STATE OF BIHAR Vs. PAWAN KUMAR

JUDGEMENT

(1.) The present appeals challenge the judgment and order dated 14th October 2020, passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter referred to as "the Tribunal") in O.A. No. 40/2020/EZ with O.A. No. 57/2020/EZ, thereby issuing the following directions:­

(2.) The appellant­State of Bihar has assailed the said judgment and order dated 14th October 2020, on various grounds.

(3.) Shri Atmaram Nadkarni, learned Senior Counsel appearing on behalf of the State of Bihar submitted that the Tribunal has grossly erred in holding that unless the State Expert Appraisal Committee (hereinafter referred to as "SEAC") and the State Environment Impact Assessment Authority (hereinafter referred to as "SEIAA") grants approval to the District Survey Report (hereinafter referred to as "DSR") for the purpose of mining of sand, the same cannot be carried out. He submitted that the Tribunal has further held that the very invitation of the tenders without preparing the DSR in accordance with the judgment of the Tribunal in the case of Satendra Pandey v. Ministry of Environment, Forest and Climate Change and Another(O.A. No. 186 of 2016 (M.A. No. 350/2016) ) could not have been done. He submitted that after the tenders are invited in accordance with the DSR prepared by the District Level Committee, the successful bidder will be required to prepare a mining plan and unless such a mining plan is approved by SEAC and SEIAA, the Environmental Clearance would not be granted and in turn, mining activities cannot be carried out. He submitted that the finding of the Tribunal is like putting the cart before the horse. He further submitted that the Tribunal has also grossly erred in holding that the DSRs prepared by the State were without following the requisite procedure and without considering the relevant factors. He submitted that not only the procedure as prescribed under the relevant rules and regulations was complied with, but the voluminous material in support of the same was also placed on record before the Tribunal. He submitted that the Tribunal has not taken into consideration the said material. He therefore submitted that the judgment and order passed by the Tribunal dated 14th October 2020, needs to be set aside and the State needs to be permitted to finalize the tenders received by it.