1. Introduction

Pawan Kumar v. State Of Bihar is a landmark judgment delivered by the National Green Tribunal (NGT) on October 14, 2020. The case revolves around the environmental safeguards in sand mining practices within the Banka district of Bihar, particularly focusing on the validity and compliance of District Survey Reports (DSR) prior to the issuance of mining leases through e-auctions.

The applicant, a farmer from Banka, challenged the state's procedures for sand mining, arguing that the DSR prepared was interim, outdated, and not in compliance with established environmental guidelines and tribunal directives. The central issues pertain to unauthorized increase in mineable areas, discrepancies in DSRs, and the legality of the e-auctions conducted without a finalized and approved DSR.

2. Summary of the Judgment

The NGT, after thorough examination, found that the DSRs utilized by the State of Bihar were neither final nor compliant with the Sustainable Sand Mining Management Guidelines (SSMMG) of 2016 and the Enforcement and Monitoring Guidelines for Sand Mining (EMGSM) of 2020. The tribunal highlighted significant discrepancies in the mineable areas between the DSRs and the Notice Inviting Tender for E-Auction (NIT). Consequently, the NGT quashed both the Interim DSR (2018) and the alleged Final DSR (2019), deeming all associated actions, including the e-auctions, as null and void. The tribunal directed the State to undertake a fresh exercise for preparing a comprehensive and compliant DSR.

3. Analysis

3.1 Precedents Cited

The judgment extensively references prior tribunal decisions and Supreme Court rulings that underscore the importance of scientifically robust DSRs in regulating sand mining. Key cases include:

• Anjani Kumar v. State Of U.P. (2017 SCC OnLine NGT 979): Emphasized the necessity of a DSR as a prerequisite for granting mining leases.
• Satendra Pandey v. Ministry of Environment, Forest & Climate Change (Original Application No. 186/2016, M.A. No. 350/2016): Partially quashed the Amendment Notification introducing District Expert Appraisal Committees (DEAC), deeming them incompetent.
• Deepak Kumar v. State of Haryana (2012) 4 SCC 629: Highlighted the environmental degradation risks associated with unregulated sand mining.
• Vikrant Tongad v. Union of India (Execution Application No. 55/2018): Clarified that the impugned Notification dated 15.01.2016 remains suspended.

These precedents collectively establish a stringent framework ensuring that sand mining activities do not compromise environmental integrity and are conducted under meticulous regulatory oversight.

3.2 Legal Reasoning

The NGT's legal reasoning centers on the non-compliance of the State of Bihar with the established environmental guidelines and the procedural lapses in DSR preparation. The tribunal identified several critical issues:

• Interim vs. Final DSR: The DSRs presented were labeled as "interim" and lacked the requisite approvals from competent authorities, rendering them invalid for sanctioning mining leases.
• Discrepancies in Mineable Areas: The NIT disclosed mineable areas (946 ha for 7 Sand Blocks in Chandan/Chanan) exceeded those recorded in the Interim DSR (226 ha). Additionally, seven Sand Blocks lacked any disclosure of mineable areas.
• Violation of Tribunal Orders: The State continued practices deemed invalid by prior tribunal rulings, such as reliance on DEIAA for DSR preparation despite its declared incompetence.
• Lack of Scientific Methodology: The preparation of DSRs did not adhere to the SSMMG-2016's scientific and systematic requirements, failing to account for environmental and ecological factors comprehensively.

Based on these observations, the tribunal concluded that the e-auctions were conducted arbitrarily and in violation of environmental protection statutes, ultimately quashing the DSRs and invalidating the associated auctions.

3.3 Impact

The judgment has profound implications for future sand mining activities in India, particularly in how States prepare and validate DSRs. Key impacts include:

• Strengthened Environmental Oversight: Reinforces the necessity of scientifically rigorous DSRs and adherence to environmental guidelines, ensuring sustainable mining practices.
• Procedural Compliance: States must ensure complete compliance with SSMMG-2016 and EMGSM-2020 guidelines, including accurate and approved DSRs before initiating mining auctions.
• Judicial Scrutiny: Increased judicial scrutiny on environmental compliance in mining permits, discouraging arbitrary and revenue-driven mining concessions.
• Guidance for Policy Formulation: Provides a clear framework for environmental agencies and mining departments to follow, thereby streamlining sustainable sand mining policies.

Overall, the judgment acts as a deterrent against environmental negligence in mining and promotes the principles of sustainable development and the public trust doctrine.

4. Complex Concepts Simplified

4.1 District Survey Report (DSR)

A District Survey Report (DSR) is a comprehensive document mandated by environmental guidelines that outlines the potential areas for sand mining within a district. It assesses the environmental impact, defines permissible mining zones, and ensures that mining activities do not degrade river ecosystems.

4.2 Sustainable Sand Mining Management Guidelines (SSMMG)

The SSMMG-2016 provides a structured approach to sand mining, emphasizing sustainable practices. It outlines procedures for preparing DSRs, conducting environmental impact assessments, and implementing safeguards to protect riverine habitats.

4.3 Enforcement and Monitoring Guidelines for Sand Mining (EMGSM)

EMGSM-2020 supplements the SSMMG by detailing enforcement mechanisms and monitoring protocols. It ensures that sand mining operations are compliant with environmental standards and that any deviations are promptly addressed.

4.4 Doctrine of Public Trust

The Doctrine of Public Trust is a legal principle that holds the government responsible for protecting natural resources for public use and ensuring they are not exploited detrimental to public welfare.

4.5 Precautionary Principle

The Precautionary Principle mandates that lacking full scientific certainty, actions should err on the side of caution to prevent environmental harm. In sand mining, this means implementing stringent checks even if potential risks are not fully quantified.

5. Conclusion

The Pawan Kumar v. State Of Bihar judgment underscores the critical importance of adhering to environmental protocols in sand mining activities. By invalidating the Interim and purported Final DSRs of Bihar, the NGT has established a stringent benchmark for environmental compliance. This decision reinforces the necessity for scientifically robust and approved DSRs as prerequisites for mining approvals, thereby safeguarding riverine ecosystems from unregulated and environmentally detrimental mining practices.

The judgment serves as a pivotal reference for environmental jurisprudence in India, ensuring that economic activities like sand mining are balanced with ecological preservation and sustainable development. It also emphasizes the judiciary's role in upholding environmental laws and principles, ensuring that States fulfill their constitutional obligations to protect natural resources and uphold the public interest.