National Green Tribunal
Rizwan vs State Of Jharkhand on 19 September, 2025
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.177/2025/EZ
(I.A. No.88/2025/EZ)
(I.A. No.89/2025/EZ
Rizwan Applicant
Versus
State of Jharkhand Respondents
Date of hearing: 19.09.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
Applicant: Mr. Vanshdeep Dalmia and Ms. Anisha Jain,
Advocates for the applicant
Respondents: Ms. Aishwarya Rajyashree, Advocate for respondents
no.1, 2, 3, 4 and 7 (through V.C.).
Mr. Ashok Prasad, Advocate for respondents no.5 and
6 (through V.C.).
ORDER
1. The applicant, a resident of District Bhagalpur in State of Bihar claiming himself to be directly and immediately affected due to preparation of faulty DSR in District Godda in State of Jharkhand, has filed the present Original Application under Sections 14 and 15 of the National Green Tribunal Act, 2010 seeking the following reliefs:-
i. Pass an Order quashing and setting aside the Impugned DSR for District Godda, State of Jharkhand as approved by the SEAC, UP on 21.03.2023 and SEIAA, UP on 1.04.2023, being in flagrant violation of the EIA, 2006, SSMG, 2016 and EMGSM, 2020 and Judgments passed by the Hon'ble Supreme Court and this Hon'ble Tribunal; and ii. Pass an Order quashing and setting aside the Impugned Auction Notice dated 02.09.2025 issued by the Respondent No. 4, District Mining officer, Godda, Jharkhand; and 1 iii. Pass an Order directing the Respondents to prepare a fresh DSR for District Godda and/or conduct fresh Auctions after conducting a Replenishment Study for the year 2025 (or latest available Replenishment Study) by a credible Central or State institute, in strict compliance of the EIA, 2006, SSMG, 2016 & EMGSM, 2020; and iv. Pass an order setting aside any Letter of Intent, Environmental clearance and/or Mining leases if any, granted by the Respondents, in furtherance of the Impugned Auction Notice dated 02.09.2025; and v. Pass any other orders as the Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the instant case.
2. The applicant has submitted that after the decision by the Hon'ble Supreme Court in State of Bihar vs. Pawan Kumar: (2022) 2 SCC 348, the District Magistrate, Godda appointed one Sathi Planners Private Limited, NABET accredited consultant, in October 2022 to prepare the DSR and conduct Replenishment Study for District Godda, Jharkhand. In November 2022, the draft DSR for District Godda (which was prepared by the NABET Accredited Consultant on the basis of the Replenishment Study conducted in the year 2022 by the said NABET Accredited Consultant, and not by a credible Central or State Institution or agency) was published on the website of the local administration inviting comments from the public. The DSR was not put up for public comments/ hearing in the adjoining District Banka, Bihar despite Mining leases being approved in Gerua River which constitutes the State boundary. The Draft DSR for District Godda was appraised and approved by the SEAC, Jharkhand vide its Minutes of Meeting dated 21.03.2023 in a hurried, casual and perfunctory manner. The SEAC failed to notice that the DSR has been prepared by NABET consultant instead of the Sub- Divisional Committee as directed by the Hon'ble Supreme Court in Pawan Kumar's case (supra). The SEAC recommended the approval of the DSR 2 without considering compliance of the mandatory and non-derogable provisions of the EMGSM, 2020. Most of the Mining lease areas (as shown in the Maps enclosed with the DSR itself) included the entire River Channel within the Mining lease Area, and the Mineable Quantity has been calculated on basis thereof which is per se illegal and contrary to the Judgment in Deepak Kumar's case, Sustainable Sand Mining Guidelines, 2016 (SSMG, 2016) and Enforcement & Monitoring Guidelines for Sand Mining, 2020 (EMGSM, 2020). The Draft DSR was subsequently approved by the SEIAA, Jharkhand in its Meeting dated 01- 02.04.2023, in a casual and mechanical manner only on the basis of the recommendation by the SEAC and without considering the compliance/ non-compliance of the SSMG, 2016 and/or EMGSM, 2020 including violation of Clauses 4.1.1 and 4.3 of the EMGSM, 2020 and further non- compliance of Appendix XI, Environment Impact Assessment Notification dated 14.09.2006. Respondent no. 4-District Mining Officer, Godda issued the Impugned Auction Notice dated 02.09.2025 for 16 Sand Ghats which are illegal and liable to be set aside.
3. I.A. No. 88/2025/EZ has been filed by the applicant for exemption from filing the legible copies of annexure A-11 appended to the Original Application. In view of the reasons mentioned, I.A. No. 88/2025/EZ is allowed subject to the condition that legible copies of annexure A-11 may be filed in due course of time.
4. Prima-facie, the averments made in the present application raised substantial questions relating to environment arising out of implementation of the Enactments specified in Schedule-I to the National Green Tribunal Act, 2010.
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5. In view of the above, notice of the application along with copies of the documents attached with the same and I.A. No. 89/2025/EZ may be issued to the respondents.
6. Ms. Aishwarya Rajyashree, learned counsel has appeared and accepted notice on behalf of respondents no.1, 2, 3, 4 and 7.
7. Mr. Ashok Prasad, learned counsel has appeared and accepted notice on behalf of respondents no.5 and 6.
8. Responses to the averments made in the Original Application may be filed by the respondents within three weeks.
9. List on 15.10.2025 for further hearing.
10. Arguments on I.A. No. 89/2025/EZ application for interim relief will also be heard on that date.
Arun Kumar Tyagi, JM Ishwar Singh, EM September 19, 2025 Original Application No.177/2025/EZ (I.A. No.88/2025/EZ) (I.A. No.89/2025/EZ 4