National Green Tribunal
Daljeet Singh vs State Of Punjab on 17 February, 2026
Item No. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 117/2026
(I.A. No. 109/2026)
Daljeet Singh Applicant
Versus
State of Punjab & Ors. Respondent(s)
Date of hearing: 17.02.2026
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Tarun Cummra, Adv. for Applicant
ORDER
1. In this original application (OA), applicant has challenged the auction notice dated 17.10.2025 issued by Executive Engineer/Mansa Drainage Division, Government of Punjab Water Resources Department for desilting of critical sites of various rivers/nadis under Drainage Divisions of SAS Nagar, Patiala, Mansa, Ropar, Ludhiana, Sri Anandpur Sahib and SBS Nagar.
2. Submission of Learned Counsel for the applicant is that this desilting work is for commercial purposes, therefore, requisite environmental clearances were required before issuing the impugned auction notice.
3. The applicant has also relied upon the order of the Southern Zonal Bench of the Tribunal passed in OA No.142/2022(SZ), titled Sarvabhoum Bagali vs. State of Karnataka & Ors. wherein such desilting work for commercial purposes without requisite clearances has been found to be illegal.
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4. A similar issue has been raised in OA No.100/2026 in the matter of Gram Panchayat Galhri vs. Union of India & Ors. in respect of another area of State of Punjab wherein Tribunal has recorded the following submissions and passed the order dated 11.02.2026:-
"3. During the course of hearing, Learned Counsel has produced a copy of the compliance report by way of affidavit filed by Additional Chief Secretary, Mines & Geology, Punjab in OA NO. 740/2024 wherein following stand has been taken:-
"3. That, in compliance with the directions of this Hon'ble Tribunal, it is submitted that the State has enacted the Punjab Regulation of Crusher Units, Stockists & Retailers Act, 2025 (attached as Annexure-A) and notified the Punjab State Minor Minerals (Amendment) Policy, 2025 (attached as Annexure-B). This act and policy introduce a modern, technology-driven, accountable system for monitoring mining and crusher-related activities. These reforms represent a significant departure from the Mining Policy 2023, strengthening transparency, monitoring, and compliance.
III. The Department of Water Resources Punjab has identified 85 de-silting sites in the state of which 36 de-silting sites comprising of 3,19,46,482 Sq feet area and 25,55,05,547 cft of material, are being auctioned out. This de-silted material shall open one more legal source for sale and processing of minor minerals in the open market."
4. Referring to the above, Learned Counsel has submitted that dredging and desilting work is for the commercial purpose. She has further referred to the volume of work and royalty amount mentioned therein in support of the plea that desilting is for commercial purpose. She has been directed to produce the said document on record during the course of the day.
5. The Southern Bench of this Tribunal in the matter of Sarvabhoum Bagali vs. State of Karnataka & Ors. in OA No.142/2022(SZ) has considered the issue and has held as follows:-
"21. Admittedly in the given case the desilting is done not only for the upkeep and maintenance of the dams but to extract the sand from the silt to be sold at the rate fixed by the Government which is admittedly a commercial activity. As mentioned above, the mining operation means any operation undertaken for the purpose of winning any mineral. Here along with the silt, the sand which is available is extracted which is also quantified as 11,07,680 metric tons in Nethravathi River Bantwal Taluka, and 3,44,000 metric tons in Phalguni River Managluru Taluka, and in an extent of 64.4 and 20 ha. respectively. As it involves the commercial activity by any stretch of imagination, it cannot be stated that the dredging activity is exempted as provide in Clause 6 of Appendix 2 IX of EIA Notification, 2006. Therefore, the said impugned work order dated 27.11.2020 is contrary to the EIA Notification, 2006 for not having obtained the Environmental Clearance."
6. Counsel for the applicant further submits that petitioner is a gram panchayat of Village Galhri which is located at the downstream and on account of impugned desilting work, lands of the villagers of the applicant/gram panchayat will be adversely affected.
7. OA raises substantial issue relating to compliance of environmental norms.
8. Issue notice to the respondents.
9. Applicant is directed to serve the respondents and file affidavit of service atleast one week before the next date of hearing."
5. This OA involves the same issue in similar circumstances.
6. Issue notice to the respondents in the OA.
7. Applicant is directed to serve the respondents and file affidavit of service atleast one week before the next date of hearing.
8. Considering the issue of parity as an interim measure it is directed that till the next date of hearing though the tender proceedings will proceed but the work of desilting will not be commenced without the leave of the Tribunal.
9. List along with OA No.100/2026 on 14.05.2026.
Prakash Shrivastava, CP Dr. Afroz Ahmad, EM February 17, 2026 Original Application No. 117/2026 (I.A. No. 109/2026) Jg.
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