lease No. 758/2009 from the Director General of Mines Safety, Ajmer Region, under Regulation 106(2) (b) of the Metalliferous Mines Regulation 1961, Vide Order dated: 04/07/2022.
17. It is further submitted that the answering respondent has also obtained the permission for the Deep Hole Blasting in his Mining Lease No. 773/2009 from the Director General of Mines Safety, Ajmer Region, under Regulation 106(2) (b) of the Metalliferous Mines Regulation 1961, Vide Order dated 27.08.2020.
91. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ)
18. In compliance with the environmental and forestry obligations, the leaseholder has also undertaken plantation activities. It is respectfully submitted that the leaseholder has planted approximately 2500 trees on the land allotted by the office of Tehsildar, Patan, District Sikar, bearing Khasra Nos. 1601/756, 755/8, 1605/785, and 615/41.
Further, in addition to the above, the leaseholder has planted trees on hectares of land allotted by the District Collector, Sikar, thereby ensuring large-scale plantation and afforestation measures in line with environmental conditions.
19. It is argued that all the consent conditions are valid and plantation has been done according to rules. The objection by learned counsel for the applicant at that the amount of penalty has been paid but in the response and reply the date of deposit has not been provided. Since, the joint committee report and the Respondent, State Pollution Control Board has admitted, thus, this requires no proof. However, if any amount of penalty is imposed by the State PCB or the Mining Department, it is within their jurisdiction to recover according to rules.
C. O.A. No. 57/2025
i. EC Mining Lease No. 620/2003 & - Valid and issued by
621/2003 the SEIAA
ii. Consent condition - Issued and valid
iii. The NOC from DGMS Permission - Issued and valid.
20. The submission of the learned counsel for the Respondent are that certain amount of penalty was imposed for illegal excavation on 18.09.2014 for which the penalty was imposed. Some of the amount has been deposited and rest are under process of recovery proceedings.
They have also examined the depth of the pit and in this matter the 10
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) depth is reported to be approximately 6 meter and 4 meter. Depth of the public water source in the area is reported to be 21.5 meters and none of the pits were found to be of that extent. However, it is for the State PCB and the Mining Department to examine the individual mines with regard to depth and violation if any.
21. The record shows that the depth is within parameter and the joint committee report has not found anything intersecting the water source.
D. O.A. No. 59/2025 (CZ)
i. EC Mining Lease No. 761/2009 & 756/2009 - Valid issued
by the SEIAA
ii. Consent condition - Issued and
valid
iii. The NOC from DGMS Permission - Issued and
valid.
22. As per the report submitted by the joint committee EC, consent conditions and permission from Director General (Mines) are found to be valid.
23. The submission of the learned counsel for the Respondent-project proponent are that the Respondents No. 5 are having mining leases (MLNO. 761/2009 & 756/2009) for masonry stones in an area of 1 hectare near the village Rela, Tehsil: Patan, District: Sikar, Rajasthan.
Answering respondent is operating his mining leases after getting NOC from the concerned department, and he has also obtained NOC from the respondent department for operating his mining lease activity. The answering respondent has obtained Consent To Establish under section 21 (4) of the AIR (Prevention and Control of Pollution) Act, 1981 from Rajasthan State Pollution Control Board (hereinafter referred to 11
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) as R.S.P.C.B) vide order dated 22.12.2010 for M.L. No. 761/2009, and vide order dated: 05.10.2020 for M.L. No. 756/2009.
24. The answering respondent has also obtained Consent To Operate under section 21 (4) of the AIR (Prevention and Control of Pollution) Act, 1981 from Rajasthan State Pollution Control Board vide order dated 16.08.2023 for his mining lease no 761/2009. It is further submitted that the answering respondent has also obtained Consent To Operate under section 21 (4) of the AIR (Prevention and Control of Pollution) Act, 1981 from Rajasthan State Pollution Control Board vide order dated 05.10.2020 for his mining lease 756/2009. The answering respondent has submitted a renewal application dated 08.07.2025 for Consent To operate in the office of R.S.P.C.B, which is still pending for consideration. That, the answering respondent has obtained Environment Clearance from State-level Environment Impact authorities (hereinafter referred to as SEIAA) vide order dated 02.09.2024 for his mining lease no. 756/2009. It is further submitted that the answering respondent has also obtained Environment Clearance from State-level Environment Impact authorities (hereinafter referred to as SEIAA) vide order dated 02.09.2024 for his mining lease no. 761/2009.
25. That, the answering respondent has obtained the permission for the Deep Hole Blasting in his Mining Lease No. 756/2009 from the Director General of Mines Safety, Ajmer Region, under Regulation 106(2) (b) of the Metalliferous Mines Regulation 1961, Vide Order dated: 04.07.2022. That, without prejudice, it is submitted that certain penalties were imposed on the basis of ex-party panchanama/mauka report upon the answering respondent in respect of ML No. 756/2009, against which the answering respondent has deposited the Penalties of 12
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) ₹9,04,993/- and ₹16,13,993/- in the office of mining department and recently deposited the Penalty of ₹27,79,905/ under the provision of Amnesty Scheme introduced by the State Government. Thus, the answering respondent has deposited the entire penalty amount in the no office of the mining department, and there is penalty/deficiencies existing in favour of the answering respondent. The answering respondent has duly complied with departmental orders, and there is no subsisting liability.
26. That, in compliance with the environmental and forestry obligations, the leaseholder has also undertaken plantation activities. It is respectfully submitted that the leaseholder has planted approximately 2500 trees on the land allotted by the office of Tehsildar, Patan, District Sikar, bearing Khasra Nos. 1601/756, 755/8, 1605/785, and 615/41. Further, in addition to the above, the leaseholder has planted trees on 6 hectares of land allotted by the District Collector, Sikar, thereby ensuring large-scale plantation and afforestation measures in line with environmental conditions. Depth of the mining is also found to be not intersecting the water source and the amount of penalty has been paid under the provision of Amnesty Scheme introduced by the State Government.
E. O.A. No. 62/2025 (CZ)
i. EC Mining Lease No. 769/2009 & - Valid issued by the
705/2010 SEIAA
ii. Consent condition - Issued and valid
iii. The NOC from DGMS Permission - Issued and valid.
27. With regard to Mining Lease No. 769/2009 & 705/2010 the
respondent has argued that Respondents No. 5 are having mining leases (ML No. 705/2010 and 769/2009) for masonry stones in an 13
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) area of 1 hectare near the village Rela, Tehsil: Patan, District: Sikar, Rajasthan. Answering respondent is operating his mining leases after getting NOC from the concerned departments, and he has also obtained NOC from the respondent department for operating his mining lease activity. Respondent has obtained Consent To Establish under section 21 (4) of the AIR (Prevention and Control of Pollution) Act, 1981 from Rajasthan State Pollution Control Board (hereinafter referred to as R.S.P.C.B) vide order dated 03.01.2012 for M.L. No. 705/2010, and vide order dated: 29.06.2021 for M.L. No. 769/2009 and also obtained Consent To Operate under section 21 (4) of the AIR (Prevention and Control of Pollution) Act, 1981 from Rajasthan State Pollution Control Board vide order dated 07.03.2025 for his mining lease no 705/2010. Aforesaid, Consent To Operate is valid for a period from 07.03.2025 to 28.02.2030. Respondent has also obtained Consent To Operate under section 21 (4) of the AIR (Prevention and Control of Pollution) Act, 1981 from Rajasthan State Pollution Control Board vide order dated 29.06.2021 for his mining lease 769/2009.
Aforesaid, Consent To Operate is valid for a period from 21.06.2021 to 31.05.2026. The Respondent has obtained Environment Clearance from State-level Environment Impact authorities (hereinafter referred to as SEIAA) vide order dated 21.02.2025 for his mining lease no.
705/2010. The respondent has also obtained Environment Clearance from SEIAA vide order dated 21.02.2025 for his mining lease no.
769/2009. The answering respondent has obtained the permission for the Deep Hole Blasting in his Mining Lease No. 705/2010 from the Director General of Mines Safety. Ajmer Region, under Regulation 106(2) (b) of the Metalliferous Mines Regulation 1961, Vide Order dated: 01.04.2023 and the permission for the Deep Hole Blasting in 14
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) his Mining Lease No. 769/2009 from the Director General of Mines Safety, Ajmer Region, under Regulation 106(2) (b) of the Metalliferous Mines Regulation 1961, Vide Order dated 07.04.2023.
