[Cites 36, Cited by 0]
Patna High Court
Manjeet Chawla vs The State Of Bihar on 30 January, 2026
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17523 of 2023
======================================================
Manjeet Chawla S/o Late Amarjeet Singh Chawla, R/o G201, Preet Vihar,
New Delhi - 110092. Through Power of Attorney Holder Ramesh Prasad
Singh, male, aged about 55 years approximately, Son of Sh. Ram Yash Singh,
Resident of Village - Sahejani, P.O. - Hasan Bazar, P.S.- Piro, District -
Bhojpur, State- Bihar Pin - 802204.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Mines and Geology
Department, Government of Bihar, Patna.
2. The Director, Mines and Geology Department, Government of Bihar, Patna.
3. The Managing Director, Bihar State Mining Corporation Ltd., Bihar, Patna.
4. The Authorised Officer, Bihar State Mining Corporation Ltd., Bihar , Patna
5. The District Magistrate-cum-Collector, Bhojpur, Ara, Bihar.
6. The Assistant Director, Mines, Ara, Bhojpur.
7. The District Mining Officer, Bhojpur, Ara, Bihar.
8. The Mineral Development Officer, Bhojpur, Ara.
9. State Environment Impact Assessment Agency, Patna (SEIAA) through its
Member Secretary., Bihar, Patna.
10. State Level Expert Appraisal Committee (SEAC), Bihar through its Member
Secretary, Bihar, Patna-800023.
11. Rana Uday Pratap Singh, S/o- Late Rana Ranvijay Pratap Singh Add.- Jai
Prakash Nagar, Vishunpur Nala, Dist.- Dhanbad, Jharkhand, Pin- 826001.
12. Paropkar Consultant Pvt. Ltd., Auth.- Bablu Kumar, Add.- Bag Majhuwan,
Dist.- Bhojpur, Pin- 802163.
13. Keshav Construction, Berar tola, P.O.- Barah Ranitalab, Dist.- Patna-
801112.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Yashraj Singh Deora, Sr. Advocate
Mr. Sriram Krishna, Advocate
Mr. Devesh Shankar Singh, Advocate
Mr. Amarjeet, Advocate
Mr. Prabhat Kumar Singh, Advocate
Mr. Shashank Shekhar Kunwar, Advocate
For the State : Mr. Ajay, G.A.-5
Mr. Akash Raj, A.C. to G.A.-5
For the Mines Department : Mr. Naresh Dikshit, Spl. P.P.
Mr. Brij Bihari Tiwari, Advocate
Ms. Shruti Singh, Advocate
Ms. Kalpana, Advocate
For the SEIAA : Mr. Kumar Ravish, Advocate
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
2/61
For the BSMCL : Mr. Ranjeet Kumar Pandey, Advocate
For the Private Respondent: Mr. Madhav Krishna, Advocate
Mr. Suraj Samdarshi, Advocate
Mr. Avinash Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
C.A.V. JUDGMENT
Date : 30-01-2026
The present writ petition has been filed on behalf of
the successful bidder in the auction of Bhojpur Sone 35 Ghat
(65 Hectares). The central grievance of the petitioner is that the
respondent State while issuing the tender notice had asserted
that the aforesaid sand ghat had 11,70,000 CuM of sand
available annually for sand mining, however the quantity of
sand mineral, as asserted by the respondent-State, was not
actually available since, according to the petitioner, after the
issuance of the Letter of Intent on 28.10.2022 in favour of the
instant petitioner, the respondent - Bihar State Mining
Corporation Ltd. (BSMCL) had granted short term permits in
favour of third parties resulting in extraction of sand from the
areas that overlapped with the settled areas of the petitioner
causing depletion in the sand availability. The petitioner is also
aggrieved by the action of the respondent-State in not
conducting a proper replenishment study in accordance with law
and raising demand from the petitioner to pay the full royalty of
Rs.19,30,50,000/- per annum towards the full represented
quantity even though, according to the petitioner, the asserted
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
3/61
quantity of sand does not exist.
2. In this backdrop, the petitioner by way of the
present writ petition has prayed for the following reliefs:-
"I. To issue an appropriate Writ(s), Order(s) or
Direction(s) to the respondent authorities to reduce
the total amount of royalty payable by the petitioner,
because in the meantime, after the issuance of Letter
of Intent dated 28.10.2022 as contained in memo no.
4394 to the petitioner under the signatures of
Mineral Development Officer, Bhojpur, large
quantity of sand has already been extracted by third
party agencies on the basis of grant of short term
permits by respondent nos. 3 and 4 herein out of the
Sand Ghat area settled with the petitioner, due to
overlapping;
II. To issue an appropriate Writ(s), Order(s) or
Direction(s) to the respondent authorities to conduct
a fresh survey to estimate the mineral actually
available and charge royalty based on the same;
III. To issue an appropriate Writ(s), Order(s) or
Direction(s) setting aside the letter dated
08.09.2023
as contained in memo no.3837 issued
under the signatures of the Collector, Bhojpur, Ara;
IV. To pass any other appropriate Writ(s), Order(s) or
Direction(s) that this Hon'ble Court may deem fit on
the facts and circumstances of the case."
3. Subsequently, in compliance of the
directions of the coordinate Bench of this Court vide order dated
04.02.2025, the petitioner had filed a representation before the
Respondent no.2 which came to be decided by the aforesaid
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
respondent authority vide order dated 07.04.2025. Further,
during the pendency of this writ petition, the respondent
authorities have granted environmental clearance to the
petitioner for the entire represented quantity of sand being
11,70,000/- CuM. The petitioner, thereafter, had preferred
Interlocutory Applications for amending the prayer portion of
the writ petition, which was allowed by the Coordinate Bench of
this Court vide order dated 19.08.2025 and following additional
prayers were made:-
"V. To issue an appropriate writ(s), order(s) or
direction(s) to the respondent authorities for
reconsidering / amending the Environmental
Clearance for the proposed sand mining activity at
the Sone 35 Ghat granted to the petitioner on
19.12.2023 (Annexure P-19 of I.A. No. 01 of 2024)
i.e., subsequent to the filing of the connected writ
petition and providing for the annual extraction
quantity based on the true quantity of sand available
on site.
VI. Issue a writ, order or direction in the nature of
certiorari or any similar writ, order or direction to
quash the order dated 07.04.2025 passed by the
Respondent No.02 as being arbitrary and being
contrary to law."
4. The brief facts relevant for the present
purpose is that the respondent State had published a tender
notice on 13.09.2022 for grant of mining licence for the sand
ghats through auction in various districts of the State including
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
for the district of Bhojpur. The present lis revolves around the
Bhojpur Sone 35 Ghat situated at mauza Kharaon Kalan
spanning over an area of 65 Hectares with an estimated quantity
of 11,70,000 CuM of sand available annually for mining.
Pursuant to the auction notice, the process of auction was
conducted on 17.10.2022 and the petitioner emerged as the
highest bidder for the aforesaid Bhojpur Sone 35 sand ghat.
Thereafter the petitioner made the requisite payments and a
Letter of Intent (LoI) dated 28.10.2022 was issued to the
petitioner for the settlement of the aforementioned ghat. Mining
plan was submitted by the petitioner on 08.11.2022, which came
to be approved vide letter dated 24.11.2022 by the Director of
Mines.
