National Green Tribunal
Shamshir Abdul Wahab Khan vs Seiaa on 5 January, 2026
Item Nos.5.1 to 5.85 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
APPEAL NO.641 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.642 OF 2025 (WZ)
Mr. Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.643 OF 2025 (WZ)
Mr. Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.644 OF 2025 (WZ)
Mr. Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
Page 1 of 28
AND
APPEAL NO.645 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.646 OF 2025 (WZ)
Mr. Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.647 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.648 OF 2025 (WZ)
Mr. Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.649 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
Page 2 of 28
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.650 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.651 OF 2025 (WZ)
Mr. Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.652 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.653 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
Page 3 of 28
....Respondents
AND
APPEAL NO.654 OF 2025 (WZ)
Mr. Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.655 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.656 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.657 OF 2025 (WZ)
Mr. Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.658 OF 2025 (WZ)
Page 4 of 28
Mr. Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.660 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.661 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.662 OF 2025 (WZ)
Mr. Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.663 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Page 5 of 28
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.664 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.665 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.666 OF 2025 (WZ)
Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.667 OF 2025 (WZ)
Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
Page 6 of 28
APPEAL NO.668 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.669 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.670 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.671 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.672 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
Page 7 of 28
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.673 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.674 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.675 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.676 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
Page 8 of 28
....Respondents
AND
APPEAL NO.677 OF 2025 (WZ)
Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.678 OF 2025 (WZ)
Abhishek Vikas Gondan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.679 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.680 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.681 OF 2025 (WZ)
Page 9 of 28
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.682 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.683 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.684 OF 2025 (WZ)
Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.685 OF 2025 (WZ)
Abhishek Vikas Gondane
.....Appellant
Page 10 of 28
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.686 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.687 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.688 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.689 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
Page 11 of 28
AND
APPEAL NO.690 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.691 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.692 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.693 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.694 OF 2025 (WZ)
Page 12 of 28
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.695 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.696 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.697 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.698 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
Page 13 of 28
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.699 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.700 OF 2025 (WZ)
Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.702 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.703 OF 2025 (WZ)
Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
Page 14 of 28
APPEAL NO.704 OF 2025 (WZ)
Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.705 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.706 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.707 OF 2025 (WZ)
Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.708 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Page 15 of 28
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.709 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.710 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.711 OF 2025 (WZ)
Abhishek Vikas Gondane
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.712 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
Page 16 of 28
AND
APPEAL NO.713 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.714 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.715 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.716 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.717 OF 2025 (WZ)
Page 17 of 28
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.718 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.719 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.720 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.721 OF 2025 (WZ)
Sanjay Kushabrao Rehpade
.....Appellant
Versus
Page 18 of 28
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.722 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.723 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.724 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
AND
APPEAL NO.725 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
Page 19 of 28
AND
APPEAL NO.726 OF 2025 (WZ)
Shamshir Abdul Wahab Khan
.....Appellant
Versus
The State Environment Impact Assessment Authority, Maharashtra & Ors.
....Respondents
Date of hearing: 05.01.2026
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SUJIT KUMAR BAJPAYEE, EXPERT MEMBER
Appellants : Mr. Sangramsingh R. Bhonsle, Advocate along-with
Ms. Pallayi V. Kakade, Mr. Nrupal Dingankar, Ms. Pushkara
A. Bhonsle, Ms. Sneha Bhonsle, Mr. Naman Sherstra,
Mr. Sanmitray Pol, Advocates
Respondents : Mr. Aniruddha S. Kulkarni, Advocate for R-1/SEIAA
ORDER
1. These appeals are filed by the appellants seeking quashing of the following Environmental Clearances granted by Respondent No.1- SEIAA for undertaking sand mining at the site in question:-
"
Page 20 of 28
"
2. These appeals have been filed on the grounds that the Replenishment Study, which forms a part of the District Survey Report, in terms of the 2020 Guidelines, is defective, as the same is not being done in consonance with the Enforcement and Monitoring Guidelines for Sand Mining- 2020, which provides as under:-
Page 21 of 28
"5.1 Generic Structure of Replenishment Study:
Initially replenishment study requires four surveys. The first survey needs to be carried out in the month of April for recording the level of mining lease before the monsoon. The second survey is at the time of closing of mines for monsoon season. This survey will provide the quantity of the material excavated before the offset of monsoon. The third survey needs to be carried out after the monsoon to know the quantum of material deposited/replenished in the mining lease. The fourth survey at the end of March to know the quantity of material excavated during the financial year. For the subsequent years, there will be a requirement of only three surveys. The results of year-wise surveys help the state government to establish the replenishment rate of the river. Based on the replenishment rate future auction may be planned."
