National Green Tribunal Act (19 of 2010) , S.14— Environment (Protection) Act (29 of 1986) , S.3(2)(v), S.6, S.25— Environment (Protection) Rules (1986) , R.5— EIA Notification (2006) , Para.7(iii)(a), Appendix X— Sand mining – Quashing of e-auction notice and LOI s – Ground of absence of District Survey Report (DSR) – There is a mandatory requirement of preparation of a DSR – A valid and a subsisting DSR alone can be basis for an application for grant of environmental clearance – In absence of a valid, final and subsisting DSR, e-auction notice issued for sand mining and consequent grant of LOIs were rightly quashed.
In the instant case, quashing of e-auction notice issued for sand mining and consequent grant of LOIs on the ground of absence of valid, final and subsisting DSR, was under challenge.
Held, there is a mandatory requirement of preparation of a DSR. A valid and subsisting DSR alone can be basis for an application for grant of environmental clearance. In absence of a valid, final and subsisting DSR, e-auction notice issued for sand mining and consequent grant of LOIs were rightly quashed.
Court observed that, considering the regulatory regime introduced from time to time, increasing the width as well as the depth of scrutiny before granting environmental clearance for sand mining, it can be said that there is a mandatory requirement of preparation of a DSR. It was concluded that –
(i). A District Survey Report is a document of seminal importance as it enables informed decision making.
(ii). Preparation of a DSR as per the procedure prescribed for its preparation under Appendix X, read with para 7(iii)(a), is required to be followed meticulously.
(iii). A valid and a subsisting DSR alone can be the basis for an application for grant of EC. A draft DSR is untenable for grant of an EC.
(iv) Preparation of reports and appraisal of projects by DEIAA and DEAC shall be on the basis of a valid and a subsisting DSR.
(v). DEIAA and DEAC are recognised as the authorities fastened with the statutory duty of preparing the DSR every five years and this duty compels them to have a comprehensive and a real time perspective of the environment position of the district including its eco-sensitivity and other fragilities.
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