5. Subsequent thereto, the petitioner availed the
services of an Environmental Advisor, and the process of
obtaining environment clearance was set in motion. The
application for grant of environment clearance along with draft
Environmental Impact Assessment (EIA) were submitted by the
petitioner. On 09.12.2022 the authorized signatory of the
petitioner submitted the project report, pre-feasibility report and
other necessary documents for the proposed project of sand ghat
in order to obtain the terms of reference (ToR) for the
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
Environmental Clearance. The aforesaid ToR was issued to the
petitioner on 11.01.2023. The petitioner submitted the draft EIA
and a request for arranging the public hearing was made which
was conducted on 21.06.2023.
6. Pertinently, the ToR, under additional
specific condition no. 02, required the petitioner to submit the
details of the overlapping areas with the previously allotted
mining lease or already working or worked out mining lease.
The petitioner, therefore, wrote a letter dated 30.06.2023
(Annexure-P/11) and also a reminder letter dated 21.07.2023
addressed to the District Mining Officer seeking the requisite
details which was responded to by the District Mining Officer
vide his letter dated 03.08.2023 (Annexure P/13) stating therein
that 21.84 Hectares of cluster No. 08 situated at Kharaon Kalan
sand ghat and 07 Hectares of cluster No.09 at Lodipur sand
ghat were overlapping with the Bhojpur Sone-35 sand ghat and
further that a total of 1,98,062.72 MT of sand had already been
extracted/mined. A map was also appended with the aforesaid
letter dated 03.08.2023. The aforesaid letter dated 03.08.2023 is
reproduced herein-below:-
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
7. It is the case of the petitioner that while the
Bihar State Mining Corporation Ltd., had granted short term
mining permits for the very same mineral, i.e., sand, to certain
third parties for the sand ghats situated at Mauza Kharaon
Kalan, Bhojpur on the Sone River, the Mining Department,
Government of Bihar granted a five year mining lease to the
petitioner for the area which overlapped with the area under the
short term permit. In other words, according to the petitioner, a
large part of the area over which the petitioner was granted the
mining licence stood overlapped with the prior short term
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
mining permits of the third party granted by the BMSCL.
Further, it is the case of the petitioner that even after completion
of the auction process, the respondent State continued to grant
short-term licence to third parties over overlapping areas.
8. It is further the case of the petitioner that
while the petitioner was successful in the auction process for the
aforesaid Bhojpur Sone 35 sand ghat which was for a period of
five years, the petitioner was under a bona fide belief that the
representation made by the respondent-State in the tender notice
regarding the availability of quantity of sand was lawful. It is
stated on behalf of the petitioner that at that stage there was no
indication that short term permits had already been granted or
would be granted to third parties over overlapping areas while
the petitioner, being the successful bidder, was obtaining
necessary permissions to commence the process of mining.
9. It is also the case of the petitioner that vide
letter dated 08.09.2023, the Collector, Bhojpur, Ara directed the
petitioner to submit the EIA before the SEIAA, Bihar in order to
obtain environmental clearance within a period of three days
from the date of receipt of the letter.
10. The learned Senior Counsel for the petitioner
submits that the petitioner was shocked to learn that there was a
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
major overlap of area and that the mining was undertaken even
after the area was auctioned off in favour of the petitioner and
the petitioner was amidst the process of obtaining the necessary
clearances. It is submitted by the learned Senior Counsel that
the peculiar situation had put the petitioner in a quandary as on
the one hand, having learnt that the quantity, as had been
auctioned, even as per the own admission of the respondent-
State, stands significantly reduced on account of continued
mining/extraction by third parties and therefore, the grant of
environmental clearance in favour of the petitioner with
11,70,000 CuM of sand would bind the petitioner to mine the
aforesaid quantity. Secondly, according to the petitioner, if
proceeded, the petitioner would have to pay the entire royalty
irrespective of the fact that the actions of the respondent-State
would constitute fraud and unjust enrichment.
11. It is submitted on behalf of the petitioner that
a study based on satellite imagery was conducted by an expert
hired by the petitioner, which according to the petitioner,
revealed the extent of sand available in the area. It is submitted
by the petitioner that while in the year 2018 there was almost
54.64 Hectares out of 65 Hectares reflecting sand, and the
balance was under water, the aforesaid area stood reduced to
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
42.86 Hectares in 2019 and further reduced to 31.44 Hectares in
2022. Furthermore, by the year 2023 the area stood at only
11.76 Hectares and the balance was underwater and even out of
the aforesaid 11.76 Hectares of sand only 9.61 Hectares was not
overlapped.
12. The learned Senior Counsel has next
submitted that since mining activities continued, it was
incumbent upon the respondent State to undertake a fresh
replenishment study immediately after complete cessation of
mining activities by third parties in order to reflect the true
availability of sand in the ghats since the SEIAA can only grant
environmental licences based on and only to the extent of actual
mineral availability and replenished. It is categorically
submitted by the learned Senior Counsel that petitioner had
requested the SEIAA to defer the grant of environmental
clearance in order to undertake fresh replenishment study to
ascertain true availability of sand in the ghat. It is further the
categorical submission of the learned Senior Counsel for the
petitioner that grant of environmental clearance permitting the
petitioner to mine 11,70,000 CuM of sand without confirming if
such quantity of sand is actually even available or not,
particularly in light of the own admission by the respondent
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
State regarding extraction of sand to the tune of 1,98,062MT
would be totally unlawful and against the settled principles of
environmental law.
13. The learned Senior Counsel has further
argued that the respondent authorities are asserting that
irrespective of the quantity of sand available in the ghat area,
the royalty would have to be paid for the entire represented
quantity, i.e., 11,70,000 CuM which equals to Rs.19,30,50,000/-
per annum. The learned Senior Counsel has argued that the
reliance placed by the respondent authorities on clause-21(iv) of
the tender document to contend that total royalty must be paid is
totally misplaced since that would be manifestly arbitrary. It is
vehemently argued on behalf of the petitioner that the State
authorities making a representation regarding a quantity and
then actively undertaking steps to reduce the quantity by
granting short term permits would clearly amount them to
taking advantage of their own wrong.
14. The learned Senior counsel for the petitioner
has argued that even though the petitioner cannot extract more
quantities of sand than what is actually available after being
reduced as a result of the actions of the respondents themselves
by permitting third parties to extract sand under short term
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
permits, yet the petitioner is being tied down to pay the same
annual settlement amount even when admittedly the quantities
available for extraction are lesser and have reduced than what
was originally represented.