28. It is further argued that the amount of penalty has already been deposited in the office of the Mining Department and there are no violation reported.
F. O.A. No. 63/2025 (CZ) i. Mining Lease No. 388/2010 - Valid issued by the SEIAA ii. Consent condition - Issued and valid iii. The NOC from DGMS Permission - Issued and valid.
29. Learned counsel for the respondent has submitted that the EC for mining lease no. 388/2010 is valid and environmental clearance has been issued from the SEIAA held vide meeting dated 23.12.2024 the consent condition and the relevant permission have been taken from the competent authorities. The amount of penalty which has been imposed by the mining department, part of the amount has been deposited and rest of the amount is under scrutiny by the concerned authorities subject to realisation according to rules.
G. O.A. No. 64/2025 (CZ) i. Mining Lease No. 764/2009 - Valid issued by the SEIAA ii. Consent condition - Issued and valid iii. The NOC from DGMS Permission - Issued and valid.
30. With regard to mining lease no. 764/2009 it is submitted by the learned counsel for the Respondent that the answering respondent is holding valid mining leases bearing ML No. 764/2009, and is operating 15
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) strictly in accordance with law. The answering respondent has obtained all necessary statutory approvals, including:
• Consent to Establish from RSPCB (of ML No. 764/2009 is dated 24.09.2010) • Consent to Operate from RSPCB (of ML No. 764/2009 is valid up to 31.08.2029), • Environment Clearances from SEIAA dated 22.02.2025, and, • Permission for Deep Hole Blasting received from DGMS (for ML No. 764/2009 is dated 07.04.2023) Thus, the allegations of haphazard or illegal operation are wholly incorrect. Nothing has been stated in reply to the above contention relevant document has been attached, thus, the mining has been operated with valid consent conditions. So far as, recovery of any previous dues are concerned, this is within the domain of the concerned authority.
H. O.A. No. 65/2025 (CZ)
31. As per report submitted by the joint committee and the contention raised by the learned counsel for the State PCB the environmental clearance from the competent authority SEIAA was granted vide order dated 03.09.2024 and no objection certificate has been issued by the Director General of Mines vide order dated 25.10.2022, the consent conditions by the State Pollution Control Board has been issued.
Nothing adverse has been reported. Only objection raised by the learned counsel for the applicant is that the amount of previous penalty was deposited but the date of deposition has not been provided by the committee or the respondent. Since, the deposition is admitted 16
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) thus, the concerned authority may proceed, in-case of any dues, this has no relevance with the statement.
I. O.A. No. 66/2025 (CZ)
32. As per report submitted by the joint committee the mining lease was granted in favour of the project proponent (Mining Lease No. 57/2010) and the environmental clearance was granted by the SEIAA on 05.06.2024. The consent condition has been obtained and issued by the State Pollution Control Board. The mining is being done after obtaining all relevant consent conditions. So far as the previous penalty is concerned some of the amount has been deposited and some are pending for deposition. It is left to the department concerned to proceed in accordance with law. The same objection with regard to the date of deposition of amount and they were has been raised which is left to the concerned Mining Department to take action according to rules.
J. O.A. No. 73/2025 (CZ)
33. The report submitted by the joint committee discloses that the relevant EC, learned counsel for the respondent State Pollution Control Board has submitted that during the inspection, it was observed that there is demarcation between any two mining plots; all operations are carried out in a common pit. Copy of the Inspection Report (Mauka Report) is already filed by Respondent No. 3 in the Joint Committee Report. That the ambient air quality could not be tested on-site due to cessation of mining operations at the time of inspection. Sprinkling of water during mining could not be verified for the same reason. That tree plantation was not found to have been out at the carried respective mining sites.
However, leaseholders operating under mining lease No. 707/2010, situated in village Rela, have been directed by the Office of the 17
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) Tehsildar (Land Revenue), Patan, District Sikar, in to carry out plantation activities village Patan. Accordingly, land bearing Khasra Nos. 1601/756, 755/8, 1605/785, and 615/4 has been allotted for plantation. A total of 2500 new saplings have been planted jointly by the mining lease holders on the said land. Photographic evidence of the new saplings is already annexed in the Inspection Report filed by Respondent No. 3.
34. That Mining lease holders located in village Rela have been carrying out tree plantation activities the past in collaboration with Neem ka Thana Mining and Crusher Welfare Seva Samiti, over 60 hectares of land made available in village for few years Ganeshwar by the District Collector, Sikar. Mining Lease No. 707/2010, referred to in the Original Application, has been contributing towards the plantation and maintenance expenses time. That Mining Lease No. 707/2010pertains to theja Stone over an area of 1.00 hectare, located near Village Rela, Tehsil Patan, District Sikar, and is held in the name of Shri Rajiv Godara, son of Shri Atmaram Godara. The lease was granted by the Mining Engineer, Mines and Geology Department, Sikar, vide registered оn order dated 20.04.2011, and was 09.03.2012 for a period of 20 years. According to the report dated 01.07.2025 from the Assistant Mineral Engineer, Mines and Geology Department, Neemkathana, illegal mining was found outside the approved lease area. A panchnama dated 18.09.2014 recorded 7273.9464 tonnes of illegally mined Cheja Stone, for which an amount of 21,87,184/- was due. Due to non-payment, the lease was cancelled on 31.07.2017, and the area was taken into departmental possession on 16.08.2017. The initial consent to operate was issued by the Regional Office, Rajasthan State Pollution Control Board (RSPCB), Sikar on 01.10.2012, with the 18
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) last valid consent expiring on 30.09.2018. The approved production capacity was 98,363 tonnes per annum. As per the letter dated 24.08.2023 issued by the Divisional Headquarters of RSFCB, Jaipur, mining leases with an area less than 5 hectares are inspected as per requirement.
35. That the mining lease is located near Village Rela, Tehsil Patan, District Sikar, which falls within the Patan block declared as "over-
exploited" by the Ground Water Department, Sikar. The depth of the public water source in the area is 21.5 meters. However, the inspection reports do not provide specific details ΟΙ conclusive remarks regarding whether the mining pits intersect with or impact of the water table or aquifer. Additionally, the depth the working pits has not been mentioned, resulting in a lack of clarity about the extent of groundwater extraction or effect.
36. It is further submitted that, after inspection by the State PCB, some irregularities have been found, and show-caused notice has been issued against the violating unit. The State PCB and the Mining Department are at liberty to proceed in accordance with law, in-case there are irregularities in violation of environmental rules. In all the cases, the only point which has been raised is with regard to the penalty imposed by the Mining Department. The Mining Department has submitted that it is within the domain of the Mining Department and the representation and recovery proceedings are going on and will be done in accordance with the law.
37. Learned Counsel for the MP SEIAA has taken help of provisions contained in Madhya Pradesh Sand Mining Transportation, Storage and Trading Rules, 2019, the relevant provisions are quoted below:-
191. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) "3. Restrictions.-
The following restrictions shall be applied with regard to mineral sand,-
(1) No vehicle shall cause to be transported the mineral sand from the sanctioned quarry or storage place without prescribed transit pass.
(2) No vehicle shall cause to be transported without substantial entry in Transit Pass (as quantity of mineral, date/time of transport, time to be taken to reach to destination place, etc.).
(3) No person, except the valid contractor, shall be permitted to store mineral sand for commercial purpose or for use in commercial construction, quantity more than the quantity specified in these rules.
(4) The vehicles engaged in sand transportation without GPS or establishing of machine of equivalent technique as prescribed, shall be prohibited after the date of notification by the State Government.
(5) Extraction and removal of sand from the following area shall be prohibited as provided in sustainable sand mining guidelines, 2016 issued by Government of India,-
(a) within 200 meters from any bridge;
(b) within 200 meter upstream and downstream areas of any water supply scheme or water resources 20
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) scheme;
(c) within 100 meter from edge of national highway and Railway line;
(d) within 50 meter from any canal, reservoir or building;
(e) within 50 meter from edge of state highway and 10 meters from edge of other village road;
(f) within fixed distance from any areas which has been built to control the flood;
(g) within 200 meter distance from the place of cultural, religious, historical, and archaeological importance or within the distance as provided in the Act/Rule;
such areas which have been declared prohibited by Collector due to environmental or other reasons: Provided that, on receipt of representation, permission to grant for mining within the limit of prohibited area may be considered, after getting NOC/Consent from the concerned administrative department.
