STATE OF UTTAR PRADESH Vs. GAURAV KUMAR

JUDGEMENT

(1.) Affirmation: We unequivocally uphold the law and the regulations governing sand mining, demanding zero tolerance for unauthorized activities, strict adherence to these regulations is non-negotiable.

(2.) Facts: District Magistrate, Saharanpur issued notice inviting e-tenders on 13/2/2023 for sand gravel, boulders, etc. available in the riverbed in Saharanpur district under the U.P. Sub Mineral (Remedy) Rules, 2021. Questioning the legality and validity of the e-auction notice, respondent no. 1, a resident of Haryana approached the National Green Tribunal by filing an original application invoking sec. 14 and 18 of the National Green Tribunal Act contending that the e-auction notice is illegal as there was no District Survey Report (DSR) as on that date. It was his contention that the last DSR for the Saharanpur district of 2017 expired in the year 2022. Thereafter, steps were taken to prepare a DSR for the succeeding 5 years for Saharanpur district, but only a draft DRS was ready by 13/1/2023. However, even before its finalization, the impugned e-auction notice was issued by District Magistrate, Saharanpur on 13/2/2023 which according to the respondent no. 1 is illegal and unsustainable in law.

(3.) Proceedings before the NGT leading to Civil Appeals & Submissions: NGT vide order dtd. 13/3/2023 constituted a Joint Committee comprising of Central Pollution Control Board (CPCB), State Pollution Control Board (UPPCB) and District Magistrate, Saharanpur (D.M.) to collect relevant information and submit a factual report. The Joint Committee submitted its report on 10/7/2023 indicating that pursuant to the e-auction notice dtd. 13/2/2023 Letters of Interest (LOI) were issued with respect to 14 sites for river bed mining. Accordingly, the NGT impleaded the parties holding LOIs as party respondents to the original application.