15. The next limb of argument advanced by the
learned Senior Counsel is that the scientific studies have clearly
established that the sand bar area has reduced from 54.64
Hectares in 2018 to 11.76 Hectares in 2023. Drawing strength
from the scientific study conducted by the Central Mine
Planning and Design Institute Limited, Ranchi, the learned
Senior Counsel for the petitioner submits that pre and post
monsoon data of 2024 has confirmed that replenishment
occurred only on 20.96 Hectares of sand ghat area to the extent
of only 1,82,291 CuM of sand, as opposed to what the
respondent State had asserted in the tender notice as 11,70,000
CuM of sand annually. The relevant findings of the
replenishment study conducted by the Central Mine Planning &
Design Institute Limited in January, 2025 for the Bhojpur Son-
35 ghat reads as under:-
"FOLLOWING FINDINGS EMERGE ON A
COMPARISON OF THE DATA COLLECTED
AND STUDIES UNDERTAKEN PRE AND POST
MONSOON.
a) The replenishment which has taken place is more
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
along the banks of the river and over area where the
sand bar/ dry area existed pre monsoon.
b) Majority of the lease area continues to be
inundated under water ie. flowing river and there
has not been any major difference in this area post
monsoon. This reflects that there may not be
sufficient replenishment over the said region
where water continues to flow as otherwise sand
bars would have been generated by now. This is
specifically keeping in view of the admitted facts
from mine operator that no mining has been
undertaken in the said area post-2023. Generally, if
the area had seen replenishment the same would
have become evident with enlargement of the
existing sand bar and diversion or narrowing of the
river due to creation of sand bar.
c) The rate of replenishment, therefore, can only be
considered for the dry area i.e. 20.11 Ha and the
same finding cannot be extended to the areas
inundated under water.
d) The sand bank / dry area pre-monsoon was 20.96
Ha. having an estimated reserve of 2,26,419 cum.
sand, if mining was undertaken to average depth of
1.08 meters as thereafter water would be
intercepted. No mining is permissible below the
water table and accordingly sand could have been
mined to an average depth 1.08 meters over the dry
area only.
e) In terms of data collected, the dry area post
monsoon is 20.11 Ha, wherein there has been a
slight decrease in the dry area from 20.96 Ha to
20.11 Ha. As per the model, there has been a
replenishment of approximate 182291.70 cum.
over the now dry area i.c. 20.11 Ha.
f) Accordingly, the approximate reserves as
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
available in the dry area would be (226419 cum.
pre monsoon reserve + 182291.70 cum.
Replenishment post monsoon) = 408710.70 cum."
16. Therefore, it is argued that the insistence of
the State that the petitioner must extract the auction quantity
equal to 11,70,000 CuM annually and pay the royalty
accordingly on the same would be in total breach of
environmental regulations. It is categorically pointed by the
learned Senior Counsel that the balance area is inundated under
water and the law clearly prohibits mining below the water
level.
17. It is the further submission of learned Senior
Counsel for the petitioner that no scientific data has been
produced by the respondent-State to bring on record that the
replenishment and annual availability of sand is equal to the
quantity represented during the auction. The respondent State
while rejecting the representation preferred by the petitioner
vide order dated 07.04.2025 had made a bald averment that
allegedly the entire quantity of sand is available in the subject
sand ghat which would not suffice in view of scientific studies
and therefor, contrary to the records. It is submitted that the
aforesaid order dated 07.04.2025 is evidently without any
scientific particulars and without taking into consideration
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
relevant factors like total dry area, water level in the said dry
area, replenishment, if any etc. and therefore, cannot be a
substitute to the scientific studies suggesting significant
reduction in the replenishment and availability of sand.
18. Adverting to Rule 26 (3) of the Bihar
Mineral (Concession, Prevention of Illegal Mining,
Transportation & Storage) Rules, 2019, the learned Senior
Counsel has submitted that the mining can only be undertaken
upto to three meters or before breaching the water level,
whichever is first, however, from study conducted by the
CMPDIL, it is evident that the water level is available at an
average depth of 1.08 meters only. Therefore, it is the
submission of learned Senior Counsel for the petitioner that the
order dated 07.04.2025 more specifically in paragraph no.3 (iv)
is clearly contrary to the settled principles of law.
19. It is submitted that in terms of the EIA
notification, the State while identifying the site has to ensure
that only 60% of the mineable reserves is put to auction. In
furtherance of the same, the State has auctioned the mining
rights over 65 Hectares, stating that it would have 11,70,000
CuM of sand. In contrast to the same to overcome the fact that
majority of the lease area, as auctioned, is inundated under
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
water and therefore, no mining can take place over the area so
covered, the Respondents are seeking to contend that the
petitioner herein, from the 65 Hectares put to auction can carry
out mining only in 60% of the area i.e., 39 Hectares, it is
therefore, the submission of learned Senior Counsel that there is
no such rule or restriction. Moreover, the mining plan approved
by the respondent-State itself permits mining over the entire
lease area of 65 Hectares.
20. It is the next submission of the learned
counsel for the petitioner that the auction of the lease, in the
present case, as conducted is admittedly for river sand and in
light of the judgment of the Hon'ble Supreme Court in the case
of Deepak Kumar v. State of Haryana reported as (2012) 4
SCC 629, the Ministry of Environment, Forests and Climate
Change has enacted the Sustainable Sand Mining Management
Guidelines, 2016 (SSMMG, 2016) and Enforcement and
Monitoring Guidelines for Sand Mining, 2020 (EMGSM, 2020)
and also amended the EIA notification to include the
requirement of compliance of guidelines and therefore, the State
is under a legal duty to accurately provide the quantity of the
minerals being auctioned, as the bid by the interested party is
based on the quantity being auctioned.
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
21. It is submitted that the action of the State as
impugned in the present proceedings on the face of it is
manifestly arbitrary and unreasonable, inasmuch as, the State
made a specific representation that 11,70,000 CuM of sand
would be available per annum against which a reserve price of
Rs 17.55 crore per annum was fixed at the rate of royalty of Rs
150 per CuM. The petitioner based on the said representation
submitted a bid of Rs.19.3050 crores i.e. Rs 165 per CuM.
However, admittedly in terms of scientifically collected data and
replenishment study by CMPDIL, only 2,26,419 CuM of sand
was available pre monsoon even after mining by third parties
stood suspended since 2023 and after monsoon, a replenishment
of only 1,82,291 CuM of sand was found deposited. Therefore,
it is the categorical submission of learned Senior Counsel for the
petitioner that as of today only 4,08,710 CuM of sand is
available in the area identified as the lease area. Despite the
same, the State is demanding that the petitioner pay the entire
royalty for 11,70,000 CuM of sand, which apart from being
manifestly arbitrary also leads to unjust enrichment.
22. Furthermore, the extraction must not exceed
60% of the total mineral potential, with replenishment being
subject to annual assessment. From the perusal of the guidelines
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
and notifications, it is evident that it is the duty cast on the State
to arrive at the quantity that can be mined through a scientific
means and based on actual surveys. It is submitted that mining
is to be restricted to replenished quantity, in order to safeguard
the environment. However, according to the learned Senior
Counsel, the State is being driven by only economic
considerations when it otherwise has a duty to safeguard the
environment and permit mining only in accordance with law.
23. In support of this submission, learned Senior
Counsel for the petitioner has relied upon a decision of the
Allahabad High Court in the case of M/s Anandeshwar Agro
Foods (P) Ltd. v. State of U.P., reported as 2025 SCC OnLine
All 1536 wherein the Allahabad High Court has emphasized the
need of replenishment study, after considering the 2016 and
2020 guidelines and held as under:-
"29. As stated above, pre and post-monsoon
replenishment studies are mandated in the EMGSM,
2020 guidelines and the same are an extension of
the survey, demarcation and evaluation of the area
or areas declared under Rule 23. The purpose of the
survey and the evaluation that are requisites under
the provisions of Chapters 2 and 4 of the Rules,
2021 are to inform the prospective bidders at the
auction/tender mining leases for minor minerals
(sand and morrum in this case) so that the
prospective bidders are well aware as to the
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
quantity and quality of the minerals available in the
declared area before they place their bids. The State
Government cannot put the onus on the
prospective bidders by stating that it is the bidders
who should undertake an inspection of the area
and satisfy themselves as to the quality and
quantity of the minerals available at the area
proposed to be leased, when the Rules, 2021 and
the EMGSM, 2020 Guidelines require the State
Government to undertake that exercise.
