THE STATE OF BIHAR AND OTHERS versus PAWAN KUMAR AND OTHERS ETC.

THE STATE OF BIHAR AND OTHERS versus PAWAN KUMAR AND OTHERS ETC.

The Tribunal's direction that DSRs must be prepared by accredited private consultants was modified; the Court directed fresh preparation of draft DSRs by State sub-divisional committees (composed of specified State officers) using site visits and modern technology, to be prepared within six weeks, examined by SEAC within six weeks and forwarded to SEIAA which shall consider approval within six weeks; DSR preparation and appraisal must adhere to the MoEF&CC January 2020 policy; until DSRs are finalised and approved, the State is permitted to carry on legal mining through Bihar State Mining Corporation subject to environmental safeguards.

Parties
Appellant: The State of Bihar and Others; Respondent: Pawan Kumar and Others etc.
Jurisdiction
India
Judgment Date
10 November 2021
Procedural Posture
Civil Appeal / On Appeal From National Green Tribunal Judgment and Order Dated 14.10.2020; Appeals Kept Pending With Interim Directions Issued
Outcome
Appeals allowed in part; National Green Tribunal directions modified and interim directions issued permitting fresh DSR process and continued legal mining through Bihar State Mining Corporation pending approval of DSRs
Legal Topics
Sand Mining, District Survey Report (dsr) Preparation, Environmental Clearance Process, SEAC and SEIAA Approvals, Use of Mo Ef&cc Guidelines, Interim Relief Permitting State Mining Operations
Mines and Minerals Environmental Law Administrative Law Sand Mining District Survey Report (dsr) Preparation Environmental Clearance Process SEAC and SEIAA Approvals Use of Mo Ef&cc Guidelines +1 more

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Parties

The State of Bihar and Others

Appellant

Pawan Kumar and Others etc.

Respondent

Procedural Posture

Civil Appeal / On Appeal From National Green Tribunal Judgment and Order Dated 14.10.2020; Appeals Kept Pending With Interim Directions Issued

Legal Issues

  1. 1 Whether DSRs must be prepared and approved by SEAC and SEIAA prior to auction/e-auction/grant of mining leases for sand
  2. 2 Whether DSRs should be prepared by accredited private consultants as directed by the Tribunal or by State sub-divisional committees
  3. 3 Whether the DSRs prepared by the State of Bihar complied with the procedure and parameters in applicable MoEF&CC guidelines and notifications

Ratio Decidendi

The Tribunal's direction that DSRs must be prepared by accredited private consultants was modified; the Court directed fresh preparation of draft DSRs by State sub-divisional committees (composed of specified State officers) using site visits and modern technology, to be prepared within six weeks, examined by SEAC within six weeks and forwarded to SEIAA which shall consider approval within six weeks; DSR preparation and appraisal must adhere to the MoEF&CC January 2020 policy; until DSRs are finalised and approved, the State is permitted to carry on legal mining through Bihar State Mining Corporation subject to environmental safeguards.

Court Disposition

Appeals allowed in part; National Green Tribunal directions modified and interim directions issued permitting fresh DSR process and continued legal mining through Bihar State Mining Corporation pending approval of DSRs

Orders

  • Draft DSRs for all districts in Bihar shall be undertaken afresh and prepared by sub-divisional committees (Sub-Divisional Magistrate; Officers from Irrigation Department; State Pollution Control Board; Forest Department; Geological or mining officer) by site visits and modern technology within 6 weeks from the date...
  • After preparation, District Magistrate shall forward draft DSRs to SEAC which shall examine the same within 6 weeks and forward its report to SEIAA; SEIAA shall consider grant of approval within 6 weeks from receipt