(6) There shall be complete ban on mining, loading and storage of sand by machines from the sanctioned quarries in river Narmada. Sand mining, loading and storage from quarries having area up to 5.00 hectare situated on other rivers shall be done by the committee of local labourers and quarries having area more than 5.000 hectare, local labourers shall be given priority for sand mining, loading and 21
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) storage. The use of machines for sand mining in other rivers may be given depending upon the requirement and approval in mining plan and environmental clearance.
5. (1) Demarcation of sand quarries -
The Collector, shall identify new sand bearing areas in rivers or on other places of the State. D.G.P.S. survey shall be carried out and its location on revenue map alongwith Latitude and Longitudes shall be marked:
Provided that the sand quarries demarcated and declared prior to the commencement of these rules, may be amended by following the same procedure as required.
(2) Declaration of sand quarries The sand quarry identified as per sub-
rule (1) above shall be declared by the Collector, after making such inquiry as he deems fit, on receipt of information/application/proposal. Prior to declaring sand quarry, opinion from the concerned Gram Panchayat/Urban Body shall be obtained and for this purpose a formal order shall be issued:
Provided, if no opinion/advise of the concerned Gram Panchayat/Urban Body is received within a period of 15 days, the Collector, by presuming that there is no objection, shall declare new 22
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) sand quarries in non-scheduled areas only:
Provided further that, if any objection is received from concerned Gram Panchayat/Urban Body within stipulated period, the Collector by disposing off the objections on merit shall take appropriate decision regarding declaration of quarry:
Provided further that, prior to declaration of sand quarry consent/no objection of Gram Sabha shall be mandatory in scheduled areas: Provided also that, the declaration of such sand bearing areas shall not be necessary separately which are operational or have been auctioned earlier.
(3) Making of group of the sand quarry.-
(a) The Collector shall make the group of sand quarries and send proposal to the Director along with details of area, boundary, revenue map, Khasra-Panchsala, Latitude-
Longitude for each quarry included in group.
(b) The group shall be constituted on the basis of geographical location and revenue boundary (Tehsil, District) as for as possible.
(c) While making the group, total area of sand quarries included in the 23
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) group and approximate available quantity of sand shall be taken into consideration.
(d) The proposal of constituted group sent by the Collector shall be finalised by Director.
12. Statutory Permissions The statutory permissions/formalities for each sand quarry of the group may be obtained/completed, as per rule. All the statutory permissions (e.g. Mining Plan, Environmental Clearance, Water and Air Consent etc.) required for the operation of the sand quarry shall be obtained by the successful tenderer. The successful tenderer may start mining operation only after obtaining the statutory permissions as per rule 14. Excavation without statutory permission or excavation in excess quantity than permitted quantity in statutory permission, in such condition 100% cost of the excavated mineral and amount of compensation towards environmental damage shall be recoverable from the contractor. The statutory permission are as follows:-
(1) Mining Plan-
(a) The successful tenderer shall submit mining plan for approval to the Collector within a period of one month from the date of issuance of letter of intent. The Mining Plan shall be prepared by the Recognised Qualified Person (R.Q.P.), 24
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) authorised by the Director.
(b) The mining plan shall consist of the location (latitudelongitude) of the mines, quantity of mineable sand available in the sand quarry and other issues, as provided for in Madhya Pradesh Minor Mineral Rules 1996.
(c) The Collector shall approve the mining plan on the basis of recommendations of the technically qualified officer (Post Graduate Degree Holder in Geology/Applied Geology) of the department posted in the district and in case if in any district technically qualified officer is not posted, in such case concerned Regional head or Director shall approve the mining plans.
(d) The mining plan shall be prepared only on the basis of actual quantity available/estimated and all the Mining operations shall be carried-out in accordance with the approved mining plan.
(2) Environmental Clearance- The successful tenderer after getting approved mining plan, within a maximum period of 15 days, shall submit application before the competent authority to obtain Environmental Clearance in accordance with notification issued by Ministry of Environment, Forest and Climate Changes.
(3) Water and Air Consent- The successful tenderer after getting environmental clearance 25
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) within a maximum period of 7 days, shall submit application before the competent authority for obtaining the consent under the Water (Prevention of pollution and control) Act, 1974 and the Air (Prevention of Pollution and Control) Act 1981.
(4) Permissible Quantity-The mining
shall be permitted up to mineable
quantity fixed in mining plan,
environmental clearance, water and
air consent (whichever is less).
(5) The annual contract amount shall not be reduced in any case if there is reduction in mineable quantity in approved mining plan, environmental clearance, water and air Consent.
(6) All the above statuary permissions shall be obtained within a time limit. The corporation shall supervise for the permissions being taken for each group by the group contractor. In case of any delay, carelessness or lack of interest proceedings for cancellation of letter of intent may be initiated.
14. Commencement of the Mining Operations.--
(1) The successful tenderer, after execution of agreement and registration but prior to commencement of the mining operation, shall inform to the Collector about such intention. After Commencement of the mining operation the objection regarding available quantity of mineral in quarry, 26
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) approach road and other related issues shall not be acceptable.
(2) On the condition of depositing the contract amount of the group on the prescribed date as mentioned in the agreement, the mining operation of the quarry may be started as and when the statutory permission is received. It shall not be compulsory to obtain statutory permission for all the quarries of the group simultaneously.
26. Provisions for transition period.--
(1) After commencement of these rules, there may be delay in complete execution of these rules, and due to nonoperation of sand quarries, deficiency in supply of sand may result, hence these provisions are being made. Some of the sand quarries which were auctioned previously and are in operation, the period of those quarries is up to March 2022. Besides this, some quarries which have been handed over/allotted to Gram Panchayat under provision of Madhya Pradesh Sand Rules 2018 are also in operation at present, the contractors of the group shall start immediately proceedings of transfer of permissions under environmental rules of such quarries.
(2) Other sand quarries transferred to panchayat in which operations have been started after the 27
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) completion of formalities, all such quarries may remain date of start of operation be operated by Panchayat/Urban Bodies till 31st March 2020 or by the new group contractor from after execution of agreement, whichever is earlier.
(3) From the date of commencement of these rules, the contractors of the auction quarries, may surrender the quarries. Surrender of such sand quarries shall be accepted, giving exemption in condition of agreement and security amount shall be refunded as per eligibility.
(4) Such quarries which have been surrendered or the period has been expired, shall be deemed to be included in the group which have been identified at the time of inviting tender. The contractor of the group shall complete all the statutory formalities for operation of such included quarries. In respect of this new quarry included additionally in the group, the amount of royalty as calculated per cubic meter shall be paid on the basis of the highest tender amount received for that group. The period of new quarry included shall be up to the period of expiry of contract.
(5) If during the period of operation of contract, any proposal for new quarry is received to the Collector, the Collector after such enquiry, as deems fit may include 28
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) quarry in the nearest suitable group. The period of new quarry shall be the period of expiry of contract. The contractor of the group for despatch of sand from such new quarry shall deposit the amount on the basis of the highest tender amount received at the rate of per cubic meter for that group. Maximum of 25% of total permitted quantity for the group contract shall be allowed to be added in case of new quarry.
(6) The group or" quarries of the group remained vacant temporarily under the provisions of this rule or due to other reasons may, in public interest, be operated by the department or by the corporation for ensuring availability of sand."
38. Consequent upon the decision taken at the United Nation Conference on Human Environment held in Stockholm, the Parliament enacted the Environment (Protection) Act, 1986 in September, 2006. The parent EIA Notification dated 14.09.2006 was issued by the MoEF & CC under Section 3 of the EP Act with an endeavour to provide a substantive legal framework and comprehensive procedural mechanism for evaluation, assessment and monitoring of the Environmental Impact on the land, air and water due to various projects undertaken by person in all sectors throughout the territory of India. The EIA Notification dated 14.09.2006, regulated certain activities including mining of minor mineral as laid down in the schedule therein and provided that a prior environmental clearance is mandatory for such regulated and specific projects across all sectors.
291. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) The notification provided for constitution of central and state level environmental impact assessment authorities, SEIAA manned by professional, experts and technical individuals that shall screen, scope and appraise projects from an environmental prospective and further monitor the same from time to time, in order to achieve much desired goals of sustainable development. The MoEF & CC issued notification dated 15.01.2016 which amended the EIA Notification, 2006 by introducing clause 7 (III) (A) which mandated for the preparation of DSR for sand mining or River Bed Mining and mining of other mineral.
Vide another notification dated 20.01.2016, the MoEF & CC constituted the DEIAA and the DEAC. The DEIAA comprised of 04 members and headed by District Magistrate whereas DEAC comprised of 11 members, who were mostly the government officer's bureaucrats.
Further, MoEF & CC issued the Sustainable Sand Mining Management Guidelines, 2016 with an endeavor to ensure that sand and gravel mining is done in an environmentally sustainable and socially responsible manner, and to further ensure the conservation of river equilibrium and its natural environment by protection and restoration of the ecological system. One of the key and nodal objectives enumerated in the SMMG, 2016 was the preparation of the DSR report that would identify the areas of aggradations/deposition where mining can be allowed, and identification of areas of erosion and proximity to infrastructural structures and installation wherein mining should be prohibited.
39. In the case titled Anjani Kumar v. State of U.P. 2017 SCC Online NGT 979 vide its Judgment dated 8.12.2017 held that a District Survey Report (DSR) is a pre-requisite and conditional precedent before the 30
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) grant of any mining leases of sand and bajri. The Relevant portion is extracted below:
"31. From the extracted portion, it could well be understood that to begin with the process prescribed for preparing of survey document mapping the status of the sand sources in a District is an integral but an essential part. The Survey has to be conducted and report be prepared for each District. It must also be noticed that while taking into consideration the fact that rivers cut across districts and States and every river is an ecosystem in itself but keeping in mind the fact that district is a most established unit of administration conduct of survey, planning and monitoring can be ensured effectively, the scheme proposed that every district will prepare this document (District Survey Report) taking river stretch in that district as an ecological and inventorising other sources of sand in the district...
65. Thus there is merit in the contention of the applicant that the District Survey Report is not only an important act but it should be conducted prior to sanctioning of the permission/concession.
71. In other words it is evident that absence of the factual District Survey Report after due inspection grant of mining lease will be in conflict of the environmental laws as sand mining lease could be granted in an area only when aspect of replenishment of miner mineral especially in river sand is clearly established.31
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ)
96. It is true that under the Mining Policy, Rules the State is empowered to conduct survey for the purpose of inviting bids opine. The preparation of DSR and obtaining if Environmental Clearance is also a conditional precedent to carrying on mining activity. It is for the State Government to ensure that there is no conflict between two and they are balanced so as to ensure that neither there is scope for illegal mining nor there should be environmental degradation."
40. State of Madhya Pradesh in its rules named Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 has provided the procedure for procurement of mining leases in State with the statutory permissions in accordance with the environmental rules as contained in Chapter-6 Section 12 which has been quoted above. In addition to above, the MoEF & CC, in supplement and addition to the Sustainable Sand Mining Management Guidelines, 2016 issued the Sustainable Sand Mining Management Guidelines, 2020 giving importance to the DSR and monitoring mechanism. The guidelines issued in 2020 in point no.4.1.1 (A) requires that DSR for sand mining shall be prepared before the auction/e-auction/ grant of the mining lease/ Letter of Intent (LOI) by Mining Department or department dealing in the mining activity in the respective state. The DSR is to be prepared in such a way that it not only identified the mineral bearing area but also define the mining and no mining zones considering various environmental and social factors. The State Government shall issue Letter of Intent as per procedure laid down in there Mine and Mineral Concession Rules with due consideration of final DSR and that all districts have been required to prepare a comprehensive mining 32
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) plan as per the provisions of District Survey Report and these report shall be put on the website of district administration. No mining shall be allowed in the area which had not been identified in the comprehensive mining plan of the district.
41. As described in the EMGSM 2020, Mining Plan is an important document to assist the mine owner to operate the mine in a scientific manner. There is no practice for regular replenishment study to ascertain the rate of depositing, plan and section needs to be prepared based on the restrictions provided in letter of intent and provisions of Sustainable Sand Mining Management Guidelines 2016. Therefore, granting EC on the basis of Mining Plan is in violation of the Guidelines and against the principles of sustainable sand mining.
Considering the importance of district survey report, the Ministry of Environment Forest and climate change, after consultation with experts dealing with mining-related matters, formulated the guidelines for the preparation of comprehensive District Survey Report for sand mining. It accordingly, prescribed that District Survey Report for sand mining should be prepared before the auction/e-auction/grant of the mining lease/Letter of Intent (LoI) by Mining department or department dealing the mining activity in respective states. DSR is to be approved at the level of SEIAA with the help of SEAC. It is surprising that MPSEIAA is not taking DSR or Annual Replenishment Study (ARS) into consideration. Had DSR and ARS taken into consideration the discrepancy between the quantity of sand given in NIT and EC can be easily avoided and sand mining would be sustainable. In addition to that it would also eliminate the chances of misuse of EC for illegal mining.
331. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ)
42. Another category of cases includes those in which the mining areas (Khasra/survey numbers) are not given in NIT but EC are granted even for them. Obviously such EC can lead to illegal mining as well as loss of exchequer to the State. It would also disrupt the system of sustainable mining and escape all kinds of monitoring and supervision, as EC would be available but the mining department would not be looking after them. It is completely out of sync so far as the mining administration in States exists.
43. The matter of procedure for DSR was considered by Principal Bench of this Tribunal in O.A. No. 360/2015 vide order dated 26.02.2021 and necessary directions and the method of implementation were discussed in the following manner :-
"Procedure for DSR/EC
12. "Vide order dated 14.10.2020 in O.A. No. 40/2020, Pawan Kumar v. State of Bihar & Ors., the issue of preparation of District Survey Report (DSR) by Experts was considered. Vide Notification dated 25.07.2018 issued by the MoEF&CC, under Section 3(2)(v) of the EP Act, 1986 amending EIA Notification dated 14.09.2006, procedure for preparation of DSR for sand mining/riverbed mining was laid down. The DSR is crucial as it contains Environment Management plan, including the replenishment study and other safeguards and is the basis to consider the environment impact of mining based on which decision to grant the Environmental Clearance is taken. The Tribunal held that for such crucial exercise, the Experts should be out of those accredited by the National Accreditation Board of Education and Training/ Quality Control Council of India (NABT/QCCI) in terms of O.M. of MoEF&CC dated 16.03.2010. Verification by the District Magistrate and evaluation by the SEAC was also necessary. Accordingly, 34
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) following directions were issued in relation to a matter arising from the State of Bihar:-
"(ii) As the DEIAA is not functioning as a consequence of the decision of the Tribunal in Satendra Pandey (supra), the DSR shall be prepared through a consultant(s) accredited by the National Accreditation Board of Education and Training/ Quality Control Council of India in terms of O.M. of MoEF&CC dated 16.03.2010.
(iii) The DSR so prepared shall be submitted to the District Magistrate who shall verify the DSR only in respect of the relevant facts pertaining to the physical and geographical features of the district which shall be distinct from the scientific findings based on the parameters prescribed in the SSMMG2016. After such verification, the District Magistrate shall forward the DSR for examination and evaluation by the State Expert Appraisal Committee (SEAC) having regarding to the fact that the SEIAA comprises of technical/scientific experts. The SEAC after appraisal of the report shall forward it to the SEIAA for consideration and approval if it meets all scientific/technical requirements.
(iv) While preparing the DSR, the MoEF&CC Accredited Agency/Consultant shall scrupulously follow the procedure and the parameters laid down under the SSMMG-2016 and EMGSM2020 read in sync with each other."