30. The guidelines contained in the SSMMG, 2016 and in
the EMGSM, 2020 have been framed taking into
account the judgments of the Supreme Court, the
High Courts and the NGT. These guidelines appear
to have been issued by the Central Government in
purported exercise of power to issue directions
under Section 20-A of the Mines and Minerals
(Development and Regulation) Act, 1957 (Act,
1957). The importance of the survey/evaluation by
the State authorities in the interest of the ecology
and environment in respect of the areas proposed to
be leased under the Rules, 2021 cannot be over
emphasised. It is the only available and prescribed
manner by which the State Government can make a
realistic assessment as to the extent to which mining
can be permitted in the leased area after taking into
account the fragility of the ecology, the flora and
fauna and the rivers, as well as the impact on the
environment.
Xxx
42. Thus, the annual audit envisaged under the
aforesaid EMGSM, 2020 guidelines and the
replenishment study, both pre-monsoon and post-
monsoon, assume great importance keeping in view
the environment and ecology of the mining area.
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
Mining within or near riverbeds has a direct impact
on the stream's physical characteristics, such as
channel geometry, bed elevation, substratum
composition and stability, in-stream roughness of
the bed, flow velocity, discharge capacity, sediment
transport capacity, turbidity, temperature, etc.
Alteration or modification of the above attributes
may cause an impact on the ecological equilibrium
of the riverine regime, disturbance in channel
configuration and flowpaths. This may also cause
an adverse impact on in-stream biota and riparian
habitats. It is assumed that the riparian habitat
disturbance is minimum if the replenishment is equal
to excavation for a given stretch. Therefore,
the Emgsm, 2020 guidelines recommends that it is
imperative to have a study of replenishment of
material during the defined period to minimise the
adverse impact arising out of sand mining in a given
river stretch. The Emgsm, 2020 guidelines provides
that the excavation will be limited to estimated
replenishment estimated with consideration of other
regulatory provisions."
24. It is, therefore, submitted by the learned
Senior Counsel for the petitioner that the contention of the State
that under the tender notice condition no 42(xix), the bidder had
to satisfy itself about the availability of the mineral, is of no
avail since the requirement under the law is that the estimation
being provided by the State is to be based on current scientific
studies and the State cannot shift that burden on the bidders as
has been held by the Allahabad High Court in the case of M/s
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
Anandeshwar Agro Foods Pvt. Ltd. (supra). Further, the
condition being sought to be relied on is impossible to fulfill, if
read in the manner as is being done by the respondent-State
since the availability of sand cannot be based only on ocular
consideration and would require detailed studies.
25. The next submission of learned Senior
Counsel for the petitioner is that the SEIAA and the SEAC
being a statutory body was bound to apply its mind before
granting the environmental clearance to the petitioner. The
SEAC minutes dated 05.10.2023 itself records that the project
proponent (petitioner) had informed the Committee that enough
replenishment of sand has not happened after the closure of the
previous mining, however, despite this fact being brought to the
notice, the SEIAA had imposed a contradictory condition, on
one hand, the SEIAA had granted the environmental clearance
on 19.12.2023 for the production of the full quantity i.e. 11.70
lakhs CuM of sand but on the other hand, simultaneously
imposed a contradictory condition not to mine beyond the
replenished quantity of sand.
26. The learned Senior Counsel has drawn
strength from a decision of the Hon'ble Supreme Court in the
case of Territory of J & K vs. Raja Muzaffar Bhat reported as
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
2025 SCC OnLine SC 1789 wherein the Hon'ble Supreme
Court after considering the 2016 and 2020 guidelines has held
that in absence of replenishment study, no mining can be
permitted in the river bed since only based on a replenishment
study, one can know the extent to which the sustainable mining
can be undertaken.
27. Lastly, it has been submitted by learned
Senior Counsel for the petitioner that even in contractual matter,
the State is bound to act fairly, reasonably and the conduct is
subject to judicial scrutiny on the touchstone of Article 14. In
support of the aforesaid submission, he has placed reliance on
the decision rendered in the cases of ABL International Ltd. vs.
Export Credit Guarantee Corporation of India Ltd. reported as
(2004) 3 SCC 553 and Indian Oil Corporation Limited vs.
Nilofer Siddiqui reported as (2015) 15 SCC 125.
28. Per contra, the learned counsel for the
respondent nos.3 to 8 has, at the outset, submitted that the
present writ petition is premised on the fact that during the
period prior to the commencement of the mining by the
petitioner, sand was extracted under short-term arrangements
and therefore the petitioner is entitled to reduction of royalty or
reassessment of mineral quantity. It is the submission of the
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
learned counsel for the respondent nos. 3 to 8, that said premise
is factually incorrect and legally untenable.
29. It is the categorical submission that the
estimated quantity of sand with respect to the Bhojpur Sone-35
sand ghat was duly disclosed in the notice inviting tender dated
13.09.2022 which was based on the District Survey Report
(DSR) prepared by the Sub-Divisional Committee and duly
approved by the SEIAA on 07.04.2022. Further, in the aforesaid
DSR, the total reserve of sand was assessed at 31,59,000 MT
and therefore in accordance with the Enforcement & Monitoring
Guidelines for Sand Mining, 2020 (EMGSM-2020), only 60%
of the said total reserve i.e., 18,95,400 MT per annum was
permitted to be mined.
30. The learned counsel for respondent Nos. 3 to
8 has next submitted that the petitioner had participated in the
auction with the full knowledge of the estimated quantity and
having accepted the terms in the NIT, he can not turn around to
seek reassessment at a later stage. Pertinently, the petitioner had
never raised any objection at the stage of preparation or
approval of the Mining Plan or before the SEIAA while
applying for the environmental clearance or even during the
public hearing. Therefore, now having consciously participated
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
in the auction process and accepted the disclosed estimation, the
petitioner is now estopped from seeking a post-bid reassessment
or reduction of royalty.
31. The learned counsel for the petitioner has
next submitted that the replenishment study confirms sufficient
availability. It is emphasized that the replenishment study of the
Sone River was conducted through CMPDIL, Ranchi and the
aforesaid study revealed 112% replenishment of sand after
monsoon, therefore conclusively establishing that river Sone is a
living river and annual replenishment being a natural and
continuous process, the contention of the petitioner that prior
mining would exhaust the mineral availability is untenable. It is
further the submission that the non-availability of sand is
therefore scientifically incorrect and contrary to record.
32. Adverting to the decision of the Hon'ble
Supreme Court in the case of State of Bihar vs. Pawan Kumar
& Ors. (Civil Appeal Nos. 3661-3662 of 2020) reported as
(2022) 2 SCC 348, the learned counsel for the respondent nos. 3
to 8 has submitted that the allegations of grant of short-term
mining permits to third parties does not stand, since the
aforesaid permits were granted in compliance of the directions
given by the Hon'ble Supreme Court in Pawan Kumar (supra),
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
the relevant portion of which reads as under:-
"15. We further find that when the 2020 Guidelines as
well as the notification issued by MoEF and CC of
2016 itself provide for constitution of Sub-Divisional
Committees comprising of the officers of the State
Government from various Departments for
identification of the potential sites for mining, there
would be no necessity of the DSRs being prepared
through private consultants as directed by the
Tribunal in the impugned order [Pawan Kumar v
State of Bihar, 2020 SCC OnLine NGT 2848]. The
Sub-Divisional Committee consists of various
officers from Revenue Department, Irrigation
Department, State Pollution Control Board, Forest
Department and Geology and Mining Department of
the State Government. They are better equipped to
visit the sites and prepare the draft DSR for the
district concerned. Apart from that, preparation of
DSR through private consultants would also
unnecessarily burden the public exchequer. We are
therefore of the view that the direction in that regard
issued by the Tribunal requires to be modified. We
are further of the considered view that until the
DSRs are finalised and granted approval by SEAC
and Seiaa, it is appropriate that certain necessary
arrangements are permitted so that the State can
continue with legal mining activities. This apart
from preventing illegal mining activities, would also
ensure that the public exchequer is not deprived of
its share in legalised mining.
