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1. Badarakha 5.0 Ha Six months
2. Sisna 5.0 Ha Six months

4. Record shows the total potential area for sand mining in District Baghpat on the banks of Yamuna River was 960 hectares with minable mineral potential as 34560000 MT and total existing/proposed area for sand mining in Baghpat was 87.76 hectares. It is mentioned in the summary of DSR of 2017 that total stretch of Yamuna River is almost 16 km2 out of which 15-20% in stream cannot be mined in the lean season. Area of existing proposed mining lease area is 87.76 hectares therefore, remaining area needs to be explored and this area may be further assessed for development based on various ecological, environmental, social and political issues. It can be further developed as potential area for revenue generation. No further DSR study was conducted for the period of DSR. It was prepared only for 5 years and ignoring this e-auction cum e-tender notice has been issued on 09.11.2022 as corrected on 18.11.2022. DSR of 2017 expired in 2022 but without preparing fresh DSR, e-auction cum e-tender notice has been issued by District Magistrate, Baghpat which is illegal.

9. In OA No. 38/2022 (CZ), Ajit Kumar vs. State of Madhya Pradesh & Ors., Central Zonal Bench of this Tribunal in its order dated 17.10.2022 has held that notice inviting tender issued before finalisation and approval of DSR for District Raisen by State Environment Impact Assessment Authority, Madhya Pradesh (hereinafter referred to as 'SEIAA MP') is irregular and void having no effect and in violation of Guidelines, hence stands cancelled.

10. Applicant has prayed for quashing of e-auction cum e-tender notice dated 09.11.2022 as corrected vide corrigendum dated 18.11.2022 pursuant whereof the auction has been settled in favour of respondent 6 i.e., M/s. Royal Construction Company and a direction to State Government to get a fresh DSR for District Baghpat prepared as per SSMG-2016 and EMGSM-2020 after conducing replenishment study before proceeding for e-auction cum e-tender of sand mining. Applicant has also prayed for quashing all mining auction notices issued by District Magistrate, Baghpat without having any valid DSR.

Reply affidavit dated 26.11.2024 filed by District Magistrate, Baghpat:

12. Pursuant to order dated 30.09.2024 passed by this Tribunal, District Magistrate, Baghpat i.e., respondent 4 put in appearance and filed its reply affidavit dated 26.11.2024 vide e-mail dated 04.12.2024. It is said that in the Notifications dated 15.01.2016 and 20.01.2016, DSR was to be prepared separately for each sub-mineral and it was required to be updated every 05 years. Pursuant to the above instructions of MoEF&CC, District Level Environment Impact Assessment Authority (hereinafter referred to as 'DEIAA') and District Expert Appraisal Committee (hereinafter referred to as 'DEAC') were constituted vide Office Memorandum dated 22.02.2016. DSR was appraised and recommended by DEAC in its meeting dated 16.11.2017 and the same was approved on 18.11.2017. Department of Geology and Mining, Government of Uttar Pradesh vide order dated 01.06.2020 constituted a Technical Committee for examining pending proposals for proposed/amendment/combination of areas in DSR received from districts and new proposals. Secretary, Department of Geology and Mining, Uttar Pradesh Government vide letter dated 12.06.2020 issued directions regarding modification in DSR and it mentioned that as per clause 4(1)(1) of EMGSM 2020, DSR for sand mining shall be prepared before auction/e-auction/grant of mining lease/Letter of Intent by mining or Department dealing with mining activities in respective States.

13. Director, Geology and Mining vide letter dated 02.11.2021 constituted a District Level Committee. The District Level Committee on 06.12.2021 conducted on site assessment/inspection of plot no. 1/2, area 9.570 hectares of village Chhaprauli Khadar. Vide office letter dated 25.04.2022, a proposal was forwarded to Director, Geology and Mining, UP for amendment/combination in DSR of plot no. 1/2, area 9.570 hectares of village Chhaprauli Khadar of sub mineral ordinary sand area of District Baghpat. By letter dated 01.06.2022, Geology and Mining Department, Government of UP granted consent to include plot no. 1/2, area 9.570 hectares of village Chhaprauli Khadar, sub mineral ordinary sand area of District Baghpat in DSR and directions were given to take further action regarding arrangement of mining areas from the District level and this was communicated by Director, Geology and Mining's letter dated 02.06.2022.