13. Considering the above, vide order dated 04.11.2020 in O.A. No. 726 of 2018, Rupesh Pethe v. State of M.P. & Ors., the Tribunal directed that the above direction ought to be followed pan India, as follows:-
"5. The above direction may be followed by the State of MP also for the sake of uniformity. Further information required to be furnished is about the extent of illegal mining, extent of action taken, including the compensation recovered, vehicles seized and other coercive measures and impact of 35
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) such action. The State of M.P. may compile relevant directions on the subject including the binding order of any Courts or Tribunal. This exercise may be undertaken jointly by the Secretary Geology and Mining, Member Secretary State PCB and Member Secretary SEIAA. In light of above, the State may further revise its policy and exercise. Let further compliance status be furnished before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
6. We are of the view that the above directions need to be followed by all other States where the issue of mining is relevant.
7. A copy of this order be forwarded to the Chief Secretaries of all the States and UTs by e-mail for compliance."
Adverse impact of unscientific/unregulated Sand Mining
15. It is undisputed that there is huge degradation of environment on account of unregulated sand mining remains which is otherwise lucrative activity. It poses threat to bio-diversity, could destroy riverine vegetation, cause erosion, pollute water sources, badly affecting riparian ecology, damaging ecosystem of rivers, safety of bridges, weakening of riverbeds, destruction of natural habitats of organisms living on the riverbeds, affects fish breeding and migration, spell disaster for the conservation bird species, increase saline water in the rivers. It has direct impact on the physical habitat characteristics of the rivers such as bed elevation, substrate composition and stability, in-stream roughness elements, depth, velocity, turbidity, sediment transport, stream 36
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) discharge and temperature. Increase in demand of sand has placed immense pressure in the supply of sand resource and mining activities were going on illegally as well as legally without requisite restrictions. Lack of proper planning and sand management disturbs marine ecosystem and upset the ability of natural marine processes to replenish the sand. The Hon'ble Supreme Court (in Deepak Kumar, supra) noted that core group was constituted by the MoEF&CC to examine the impact of minor minerals on riverbeds and ground waters. A draft report was prepared recommending mandatory preparation of mining plan on the pattern of mining plans for major minerals. Further recommendations are reclamation and rehabilitation of abandoned mines, proportion of hydro geo-logical balance for minerals below ground water table limiting depth of mining to 3 meter and identification on locations where mining should be permitted was required. There is need for identifying safety zones in the proximity of intendments. Thus, strict regulatory parameters were required for regulating mining of minor minerals. It was noted that in-stream mining lowers the stream bottom of rivers which may lead to bank erosion. Depletion of sand in the stream bed causes deepening of rivers which may result in destruction of aquatic and riparian habitats. It has impact on stream's physical habitat characteristics.
16. In State (NCT of Delhi) v. Sanjay, (2014) 9 SCC 772, at page 790, it was observed :
"32. The policy and object of the Mines and Minerals Act and Rules have a long history and are the result of an increasing awareness of the compelling need to restore the serious ecological imbalance and to stop 37
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) the damages being caused to the nature. The Court cannot lose sight of the fact that adverse and destructive environmental impact of sand mining has been discussed in the UNEP Global Environmental Alert Service Report. As per the contents of the Report, lack of proper scientific methodology for river sand mining has led to indiscriminate sand mining, while weak governance and corruption have led to widespread illegal mining. While referring to the proposition in India, it was stated that sand trading is a lucrative business, and there is evidence of illegal trading such as the case of the influential mafias in our country."
"33. The mining of aggregates in rivers has led to severe damage to rivers, including pollution and changes in levels of pH. Removing sediment from rivers causes the river to cut its channel through the bed of the valley floor, or channel incision, both upstream and downstream of the extraction site. This leads to coarsening of bed material and lateral channel instability. It can change the riverbed itself. The removal of more than 12 million tonnes of sand a year from Vembanad Lake catchment in India has led to the lowering of the riverbed by 7 to 15 cm a year. Incision can also cause the alluvial aquifer to drain to a lower level, resulting in a loss of aquifer storage. It can also increase flood frequency and intensity by reducing flood regulation capacity. However, lowering the water table is most threatening to water supply exacerbating drought occurrence and severity as tributaries of major rivers dry up 38
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) when sand mining reaches certain thresholds. Illegal sand mining also causes erosion. Damming and mining have reduced sediment delivery from rivers to many coastal areas, leading to accelerated beach erosion.
34. The Report also dealt with the astonishing impact of sand mining on the economy. It states that tourism may be affected through beach erosion. Fishing, both traditional and commercial, can be affected through destruction of benthic fauna. Agriculture could be affected through loss of agricultural land from river erosion and the lowering of the water table. The insurance sector is affected through exacerbation of the impact of extreme events such as floods, droughts and storm surges through decreased protection of beach fronts. The erosion of coastal areas and beaches affects houses and infrastructure. A decrease in bed load or channel shortening can cause downstream erosion including bank erosion and the undercutting or undermining of engineering structures such as bridges, side protection walls and structures for water supply.
35. Sand is often removed from beaches to build hotels, roads and other tourism- related infrastructure. In some locations, continued construction is likely to lead to an unsustainable situation and destruction of the main natural attraction for visitors-- beaches themselves. Mining from, within or near a riverbed has a direct impact on the 39
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) stream's physical characteristics, such as channel geometry, bed elevation, substratum composition and stability, instream roughness of the bed, flow velocity, discharge capacity, sediment transportation capacity, turbidity, temperature, etc. Alteration or modification of the above attributes may cause hazardous impact on ecological equilibrium of riverine regime. This may also cause adverse impact on instream biota and riparian habitats. This disturbance may also cause changes in channel configuration and flow paths.
.....Today, demand for sand and gravel continues to increase. Mining operators, instead of working in conjunction with cognizant resource agencies to ensure that sand mining is conducted in a responsible manner, are engaged in full-time profiteering. Excessive in-stream sand and gravel mining from riverbeds and like resources causes the degradation of rivers. In-stream mining lowers the stream bottom, which leads to bank erosion. Depletion of sand in the stream-bed and along coastal areas causes the deepening of rivers and estuaries and enlargement of river mouths and coastal inlets. It also leads to saline water intrusion from the nearby sea. The effect of mining is compounded by the effect of sea level rise. Any volume of sand exported from stream-beds and coastal areas is a loss to the system. Excessive in-stream sand mining is a threat to bridges, river banks and nearby structures. Sand mining also affects the adjoining groundwater system and the uses that local people make of the river.40
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) Further, according to researches, in-stream sand mining results in the destruction of aquatic and riparian habitat through wholesale changes in the channel morphology. The ill effects include bed degradation, bed coarsening, lowered water tables near the streambed and channel instability. These physical impacts cause degradation of riparian and aquatic biota and may lead to the undermining of bridges and other structures. Continued extraction of sand from riverbeds may also cause the entire stream-bed to degrade to the depth of excavation."
44. Mining within the State is required to be regulated not only by the Mining Department but also by the State Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981and by the MoEF& CC under the Environment (Protection) Act, 1986. The Environmental Laws override other laws and any provision contrary in the Mines Act, 1952 will not stay in the way of enforcing environment norms. The Enforcement and Monitoring Guidelines for Sand Mining, 2020 (EMGSM-2020) seeks to provide effective enforcement and monitoring from the stage of identification of source to its dispatch and in use which requires environment of all stakeholders, Central Government, State Government, Lease Holders, Mine Owners, Distributors, Dealers, Transporters and Consumers. The guidelines issued from the MoEF&CC makes EC mandatory irrespective of the area of mining lease, followed by monitoring in terms of the Environment Management Plan, using IT and IT enabled services.
411. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ)
45. Dealing the similar matter in O.A. No. 173/2018(EZ) Sudarsan Das Vs State of West Bengal & Ors. vide order dated 04.09.2018 this Tribunal observed as follows :-
"18. We may note the salient features of the EMGSM- 2020, which are supplemental to existing SSMG-2016 and seek to provide effective enforcement and monitoring from the stage of identification of source to its dispatch and end use which requires involvement of all stakeholders viz. Central Government, State Government, Leaseholders/Mine Owners, Distributors, Dealers, Transporters and Consumers (bulk & retail). EMGSM refer to the judgment of the Hon'ble Supreme Court in Deepak Kumar Vs. State of Haryana & Ors. (2012) 4 SCC 629 making EC mandatory irrespective of the area of mining lease, followed by monitoring in terms of the Environment Management Plan, using IT and IT enabled services. Monitoring has to be with reference to quantity of mined material, transportation with a view to promote environmental protection, limit negative physiological, hydrogeological and social impacts underpinning sustainable economic growth. Observations in the order of this Tribunal dated 04.09.2018 in O.A. 173/2018 in Sudarsan Das vs. State of West Bengal & Ors. has also been referred to as follows:
"There can be no two views that an effective institutional monitoring mechanism is required not only at the stage when Environmental Clearance is granted but also at subsequent stages"
"The guidelines focus on the preparation of District Survey Report and the Management Plan" ...