16. We therefore find it appropriate to substitute the
directions issued by the Tribunal vide judgment and
order dated 14-10-2020 [Pawan Kumar v. State of
Bihar, 2020 SCC OnLine NGT 2848], with the
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
following directions:
16.1. The exercise of preparation of DSR for the purpose
of mining in the State of Bihar in all the districts
shall be undertaken afresh. The draft DSRs shall be
prepared by the Sub-Divisional Committees
consisting of the Sub-Divisional Magistrate,
Officers from Irrigation Department, State Pollution
Control Board or Committee, Forest Department,
Geological or Mining Officer. The same shall be
prepared by undertaking site visits and also by using
modern technology. The said draft DSRs shall be
prepared within a period of 6 weeks from the date of
this order. After the draft DSRs are prepared, the
District Magistrate of the district concerned shall
forward the same for examination and evaluation by
SEAC. The same shall be examined by SEAC within
a period of 6 weeks and its report shall be
forwarded to SEIAA within the aforesaid period of 6
weeks from the receipt of it. SEIAA will thereafter
consider the grant of approval to such DSRs within
a period of 6 weeks from the receipt thereon.
16.2. Needless to state that while preparing DSRs and the
appraisal thereof by SEAC and SEIAA, it should be
ensured that a strict adherence to the procedure and
parameters laid down in the policy of January 2020
should be followed.
16.3. Until further orders, we permit the State
Government to carry on mining activities through
Bihar State Mining Corporation for which it may
employ the services of the contractors. However,
while doing so, the State Government shall ensure
that all environmental concerns are taken care of
and no damage is caused to the environment.
17. List the matter after 20 weeks."
33. Therefore, it is the submission of the
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
answering respondents that the short-term mining arrangements,
as referred by the instant petitioner, were thus expressly
authorized by the Hon'ble Supreme Court and were undertaken
in public interest intended to ensure continuity of lawful mining
pending statutory approvals. It is, therefore, argued by the
answering respondents that any extraction carried out in
pursuance of the aforesaid directions cannot be termed illegal,
arbitrary or excessive nor can it create any vested right in favour
of a subsequent bidder to claim refund or reassessment.
34. It is also the submission advanced by the
learned counsel for the answering respondents that due to
closure of the Bhojpur Sone sand ghat no. 35 for the last three
years has resulted in substantial revenue loss to the Government
in the form of settlement (bandobasti) amount.
35. The next limb of the argument advanced by
the learned counsel is that the contention of the highest bidder
that after auction conducted in their favour in the year 2022,
sand mining was carried out for a period of only two to three
months and it has been alleged that the portion of land where
mining was undertaken, through falling partially within the
allotted sand ghat area, contained an inadequate quantity of sand
is totally baseless and devoid of merit. It is submitted that it is
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
well-established fact that every year during the four months of
the monsoon season when the sand mining operations remain
completely suspended, sufficient natural replenishment of sand
takes place in the sand ghats. Such replenishment is
scientifically assessed every year by the CMPDIL and as per the
annual reports submitted by the CMPDIL to the State
Government, the replenishment rate is assessed at
approximately at 112% every year. Therefore it is submitted
that, during the last three years, the quantity of sand replenished
is several times higher than the alleged depletion claimed by the
petitioner. It is therefore vehemently argued that the shortage of
sand is entirely untenable and contrary to records.
36. It is next submitted that in the district of
Bhojpur, approximately 40 sand ghats are operational, out of
which 10 sand ghats are currently being operated in their third
year and 20 of them are in their second year of operation.
Therefore it is submitted by the answering respondents that this
clearly demonstrates that sand mining was carried out in the first
year, replenishment occurred in the second year, followed by
mining again within the same demarcated area and thereafter
replenishment took place once more before mining in the third
year. This cycle of mining and replenishment is continuous and
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
well established. Hence, it is argued that the contention raised
by the petitioner stands completely contradicted by prevailing
ground realities.
37. It is, therefore, argued that owing to the said
act and inaction on the part of the petitioner the State has
suffered revenue loss exceeding three times the annual
settlement amount per year.
38. Adverting to the clause 42(xix) of the tender
document, the learned counsel for the answering respondents
has submitted that the aforesaid clause unequivocally stipulates
that the bidder must satisfy himself regarding the availability of
the sand, transportation routes and all factual and technical
aspects and no claim beyond the terms of the tender shall be
entertained. It is also argued by the learned counsel for the
answering respondents that there is no statutory provision for
the reduction, refund or reassessment of royalty. The statutory
scheme treats royalty as the consideration payable for grant of
mineral concession and governed strictly by the Rules, tender
conditions and executed agreement. It is therefore further argued
by the learned counsel for the answering respondents that in
absence of any enabling statutory provision, the relief sought by
the petitioner is impermissible.
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
39. Lastly, the learned counsel for the answering
respondents has argued that the petitioner had raised no
grievance at any relevant statutory stage and approached this
Court after the liability to pay the royalty was crystallized. It has
been argued by the learned counsel for the answering
respondents that the present petitioner seeks to convert a purely
contractual and statutory obligation into an equitable claim
which is wholly impermissible in writ jurisdiction.
40. I have considered the submissions of the
parties and perused the materials available on record.
41. In the present case, the availability of sand in
the Bhojpur Sone 35 sand ghat, settled in favour of the highest
bidder - petitioner, by way of e-auction, was put to question on
the ground that short term mining permits were issued to third
parties on overlapping areas as that of the petitioner, which
according to the petitioner, resulted in severe depletion in
availability of sand. During the course of obtaining
environmental clearance, the petitioner came to know the extent
to which such overlapping exists and the extraction of the sand
which has taken place. Thereafter, it appears that the petitioner
took upon himself and conducted a Satellite Imagery Analysis to
further ascertain the extent of overlap and the availability of
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
sand in the aforesaid sand ghat. The petitioner, in support of his
assertion, draws strength from a replenishment studies
conducted by the CMPDIL, Ranchi, in September, 2024 and
January, 2025 wherein there has been a significant reduction in
the replenishment of the sand. Based on the aforesaid, the
petitioner contends that the demand for royalty to the extent of
original/entire represented amount of 11,70,000 CuM of sand
cannot be recovered from him.
42. On the other hand the contention is rebutted
by the answering respondents by stating that the river in
question is a living river having continuous annual
replenishment rate of 112% and therefore, a post bid
reassessment is impressible.
43. It is settled law that the mining activities
cannot be permitted beyond the annual replenishment rate since
that would endanger the environment and if the geological
processes that naturally replenish the availability of sand cannot
match the rate at which the mining occurs then over the period
of time aggressive and continued mining activity would result in
long term environmental damage. Therefore, sustainable
development is sine qua non to strike a balance between
developmental activities and the conservation of environment.