3. According to the above guidelines, four surveys were required to be conducted for the first year, for which specific time period was also provided. But in the case in hand, the surveys, which are said to have been conducted, details of which are given at page nos.382 to 387 of the paper book, the same do not indicate as to when these surveys were conducted, as they show only the year i.e. from 2015-16 up to 2025-26. As per the MoEF&CC's Notification dated 15.01.2016, the District Survey Report in terms of the Notification of the Ministry of Environment, Forest & Climate Change dated 15.01.2016, as well as 25.07.2018 ought to form the basis for application of Environment Clearance, preparation of reports and appraisal of projects. As per the said Notifications, the District Survey Report ought to be updated once every 5 years.
4. It is further submitted that in the present case, admittedly, the District Survey Report has been prepared by Respondent No.3- The District Mining Officer, Bhandara in the year 2025-2026. Therefore, the same shall be valid up-to 2030-2031. However, in terms of Clause 5.1 of the 2020 Guidelines, since the District Survey Report has been recently updated by Page 22 of 28 Respondent No.3 in the year 2025-2026, the Replenishment Study would require four surveys. However, on perusing of the Replenishment Study at Chapter No. 8, viz. Replenishment Calculation of Sand Ghat of the District Survey Report prepared by the Respondent No. 3, the same does not disclose any details pertaining to the four surveys undertaken by Respondent No.3. The four surveys, which are mandatorily required for the Replenishment Study, are not forming a part of the Replenishment Study, render the same defective, which in turn, renders the District Survey Report as defective.
5. It is further submitted that no Mining Plan has been submitted by Respondent No.3 in Proposal for grant of Environment Clearance. The Notification dated 15.01.2016, issued by Respondent No.4, in Appendix- XI provides for the Procedure for Environmental Clearance for Mining of Minor Minerals. Further, the 'Schematic Presentation of Requirements on Environmental Clearance of Minor Minerals including cluster situation' provides for the specific requirements that ought to be fulfilled by any proposal for grant of Environment Clearance for various Category of Projects. For a project in the 'Category B2' having an area of 0 to 5 Ha., the proposal for grant of Environment Clearance ought to contain a copy of Approved Mine Plan along-with other documents. But in the case in hand, Respondent No.3 has only submitted a Letter dated 27.11.2025, which is annexed at page nos.505 to 511 of the paper book, issued by the Directorate of Geology and Mining, Government of Maharashtra, approving the Mining Plans for a total of 112 sand ghats, including the said sand ghat. But Respondent No.3 has not produced a copy of the Approved Mining Plan in its application for grant of Environment Clearance. Therefore, the Impugned Environment Clearance, being contrary to the Notification dated 15.01.2016, ought to be quashed and set aside. Page 23 of 28
6. It is further submitted that no Pre-Feasibility Report has been annexed in Proposal for grant of Environment Clearance. Clause 6 of the Notification dated 15.01.2016 mandates that a Project Proponent shall furnish a Pre-Feasibility Report when making an application for grant of Environment Clearance for a Category B2 Project. Therefore, since the submission of a Pre-Feasibility Report is a statutory mandate, the absence of a Pre-Feasibility Report in the present case renders the application for grant of Environment Clearance fundamentally defective. On perusal of the PARIVESH Portal of Respondent No.4, for the purposes of grant of the impugned Environment Clearance, it is evident that no Pre-Feasibility Report has been uploaded by Respondent No.3 on the portal of the Respondent No.4. However, even in the absence of the Pre-Feasibility Report, the SEAC-1 in its 339th Meeting has proceeded to recommend the grant of the Impugned Environment Clearance. Such recommendation is contrary to the provisions of Clause 6 of the Notification dated 15.01.2016 issued by the Respondent No. 4, which categorically mandates a copy of a Pre-Feasibility Report, in addition to the other documents as specified. Hence, the same is liable to be quashed and set aside.