We are of the view that all the safeguards which are suggested in sustainable sand mining guidelines as well as notification dated 15.01.2016 ought to be 42
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) scrupulously followed." ...
It is a known fact that in spite of the above- suggested guidelines being in existence, on the ground level, illegal mining is still going on. The existing mechanism has not been successful and effective in remedying the situation." ...
Since there is an utter failure in the current monitoring mechanism followed by the State Boards, SEIAAs and DEIAAs, it is required to be revised for effective monitoring of sand and gravel mining and a dedicated monitoring mechanism be set up."
Further reference has been made to the directions in the order dated 05.04.2019 requiring the 17 States, which were party before the Tribunal viz. West Bengal, Gujarat, Karnataka, Maharashtra, Punjab, Uttar Pradesh, Haryana, Madhya Pradesh, Andhra Pradesh, Bihar, Uttarakhand, Jammu and Kashmir, Goa, Kerala, Telangana and Tamil Nadu and Himachal Pradesh, to follow the revised Guidelines and to review their respective monitoring mechanism. It is then stated that with the object of regulating the mining, the sources of sand and steps required are mentioned which provide for District Survey Report (DSR), Mining Plan, replenishment study, consideration of environment impact while granting EC, laying down conditions for EC, monitoring of transportation to the end user to ensure that only legally mined material is transported. There is need to balance between deposition and extraction of sand as per replenishment study, maintaining surveillance, using Unmanned Artificial Vehicles (UAVs)/Drone for reserves estimation, quantity estimation, land use monitoring. Details about all these aspects have been mentioned in the said Guidelines. With regard to post EC monitoring, there is a provision for environment audit, monitoring of sale and purchase by developing online portal and laying down the levels of 43
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) monitoring i.e. Level 1- Reach/ Stockyard level monitoring, Level 2 - Transportation monitoring, Level 3 - End consumer monitoring/ bulk consumer, Level 4 - Indirect monitoring.
Reference has then been made to the High-Powered Committee incorporating safeguards to be adopted by the project proponents. There is also provision for assessment of compensation for the ecological damage by the State/ PCB/ any other Authority. Inter District and Inter State boundaries are separately dealt with. The uniform monitoring mechanism stipulates:
" 9.4. Monitoring Mechanism xxx.............xxx.......................xxx
1. All precaution shall be taken to ensure that the water stream flows unhindered and process of Natural river meandering doesn't get affected due to mining activity.
2. River mining from outside shall not affect rivers, no mining shall be permitted in an area up to a width of 100 meters from the active edge of embankments or distance prescribed by the Irrigation department.
3. The mining from the area outside river bed shall be permitted subject to the condition that a safety margin of two meters (2 m) shall be maintained above the groundwater table while undertaking mining and no mining operation shall be permissible below this level unless specific permission is obtained from the Competent 44
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) Authority. Further, the mining should not exceed nine-meter (9 m) at any point in time.
4. Survey shall be carried out for identifying the stretches having habitation of freshwater turtles or turtle nesting zones. Similarly, stretches shall be identified for other species of significant importance to the river ecosystem. Such stretch with adequate buffer distance shall be declared as no-mining zone and no mining shall be permitted. The regulatory authority as defined for granting Environmental Clearance, while considering the application of issuance of ToR and/or EC for the adjacent block (to non- mining zone) of mining shall take due precaution and impose requisite conditions to safeguard the interest of such species of importance.
5. District administration shall provide detailed information on its website about the sand mines in its district for public information, with an objective to extend all information in public domain so that the citizens are aware of the mining activities and can also report to the district administration on any deviation observed. Appropriate feedback and its redressal mechanism shall also be made operational. The details shall include, but not limited to, lease area, geo- coordinates of lease area and mineable area, transport routes, permitted capacity, regulatory conditions for operation including mining, 45
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) environmental and social commitments etc.
6. A website needs to be maintain to track the movement of centralised sand mining and a Centralised server system should be made to manage the data related to sand mining across India.
7. The mineral concession holders shall maintain electronic weighbridges at the appropriate location identified by the district mining officer, in order to ensure that all mined minerals from that particular mine are accounted for before the material is dispatched from the mine.
The weighing bridge shall have the
provision of CCTV camera and all
dispatch from the mine shall be
accounted for.
8. The mineral movement shall be monitored and controlled through the use of transit permit with security features like printing on IBA approved MICR papers, Unique bar/QR, fugitive ink background, invisible ink mark, void pantographs and watermarks papers or through use of RFID tagged transit permits and IT /IT-
enabled services. Such monitoring
system shall be created and made
operationalised by State Mining
department and district level mining
officer shall be responsible for ensuring that all legal and operational mines are connected and providing the requisite information on the system. Regular check and associated report shall be submitted to DLTF and uploaded on the website.46
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ)
9. State Government shall constitute a District Level Task Force (DLTF) under the Chairmanship of Deputy Commissioner / District Magistrate / Collector with Superintendents of Police and other related senior functionaries (District Forest Officer, District transport officer, Regional officer-
SPCBs, Senior Officer of Irrigation Department, District Mining Officer) with one/two independent member nominated by the Commissioner concerned.
The independent member shall be retired government officials/teacher or ex- serviceman or ex-judiciary member.
The DLTF shall keep regular watch over the mining activities and movement of minerals in the district. The DLTF shall have its regular meeting, preferably every month to reconcile the information from the mining activity, and other observations made during the month and take appropriate corrective and remedial action, which may include a recommendation for revoking mining lease or environmental clearance. The DLTF may constitute an independent committee of the expert to assess the environmental or ecological damage caused due to illegal mining and recommend recovery of environmental compensation from the miner's concern.
The recommendation may also include action under the provision of E(P) Act, 1986.
10. The area not identified for mining due to restriction or otherwise are also to be monitored on a regular basis by the DLTF.47
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) Any observations of mining activity from the restricted area shall be reported and corrective measures shall be initiated on an urgent basis by the DLTF.
11. The dispatch routes shall be defined in the Environmental Clearance and shall be avoided through densely habituated area and the increase in the number of vehicle movement on the road shall be in agreement with the IRC guidelines / carrying capacity of the road. The alternate and dedicated route shall be explored and preferred for movement of mining to avoid inconvenience to the local habitat. The mining production capacity, by volume/weight, shall be governed by total permissible dispatch calculated based on the carrying capacity of dispatch link roads and accordingly, the production should be regulated.
12. The movement of minerals shall be reconciled with the data collected from the mines and various Naka/check posts. Other measures may also include a general survey of the potential mineable area in the district which has not been leased/auctioned or permitted for mining due to regulatory or other reasons.
13. The location and number of check post requirement shall be reviewed by DLTF on a regular basis so that appropriate changes in location/number could be made as per the requirement. Such review shall be carried out on a regular basis for the district on inter-state boundary or district 48
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) providing multiple passages between two districts of different states.
14. The district administration shall compile the information from their district of the permitted and legal mined out minerals and other details and share such information and intelligence with the officials of the adjoining district (Inter or/and Intra State) for reconciliation. The information shall include the area of operation, permissible quantity, mined out minerals (production) the permitted route etc., and other observations, especially where the mine lease boundary is congruent with the district boundary. Such coordination meeting shall be held on a quarterly basis, alternatively in two district headquarters or any other site in two districts decided mutually by the District Magistrate.
15. The mining department shall include submission of an annual environmental audit report as one of the conditions in the mining lease agreement. The annual audit for each river bed mining lease shall be carried out and the audit report shall be uploaded on the website of district administration. The audit shall be carried out by an independent team of 3 members nominated by District Collector / Magistrate/Commissioner comprising of Ex-
Serviceman, Ex-Government officials of
repute, Professor or Person having
experience of mining/environment. The
guidelines and method of the audit shall 49
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) reflect adequately the monitor-able parameters and output and reflect the compliance status with respect to the conditions imposed by the regulatory authorities including conditions of Environmental clearance.