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
44. The National Green Tribunal in the case of
Raj Kumar vs. State of U.P. (O.A. No.140/2021), Pramod vs.
State of U.P. (Appeal No.23/2021) and Junaid Ayubi & Ors. vs.
State of Haryana & Ors. reported as 2024 SCC OnLIne NGT
445 has held that replenishment studies is a prerequisite
mandatory condition for sand mining projects.
45. The seriousness of the adverse impact on the
ecology of a river owing to excessive river bed mining was
underscored by the Hon'ble Supreme Court in the case of
Deepak Kumar & Ors. vs. State of Haryana & Ors. reported as
(2012) 4 SCC 629. Relevant paragraphs of the aforesaid
decision read as under:-
"8. We have no materials before us to come to the
conclusion that the removal of minor minerals,
boulders, gravel, sand quarries, etc. covered by the
auction notices dated 3-6-2011 and 8-8-2011, in
the places notified therein and also in the riverbeds
of Yamuna, Ghaggar, Tangri, Markanda,
Krishnavati River basin, Dohan River basin, etc.
would not cause environmental degradation or
threat to the biodiversity, destroy riverine
vegetation, cause erosion, pollute water sources,
etc. Sand mining on either side of the rivers,
upstream and instream, is one of the causes for
environmental degradation and also a threat to the
biodiversity. Over the years, India's rivers and
riparian ecology have been badly affected by the
alarming rate of unrestricted sand mining which
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
damage the ecosystem of rivers and the safety of
bridges, weakening of riverbeds, destruction of
natural habitats of organisms living on the
riverbeds, affects fish breeding and migration, spells
disaster for the conservation of many bird species,
increases saline water in the rivers, etc.
9. Extraction of alluvial material from within or near a
streambed has a direct impact on the stream's
physical habitat characteristics. These
characteristics include bed elevation, substrate
composition and stability, instream roughness
elements, depth, velocity, turbidity, sediment
transport, stream discharge and temperature.
Altering these habitat characteristics can have
deleterious impacts on both instream biota and the
associated riparian habitat. The demand for sand
continues to increase day by day as building and
construction of new infrastructures and expansion of
existing ones is continuous thereby placing immense
pressure on the supply of the sand resource and
hence mining activities are going on legally and
illegally without any restrictions. Lack of proper
planning and sand management cause disturbance
of marine ecosystem and also upset the ability of
natural marine processes to replenish the sand.
10. We are expressing our deep concern since we are
faced with a situation where the auction notices
dated 3-6-2011 and 8-8-2011 have permitted
quarrying, mining and removal of sand from
instream and upstream of several rivers, which may
have serious environmental impact on ephemeral,
seasonal and perennial rivers and riverbeds and
sand extraction may have an adverse effect on
biodiversity as well. Further, it may also lead to bed
degradation and sedimentation having a negative
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
effect on the aquatic life. The rivers mentioned in
the auction notices are on the foothills of the fragile
Shivalik Hills. Shivalik Hills are the source of rivers
like Ghaggar, Tangri, Markanda, etc. River
Ghaggar is a seasonal river which rises up in the
outer Himalayas between Yamuna and Satluj and
enters Haryana near Pinjore, District Panchkula,
which passes through Ambala and Hissar and
reaches Bikaner in Rajasthan. River Markanda is
also a seasonal river like Ghaggar, which also
originates from the lower Shivalik Hills and enters
Haryana near Ambala. During monsoon, this stream
swells up into a raging torrent, notorious for its
devastating power, as also, River Yamuna.
11. We find that it is without conducting any study on
the possible environmental impact on/in the
riverbeds and elsewhere the auction notices have
been issued. We are of the considered view that
when we are faced with a situation where extraction
of alluvial material within or near a riverbed has an
impact on the river's physical habitat
characteristics, like river stability, flood risk,
environmental degradation, loss of habitat, decline
in biodiversity, it is not an answer to say that the
extraction is in blocks of less than 5 ha, separated
by 1 km, because their collective impact may be
significant, hence the necessity of a proper
environmental assessment plan.
xxxx
25. Quarrying of river sand, it is true, is an important
economic activity in the country with river sand
forming a crucial raw material for the
infrastructural development and for the
construction industry but excessive instream sand
and gravel mining causes the degradation of
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
rivers. Instream mining lowers the stream bottom
of rivers which may lead to bank erosion.
Depletion of sand in the streambed and along
coastal areas causes the deepening of rivers which
may result in destruction of aquatic and riparian
habitats as well. Extraction of alluvial material as
already mentioned from within or near a
streambed has a direct impact on the stream's
physical habitat characteristics.
26. We are of the considered view that it is highly
necessary to have an effective framework of
mining plan which will take care of all
environmental issues and also evolve a long-term
rational and sustainable use of natural resource
base and also the bio-assessment protocol. Sand
mining, it may be noted, may have an adverse
effect on biodiversity as loss of habitat caused by
sand mining will affect various species, flora and
fauna and it may also destabilise the soil structure
of river banks and often leaves isolated islands. We
find that, taking note of those technical, scientific
and environmental matters, MoEF, Government of
India, issued various recommendations in March
2010 followed by the Model Rules, 2010 framed by
the Ministry of Mines which have to be given effect
to, inculcating the spirit of Article 48-A and Article
51-A(g) read with Article 21 of the Constitution."
(emphasis supplied)
46. It would be apposite to refer to the guidelines
issued by the Ministry of Environment, Forest and Climate
Change, Sand Mining guidelines of 2016 and 2020, which
prohibit mining beyond the rate of replenishment.
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
47. The provisions under Clause-4, 5 and 6.1 of
the Enforcement and Mining Guidelines for Sand Mining, 2020
has been quoted by the National Green Tribunal in the case of
Junaid Ayubi v. State of Haryana reported as 2024 SCC
OnLine NGT 445, which read as under:-
"18. In the present case, EC has been issued on
29.01.2022 and on the date of issuance of the EC,
the guidelines of 2020 had come in force. The
relevant considerations which are to be kept in mind
for sand/gravel mining while approving the mining
plan are reflected in clause 4.3 of the guidelines of
2020 and in terms of clause 4.3(b), the distance
between sites for sand and gravel mining depends
on the replenishment rate of the river. Clause 4.3
reads as under:--
"Following considerations shall be kept in
mind for sand/gravel mining while
approving mining plan:
a) Parts of the river reach that experience
deposition or aggradation shall be
identified. The Leaseholder/Environmental
Clearance holder may be allowed to extract
the sand and gravel deposit in these
locations to manage aggradation problem.
b) The distance between sites for sand and
gravel mining shall depend on the
replenishment rate of the river. Sediment
rating curve for the potential sites shall be
developed and checked against the extracted
volumes of sand and gravel.
c) Sand and gravel may be extracted across the
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
entire active channel during the dry season.
d) Abandoned stream channels on the terrace
and inactive floodplains be preferred rather
than active channels and their deltas and
flood plains. The stream should not be
diverted to form the inactive channel.
e) Layers of sand and gravel which could be
removed from the river bed shall depend on
the width of the river and replenishment
rate of the river.
f) Sand and gravel shall not be allowed to be
extracted where erosion may occur, such as
at the concave bank.
g) Segments of the braided river system should
be used preferably falling within the lateral
migration area of the river regime that
enhances the feasibility of sediment
replenishment......"