7. It is further submitted that no recommendation has been made by the Sub-Divisional Committee for proposing the said sand ghat for Environment Clearance. The Notification dated 15.01.2016, in Appendix- X titled as "Procedure for Preparation of District Survey Report" provides that a Sub-Divisional Committee, comprising of a 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 Environment Clearance has been applied for and make recommendation on the suitability of the site for mining or prohibition thereof. But in the present case, this requirement of the Notification dated 15.01.2016 has not been complied with. Respondent No.5 vide its Page 24 of 28 Notification dated 08.04.2025, in Part Two has constituted a Technical Sub-Committee, a Taluka Sand Mining Monitoring Committee and a District Level Sand Mining Monitoring Committee. In the proposal made by Respondent No. 3 for the grant of the Impugned Environment Clearance, Respondent No. 3 has relied on the alleged recommendations of the Technical Sub-Committee constituted, in terms of the Notification dated 08.04.2025. However, in terms of the Notification dated 15.01.2016 as well as 25.07.2018, the Respondent No. 4 has constituted a Sub-Divisional Committee, which is under an obligation to visit the site, and then recommend the suitability of the site for the project. The Respondent No. 3, on the basis of the Notification of the Respondent No. 5 dated 08.04.2025 has merely relied upon the recommendations of the Technical Sub- Committee, without complying and relying on the recommendations of the Sub-Divisional Committee, in terms of the Notification dated 15.01.2016 as well as 25.07.2018. The Notification dated 08.04.2025, being a State Notification, at best can only assist and add to the Notifications dated 15.01.2016 and 25.07.2018 issued by the Respondent No.4. The Notification dated 08.04.2025 of the Respondent No.5- The State of Maharashtra through the Chief Secretary, in no way, can run contrary or omit any procedure established, in terms of the Notification dated 15.01.2016 and 25.07.2018. Hence, the present appeals have been filed.
8. We may mention here that the main challenge in the present appeals appears to be to the District Survey Report (DSR), which is said to be defective because of the improper replenishment study being conducted. We fail to understand as to why the DSR was not assailed at the appropriate stage when the same was put in public domain inviting objections against the same by the appellants herein. Page 25 of 28
9. In regard to the above, when we enquired from learned counsel for the appellants, he has drawn our attention to the Judgment of Hon'ble Supreme Court delivered in Union Territory of J&K (Previously State of Jammu & Kashmir) & Anr. vs. Raja Muzaffar Bhat & Ors. [(2025) SCC OnLine SC 1789], wherein he has drawn our attention to following paragraphs:-
"3. It is, therefore, compelling to hold that a DSR is valid and tenable only when a proper replenishment study is conducted.............................................................................. ...............................................................................................
29. From the foregoing analysis, it is apparent that in light of Guidelines, 2016 and the Guidelines, 2020, the absence of a replenishment study renders a DSR fundamentally defective. These guidelines categorically require that any assessment of mineable mineral quantity must be premised on scientific estimation of replenishment rates, failing which the DSR lacks the foundational data necessary to determine sustainable extraction limits.
............................................................................................. .............................................................................................
33. In view of the existing legal regime that mandates preparation of replenishment report in a scientific manner and such a report forming an integral part of the District Survey Report, we hold that a District Survey Report without a proper replenishment study is equally untenable........................"
10. Having relied upon the above citation, it is urged by learned counsel for the appellants that the District Survey Report (DSR) requires proper study to be conducted and if the Replenishment Study is found to be Page 26 of 28 defective, as in the case in hand, it is said that four surveys were not conducted, and the same should be held to be not appropriate Replenishment Study. Consequently, the DSR should also be treated to be defective one, hence it is said that the basis of assailing the impugned EC is the defective District Survey Report (DSR).
11. In view of above submissions, we admit these appeals.
12. Registry is directed to issue Notice to the Respondents, returnable within 02(two) weeks.
13. Since learned counsel Mr. Aniruddha S. Kulkarni accepts notice on behalf of Respondent No.1- SEIAA, Maharashtra, notice is waived against Respondent No.1.
14. Appellants are directed to take necessary steps for service to the Respondents by both ways (Dasti as well as by Registered Post) and also on available e-mail/WhatsApp., and submit service affidavit within one week.
15. Appellants are also directed to supply copy of the appeals and relevant documents to the Respondents within a week.
16. Respondents are directed to submit their reply affidavits within 02(two) weeks through e-filing and also circulate the same to the appellants and also the other Respondents by available e-mail.
17. Rejoinder, if any, is directed to be submitted within one week thereafter.
18. Learned counsel for the appellants has pressed for interim stay to be passed in the appeals in hand. But we are of the view that we will consider the prayer for stay only after hearing the other side. Page 27 of 28
19. Put up these matters for further consideration on 29.01.2026.
Dinesh Kumar Singh, JM Dr. Sujit Kumar Bajpayee, EM January 05, 2026 APPEAL NO.641 OF 2025 (WZ) along-with other Appeals.
P.Kr.
Page 28 of 28