16. The in-situ and ex-situ environmental mitigative measures stipulated as EMP, CER, CSR and other environmental and safety conditions in mines including the welfare of labours shall properly reflect in the audit report.
9.5 Suggestive additional requirements are-
i. The requirement at the Mine Lease Site:
a. Small Size Plot (Up to 5 hectares):
Android Based Smart Phone.
b. Large Size Plots (More than 5
hectares): CCTV camera, Personal
Computer (PC), Internet Connection, Power Back up.
c. Access control of mine lease site.
d. Arrangement for weight or approximation of the weight of mined out mineral on the basis of the volume of the trailer of vehicle used.
ii. Scanning of Transport Permit or Receipt and Uploading on Server:
a. Website: Scanning of receipt on mining site can be done through barcode scanner and computer using the software;50
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) b. Android Application: Scanning on mining site can be done using Android Application using a smartphone. It will require internet availability on SIM card;
c. SMS: Transport Permit or Receipt shall be uploaded on the server even by sending SMS through mobile. Once Transport Permit or Receipt get uploaded, a unique invoice code gets generated with its validity period.
iii. Proposed working of the system:
iv. The State Mining Department should print the Transport Permit or Receipt with security features and issue them to the mining leaseholder through the District Collector. Once these Transport Permits or Receipts are issued, they would be uploaded on the server against that mine lease area. Each receipt should be preferable with pre-fixed quantity, so the total quantity gets determined for the receipts issued. When the Transport Permit or Receipt barcode gets scanned and invoice is generated, that particular barcode gets used and its validity time is recorded on the 51
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) server. So all the details of transporting of mined out material can be captured on the server and the Transport Permit or Receipt cannot be reused.
v. Checking On Route:
The staff deployed for the purpose of checking of vehicles carrying mined mineral should be in a position to check the validity of Transport Permit or Receipt by scanning them using the website, Android Application and SMS.
vi. Breakdown of Vehicle:
In case the vehicle break-
down, the validity of Transport Permit or Receipt shall be extended by sending SMS by the driver in specific format to report the breakdown of the vehicle. The server will register this information and register the breakdown. The State can also establish a call center, which can register breakdowns of such vehicles and extend the validity period. The subsequent restart of the vehicle also should be similarly reported to the server or call center.
vii. Tracking of Vehicles:
The route of the vehicle from source to destination can be tracked 52
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) through the system using checkpoints, RFID Tags, and GPS tracking.
viii. Alerts or Report Generation and Action Review:
The system will enable the authorities to develop a periodic report on different parameters like daily lifting report, vehicle log or history, lifting against allocation, and total lifting. The system can be used to generate auto mails or SMS.
This will enable the District Collector or District Magistrate to get all the relevant details and shall enable the authority to block the scanning facility of any site found to be indulged in irregularity.
Whenever any authority intercepts any vehicle transporting illegal sand, it shall get registered on the server and shall be mandatory for the officer to fill in the report on action taken. Every intercepted vehicle shall be tracked.
The monitoring of mined out mineral, environmental clearance conditions and enforcement of Environment Management Plan will be ensured by the regulatory authority and the State Pollution Control Board or Committee. The monitoring arrangements envisaged above shall be put in place. The monitoring of enforcement of 53
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) environmental clearance conditions shall be done by the Central Pollution Control Board, Ministry of Environment, Forest and Climate Change and the agency nominated by the Ministry for the purpose.
Some of the State has followed the SSMMG-2016 and has also improvised or customized on the provisions given therein, and are successfully in operation. Salient provision adopted at different stages of sand mining in the state of Tamil Nadu is given as Annexure VIII.
9.5 Actions against illegal excavation and transport Solapur district administration in Maharashtra had adopted a multi-pronged strategy to penalize the persons involved in illegal excavation and transport which resulted in a significant increase in revenue earned by the state. Following rules and procedures as mentioned in these guidelines will add to the costs of PP.
Those involved in illegal activities are not required to bear these costs and this will make their supply in the market cheaper (though illegal).
This will put the players 54
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) running their business by following rules and procedures laid down by the government to disadvantage as far as the selling price is considered.
Therefore, it is necessary to come down heavily on those involved in illegal excavation/transport, so that there is no incentive for players to abide by the rules.
The following action may be taken to achieve this deterrence against illegal business:
1. The action should be taken under all legal options available simultaneously.
Thus, after identifying the case of illegal excavation, storage and/or transport of minor minerals (including sand), fine should be levied as per the land revenue laws/code(s) of the state. In addition, FIR should be lodged in the police station under relevant sections of law including sec 379 IPC.
In addition, action under the Motor Vehicle Act, 1989 and relevant rules should initiate to cancel/suspend the driving license of the driver and permit of the vehicle.
Further, action should be 55
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) initiated under provisions in the Income Tax Act, 1961 for unaccounted income and under the Central Goods and Services Act, 2017 for nonpayment of GST. (Earlier this was done under the state act pertaining to Value Added Tax/Sales Tax).
Habitual offenders should also be taken up under local state laws for externment and/or preventive action. It is clarified that as per law, it is possible to take all actions under various laws simultaneously for one offence. What is prohibited in law is an action under the same law for the same act more than once.
2. The action should be taken against all persons responsible. Often, there is a tendency to penalize only the drivers of the vehicles.
The mafia of illegal mining and transport is much bigger and drivers are only one part of the system. It is necessary to identify all those involved in the offence. It is usually not possible to reach the place of excavation without creating a motorable 56
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) pathway up to the same through land which may be private land. Such role of such landowners needs to be looked into for each offence and proceeded against simultaneously.
Further, the role of vehicle owners needs to be probed.
Role of the person who allowed his land to be used for illegal excavation and storage should also be examined. Lastly, the person who purchases such sand should also be probed.
The legal proceedings stated above needs to be initiated against all of these together.
An attempt should be made to fix the financial responsibility in joint and several ways so that recovery is easier.
3. There may be discretion available in law about the extent of the penalty to be levied. If such discretion is very wide, then it is advisable that guidelines may be laid down to reduce such discretion in law for levying penalties. For example, in Maharashtra, Land Revenue Code, fine of any amount of penalty up to 57
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) thrice the value of the sand can be levied. Solapur district administration had instructed Tahsildars and SDMs not to use discretion and levy the fine of three times the value. Availability of discretion makes junior level functionaries susceptible to pressures and it may also lead to corrupt practices.
4. It is emphasized that actions, as stated above, are most important to ensure that the IT-based system works. If these exemplary actions are not taken against everyone, it shall create a strong disincentive to those involved in legal excavation and transportation. For IT-
based (or any other) legal
system to work, it is
necessary to ensure that
illegal system stops working
altogether."
46. Hon'ble the Supreme Court of India in State of Bihar and Ors vs. Pawan Kumar and Ors etc (Civil Appeal No. 3661-3662 of 2020) decided on 10th November, 2021 considered the essentiality and prerequisite of DSR and held as follows:
"7. It cannot be in dispute that though the 58
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) developmental activities are not stalled, the environmental issues are also required to be addressed. A balanced approach of sustainable development ensuring environmental safeguards, needs to be resorted to. At the same time, it also cannot be ignored that when legal mining is banned, it gives rise to mushroom growth of illegal mining, resulting into clashes between sand mafias, criminalization and at times, loss of human lives. It also cannot be disputed that sand is required for construction of public infrastructural projects as well as public and private construction activities. A total ban on legal mining, apart from giving rise to illegal mining, also causes huge loss to the public exchequer.