19. Clause 4 of the guidelines of 2020 deals with
Requirements for Monitoring & Enforcement and its
relevant sub-clauses are as under:--
xxx................xxx...................... xxx
ii) The mining lease auctioned by State
government as per their Minor Mineral Concession
Rules are granted of Letter of Intent (LoI), but it has
been observed that many of the sites are not suitable
w.r.t. environmental aspects. In most of the cases,
the unplanned grant of mining lease leads to
formation of cluster and/or contiguous cluster of
small mining leases which sometimes is difficult to
regulate and monitor. In order to address such
issues, more emphasis is required on the preparation
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
of District Survey Report and its format for
reporting.
xxx................xxx...................xxx
iv) There is no practice for regular
replenishment study to ascertain the rate of
depositing, plan and section needs to be prepared
based on the restrictions provided in letter of intent
and provisions of Sustainable Sand Mining
Management Guidelines 2016.
xxx................xxx.........................xxx
viii) The river reaches with sand provide the
resource and thus it is necessary to ascertain the
rate of replenishment of the mineral. Regular
replenishment study needs to be carried out to keep
a balance between deposition and extraction. This
document provides the procedure to be followed
for conducting replenishment study.
xxx......................xxx................xxx
4.1.1 Preparation of District Survey Report.
"Sustainable Sand Mining Guidelines, 2016"
issued by MoEF&CC requires preparation of
District Survey Report (DSR), which is an important
initial step before grant of mining lease/LoI. The
guidelines emphasize detailed procedure to be
followed for the purpose of identification of areas of
aggradation/deposition where mining can be
allowed and identification of areas of erosion and
proximity to infrastructural structures and
installation where mining should be prohibited.
Calculation of annual rate of replenishment,
allowing time for replenishment after mining,
identification of ways of scientific and systematic
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
mining; identifying measures for protection of
environment and ecology and determining
measures for protection of bank erosion,
benchmark (BM) with respect to mean Sea Level
(MSL) should be made essential in mining channel
reaches (MCR) below which no mining shall be
allowed.
Xxx................xxx.........................xxx
Therefore, preparation of District Survey Report
is a very important step and sustainable sand
mining in any part of the country will depends on
the quality of District Survey Report.
xxx................xxx..........................xxx
a) District Survey Report for sand mining shall
be prepared before the auction/e-auction/grant of
the mining lease/Letter of Intent (LoI) by Mining
department or department dealing the mining
activity in respective states...."
20. Clause 5 deals with replenishment study and provides as
under:-
"5.0 REPLENISHMENT STUDY
The need for replenishment study for river bed
sand is required in order to nullify the adverse
impacts arising due to excessing sand extraction.
Mining within or near riverbed has a direct impact
on the stream's physical characteristics, such as
channel geometry, bed elevation, substratum
composition and stability, in-stream roughness of
the bed, flow velocity, discharge capacity, sediment
transport capacity, turbidity, temperature etc.
Alteration or modification of the above attributes
may cause an impact on the ecological equilibrium
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
of the riverine regime, disturbance in channel
configuration and flow-paths. This may also cause
an adverse impact on instream biota and riparian
habitats. It is assumed that the riparian habitat
disturbance is minimum if the replenishment is
equal to excavation for a given stretch. Therefore,
to minimize the adverse impact arising out of sand
mining in a given river stretch, it is imperative to
have a study of replenishment of material during
the defined period."
[emphasis supplied]
21. As per clause 6.1, the mining operation is required to be
strictly carried out in accordance with the approved mining
plan. Clause 6.1 reads as under:-
"6.1 Mining Operation:
The mining operations should be strictly carried
out in accordance with the approved mining plan
and after complying with all the conditions
stipulated in Environmental & Other Statutory
Clearance. Mine owner shall follow the operational
procedure (for sale, dispatch, storage, reserve
reconciliation and transportation) as may be defined
by the concerned state government in its monitoring
guidelines. Mine owner should comply with the
recommendation and suggestion made by the High-
Power Committee as applicable."
22. Clause 8.1 of the guidelines of 2020 relates to pre-
requisite for starting sand mining operation. Sub-clause (i)
necessitates preparation of a comprehensive mining plan
and prohibits mining in the area which has not been
identified in the comprehensive mining plan of the district.
Sub-clause (ii) requires conducting replenishment study on
the regular basis. In terms of clause 4.3, the details of
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
replenishment study conducted for all the years needs to be
included at the time of review of the mining plan.
A cogent reading of above clauses of 2020
guidelines reveal that replenishment study is necessary for
grant of EC for sand mining."
48. The Hon'ble Supreme Court even while
passing the interim order in the case of Pawan Kumar (supra)
which has been quoted herein-above had emphasized the
mandatory requirement of preparation of DSR, of which,
replenishment study forms an integral part thereof and held that
even though the State Government may carry on mining
activities through Bihar State Mining Corporation for which it
may employ the services of the contractors. However, while
doing so, the State Government shall ensure that all
environmental concerns are taken care of and no damage is
caused to the environment. Therefore, it is clear that even while
permitting for grant of temporary mining permits, the Hon'ble
Supreme Court had mandated that the State Government shall
ensure that all environmental concerns are taken care of and no
damage is caused to the environment.
49. Recently, the Hon'ble Supreme Court in the
case of State of Uttar Pradesh & Anr. vs. Gaurav Kumar &
Ors. reported as 2025 SCC OnLine SC 1069 = 2025 INSC 650
has held as under:-
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
"20. Conclusion: Having considered the regulatory
regime introduced from time to time, increasing the
width as well as the depth of scrutiny before
granting an environmental clearance for sand
mining, we are of the opinion that there is a
mandatory requirement of preparation of a DSR.
The DSR shall form the basis for application of
environmental clearance. It shall also be the basis
for preparation of reports and also appraisal of the
projects. Another important facet of DSR is that it
shall be prepared for all the districts and the draft is
to be placed in the public domain. There is a
requirement for keeping a copy of DSR in
Collectorate. It must also be posted on the district's
website for 21 days. After comments are received,
they shall be considered and if found correct, they
will be incorporated in the final report. The final
DSR will then be finalized within 6 months by the
DEIAA. The lifetime of the report is five years. After
five years the existing DSR will not be tenable and a
new DSR will have to be prepared and finalized. The
purpose and object of prescribing a lifetime of five
years for subsistence of a DSR is for the reason that
the position of ecology and the environment is
rapidly changing and the position that exists five
years back, may not subsist for later days. It is true
that it might have changed even before the expiry of
five years but a reasonable estimate, to work as a
benchmark is a policy consideration. May be a
precautionary principle, it is not only legal and
valid but is also mandatory. It must be enforced
strictly and with all vigor.
21. We conclude by holding that:
(i). A District Survey Report is a document of seminal
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
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 recognized 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.
50. In the case of Union Territory of J & K vs.
Raja Muzaffar Bhatta (supra), the Hon'ble Supreme Court has
reiterated the importance and mandatory nature of a valid
replenishment study and concluded as under:-
"1. In State of UP v. Gaurav Kumar (2025 SCC OnLine
SC 1069), we have declared that a valid and
subsisting District Survey Report is mandatory for
grant of environmental clearance for sand mining.