8. Taking into consideration these aspects of the matter, we propose to issue certain interim directions.
9. The Tribunal, in the case of Satendra Pandey (supra), has found that the notification dated 15th January 2016, which provided Environmental Clearance to be given by the District Environment Impact Assessment Authority (hereinafter referred to as the "DEIAA") was not in consonance with the judgment of this Court in the case of Deepak Kumar v. State of Haryana and Others2. The Tribunal therefore in Satendra Pandey (supra), had directed Ministry of Environment, Forest and Climate Change (hereinafter referred to as "MoEF and CC) to take steps to revise the procedure laid down in the notification dated 15th January 2016. It is to be noted that MoEF and CC, in accordance with the directions of the Tribunal, had issued Enforcement and Monitoring Guidelines for Sand Mining (hereinafter to referred to as "the 2020 guidelines") in the month of January 2020. Chapter 4 of the 2020 guidelines deals with identification of possible sand mining sources and preparation of DSR.59
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) It will be relevant to refer to Clause 4.1.1 (a), (o) and (p) of the 2020 guidelines:
"4.1 Identification of possible sand mining sources and preparation of District Survey Report (DSR) 4.1.1 Preparation of District Survey Report.
a) District Survey Report for sand mining shall be prepared before the auction/e-
auction/ grant of the mining lease/Letter of Intent (Loi) by Mining department or department dealing the mining activity in respective states.
b) Potential site for mining having its impact on the forest, protected area, habitation, bridges etc, shall be avoided.
For this, a sub divisional committee may be formed which after the site visit shall decide its suitability for mining. The list of mining lease after the recommendation of the Committee needs to be defined in the following format given in as Annexure II. The Sub Divisional Committee after the site visit shall make a recommendation on the site for its suitability of mining and also records the reason for selecting the mining lease in the Patta land..
c) Public consultation- The Comments of the various stakeholders may be sought on the list of mining lease to be auctioned. The State Government shall give an advertisement in the local and national newspaper for seeking 60
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) comments of the general public on the list of mining' lease included in the DSR. The DSR should be placed in the public domain for at least one month from the date of publication of the advertisement for obtaining comments of the general public. The comments so received shall be placed before the sub divisional committee for active consideration. The final list of sand mining areas.
d) [leases to be granted on riverbed & Patta land/Khatedari land, de-siltation location (ponds/lakes/dams), M-Sand Plants (alternate source of sand)] after the public hearing needs to be defined in the final DSR in the format as per Annexure-V. The details regarding cluster and contiguous cluster needs to be provided in Annexure-VI. The details of the transportation need to be provided in Annexure- VII."
10. It could thus be seen that in accordance with the 2020 guidelines, the DSR is required to be prepared before the auction/e-auction/ grant of mining lease by Mining Department or Department dealing with mining activity in the respective States. It is further provided that the potential site for mining having its impact on the forest, protected area, habitation and bridges should be avoided. For this, a sub divisional committee is required to be formed which, after the site visit, is required to decide regarding the suitability of the sites for 61
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) mining. The sub divisional committee is further required to record its reasons for selecting the mining lease in the patta land. Various details are required to be given in the annexure appended to the said policy.
11. It is further to be noted that Appendix-X of the notification dated 15th January 2016, issued by MoEF and CC also provides for composition of the sub divisional committee:
"A Sub Divisional Committee
comprising of Sub Divisional
Magistrate, Officers from Irrigation
department, State Pollution Control
Board or Committee, Forest
department, Geology or mining officer shall visit each site for which environmental clearance has been applied for and make recommendation on suitability of site for mining or prohibition thereof."
12. It is to be noted that with the advent of modern technology, various technological gadgets like Drones and satellite imaging etc. can be used for identification of the potential sites and preparation of the DSR and also to check misuse and unauthorized mining.
13. We further find that when the 2020 guidelines as well as the notification issued by MoEF and CC of 2016 itself provide for constitution of sub divisional committees comprising of the officers of the State Government from various Departments for 62
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) identification of the potential sites for mining, there would be no necessity of the DSRs being prepared through private consultants as directed by the Tribunal in the impugned order. The sub divisional committee consists of various officers from Revenue Department, Irrigation Department, State Pollution Control Board, Forest Department and Geology Mining Department of the State Government. They are better equipped to visit the sites and prepare the draft DSR for the concerned district. Apart from that, preparation of DSR through private consultants would also unnecessarily burden the public exchequer. We are therefore of the view that the direction in that regard issued by the Tribunal requires to be modified. We are further of the considered view that until the DSRs are finalized and granted approval by SEAC and SEIAA, it is appropriate that certain necessary arrangements are permitted so that the State can continue with legal mining activities. This apart from preventing illegal mining activities, would also ensure that the public exchequer is not deprived of its share in legalized mining.
14. We therefore find it appropriate to substitute the directions issued by the Tribunal vide judgment and order dated 14th October 2020, with the following directions:-
i. The exercise of preparation of DSR for the purpose of mining in the State of Bihar in all the districts shall be undertaken afresh. The draft DSRs shall be prepared by the sub divisional committees consisting of the Sub-63
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) Divisional Magistrate, Officers from Irrigation Department, State Pollution Control Board or Committee, Forest Department, Geological or mining officer. The same shall be prepared by undertaking site visits and also by using modern technology. The said draft DSRs shall be prepared within a period of 6 weeks from the date of this order. After the draft DSRs are prepared, the District Magistrate of the concerned District shall forward the same for examination and evaluation by the SEAC. The same shall be examined by the SEAC within a period of 6 weeks and its report shall be forwarded to the SEIAA within the aforesaid period of 6 weeks from the receipt of it. The SEIAA will thereafter consider the grant of approval to such DSRs within a period of 6 weeks from the receipt thereon;
ii. Needless to state that while preparing DSRs and the appraisal thereof by SEAC and SEIAA, it should be ensured that a strict adherence to the procedure and parameters laid down in the policy of January 2020 should be followed;
iii. Until further orders, we permit the State Government to carry on mining activities through Bihar State Mining Corporation for which it may employ the services of the contractors.
However, while doing so, the State Government shall ensure that all 64
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) environmental concerns are taken care of and no damage is caused to the environment".
47. Considering the facts narrated above, the conclusions and directions are as follows:-
i. We direct the State to follow the guidelines issued in Sustainable Sand Mining Guidelines 2016 (SSMG-
2016) as well as Enforcement and Monitoring Guidelines for Sand Mining, 2020 (EMGSM-2020) and also enforce the mechanism for the preparation of DSR, Environment Management Plan Replenishment Studies, Mine Closure Plan, grant of EC, assessment and recovery of compensation, seizure and release of vehicles involved in illegal mining and other safeguards against violation and mechanism for grievance redressal, and the State to fix the responsibility of the officers whose negligence/inaction allowed illegal mining resulting in violation of environmental laws/acts/rules/guidelines as also periodical review at higher level of the State.
ii. A mechanism should be developed for periodic inspection by a five-members Committee, headed and coordinated by the SEIAA and comprising CPCB, State PCB and two expert members of SEAC dealing with the subject as directed by this Tribunal in O.A. No. 360/2015.
651. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ) iii. The Authority be constituted/nominated under Section 3(3) of the Environment (Protection) Act, 1986 as envisaged by Hon'ble the Supreme Court in Goa Foundation Vs. Union of India & Ors.
iv. E-auction/auction/tender should be done in accordance with Sustainable Sand Mining Guidelines 2016 as well as Enforcement and Monitoring Guidelines for Sand Mining 2020 and only where details of approved DSR and Annual Replenishment Study are available.
v. Environmental Clearance (EC) should be accorded only to the limit of auctioned and sustainably permissible quantity.
48. State PCB is directed to periodically monitor the status of the mining within the area and in case of any violation, necessary actions are required to be taken according to rules/laws. State PCB is further directed to monitor that no mining should be permitted intersecting the water source adversely affecting the area ecologically.
49. All the Original Applications with I.As. are disposed of with above direction.
Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 25th September, 2025, O.A. No. 55/2025(CZ), O.A. No. 56/2025(CZ) O.A. No. 57/2025(CZ), O.A. No. 59/2025(CZ) O.A. No. 62/2025(CZ), O.A. No. 63/2025(CZ) O.A. No. 64/2025(CZ), O.A. No. 65/2025(CZ) O.A. No. 66/2025(CZ), O.A. No. 73/2025(CZ) PN 66
1. O. A No.55/2025(CZ), O. A No 56/2025(CZ)
2. O. A No.57/2025(CZ), O. A No 59/2025(CZ) O. A No.62/2025(CZ), O. A No.63/2025(CZ) Devidas Khatri vs. State of Rajasthan & Ors O. A No 64/2025(CZ), O. A No 65/2025(CZ) O. A No 66/2025(CZ), O. A No 73/2025(CZ)