We have also annulled certain environmental
clearances, even though recommended by District
Expert Appraisal Committee and granted by District
Level Environment Impact Assessment Authority, on
the basis that a 'draft DSR' is untenable in law
(2025 SCC OnLine SC 1069). In this appeal we take
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
a step further. District Survey Reports are prepared
under para 7(iii) of EIA notification dated
15.01.2016 following the mandatory procedure laid
down in Appendix X read with Sustainable Sand
Mining Management Guidelines, 2016 and
Enforcement and Monitoring Guidelines for Sand
Mining, 2020. The purpose and objective of
preparing such District Survey Report is to
scientifically locate the place for sand mining after
calculation of annual rate of replenishment for
allowing mining in the area.
2. Just as forest conservation requires assessment of
tree growth rate before permitting timber harvesting
to ensure that felling of trees does not exceed tree
growth, a replenishment study enables us to take an
informed decision as to whether sand mining can be
permitted without degrading the rivers' natural
balance. Importance of replenishment study is
explained in the Sand Mining Guidelines 2020 as
follows:
"The need for replenishment study for river
bed sand is required in order to nullify the
adverse impacts arising due to excessive
sand extraction. Mining within or near
riverbed has a direct impact on the stream's
physical characteristics, such as channel
geometry, bed elevation, substratum
composition and stability, in-stream
roughness of the bed, flow velocity,
discharge capacity, sediment transport
capacity, turbidity, temperature etc.
Alteration or modification of the above
attributes may cause an impact on the
ecological equilibrium of the riverine
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
regime, disturbance in channel configuration
and flow-paths. This may also cause an
adverse impact on in-stream biota and
riparian habitats. It is assumed that the
riparian habitat disturbance is minimum if
the replenishment is equal to excavation for
a given stretch. Therefore, to minimize the
adverse impact arising out of sand mining
in a given river stretch, it is imperative to
have a study of replenishment of material
during the defined period."
3. It is, therefore, compelling to hold that a DSR is
valid and tenable only when a proper
replenishment study is conducted.
xxxx
10. Need for replenishment study:
29. From the foregoing analysis, it is apparent that in
light of Guidelines, 2016 and the Guidelines, 2020,
the absence of a replenishment study renders a DSR
fundamentally defective. These guidelines
categorically require that any assessment of
mineable mineral quantity must be premised on
scientific estimation of replenishment rates, failing
which the DSR lacks the foundational data
necessary to determine sustainable extraction
limits.
30. Over the past two decades, environmental statutory
and regulatory law in India has undergone
significant evolution, particularly in response to the
challenges posed by unregulated and unsustainable
sand mining. Recognizing the adverse ecological
impacts of such activities, successive legal and
policy frameworks have progressively tightened the
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
requirements for environmental compliance. In
order to appreciate the present controversy, it was
necessary to retrace the legal trajectory. Recently,
this Court has discussed, in detail, the legal regime
surrounding the preparation, nature, scope and
importance of DSR in Gaurav Kumar (supra).
However, the focal point for present discussion is the
value that must be appended to replenishment study
before EC is granted to mining operations.
31. Demand for construction-grade sand is growing at
a tremendous rate and it is said that the world is
expected to run out of this resource by 2050.
Construction-grade sand, can be found in aquatic
environments, such as rivers and is a provisioning
ecosystem service. Even under controlled
circumstances, the practice of extracting sand from
the riverbed and banks impacts the environment.
In the physical environment, the primary effects
are riverbed widening and lowering. In the
biological environment, the overarching effect is a
reduced biodiversity and stretches from the aquatic
and shoreline flora and fauna to the whole
floodplain area. Due to easy access, river sand and
gravel have been used extensively in construction
projects. Depending on the mining operation
method as well as morphologic and hydraulic
characteristics of the river, sand mining may cause
bed and bank erosion or other negative
consequences for the river eco-system. It is,
therefore, necessary to conduct appropriate
studies, including that of replenishment to explore
sustainable and cost-effective methods for river
mining.
32. Without a proper study of the existing position of the
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
riverbed and its sustainability for further sand
mining, grant of environmental clearances would be
detrimental for the ecology. It has therefore been
held that a detailed study leading to a preparation of
the replenishment report is an integral part of the
DSR. If the DSR becomes the foundation for
consideration of an application for environmental
clearance, then it is compelling to ensure
replenishment studies are undertaken in advance
and the report forms an integral part of the DSR.
33. In view of the existing legal regime that mandates
preparation of replenishment report in a scientific
manner and such a report forming an integral part
of the District Survey Report, we hold that a
District Survey Report without a proper
replenishment study is equally untenable."
51. It is settled law that the Doctrine of Public
Trust binds the State to protect the environment. Recently a
nine-judge Bench of the Hon'ble Supreme Court in Mineral
Area Development Authority & Anr. v. SAIL & Anr. reported as
(2024) 10 SCC 1 had held as under:-
"(iv) Natural resources and the public trust
doctrine
59. The public trust doctrine is founded on the principle
that certain resources are nature's bounty which
ought to be reserved for the whole populace, for the
present and for the future. [ Joseph L. Sax, "The
Public Trust Doctrine in Natural Resource Law :
Effective Judicial Intervention", (1970) Michigan
Law Review 471, 484.] Since these resources are
intrinsically important to every person in society,
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
the State Acts as a public trustee to safeguard them.
In M.C. Mehta v. Kamal Nath [M.C. Mehta v. Kamal
Nath, (1997) 1 SCC 388, para 34], Kuldip Singh, J.
observed that the State is the trustee of all natural
resources which are by nature meant for public use
and enjoyment. The learned Judge further observed
that the State has a legal duty to protect natural
resources which cannot be converted into private
ownership. [M.C. Mehta v. Kamal Nath, (1997) 1
SCC 388, para 34] The environment and natural
resources are national assets and subject to
intergenerational equity. [M.C. Mehta v. Union of
India, (2009) 6 SCC 142, para 45] The public trust
doctrine looks beyond the needs of the present
generation and obligates the State to protect natural
resources for future generations as well. [T.N.
Godavarman Thirumulpad v. Union of India, (2006)
1 SCC 1, para 89]
60. While dealing with the allocation of spectrum in CPIL
v Union of India [CPIL v. Union of India, (2012) 3
SCC 1] , this Court held that the State should
distribute natural resources in consonance with the
principles of equality and public trust to ensure
against action detrimental to public interest. The
public trust doctrine imposes restrictions and
obligations on the Government to protect long-
established public rights over short-term private
rights and private gain. [Fomento Resorts & Hotels
Ltd. v. Minguel Martins, (2009) 3 SCC 571, para
55 : (2009) 1 SCC (Civ) 877] However, the
obligation extends to every person who exercises
rights over natural resources to use them without
impairing or diminishing the rights of people and
long-term interests in that property or resource.
[Fomento Resorts & Hotels Ltd. v. Minguel Martins,
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
(2009) 3 SCC 571, para 55 : (2009) 1 SCC (Civ)
877] In Reliance Natural Resources Ltd. v. Reliance
Industries Ltd. [Reliance Natural Resources Ltd. v.
Reliance Industries Ltd., (2010) 7 SCC 1, para 114],
in the context of Article 297 [Constitution of India,
Article 297] of the Constitution, this Court held that
the nature of the word "vest" must be seen in the
context of the public trust doctrine. [Reliance
Natural Resources case, (2010) 7 SCC 1, para 122]
61. The principle which emanates from the above
discussion is that the State holds all natural
resources, including minerals, as a trustee of the
public and must deal with them in a manner
consistent with the nature of such a trust. [Natural
Resources Allocation, In re, Special Reference No. 1
of 2012, (2012) 10 SCC 1, para 88]
62. The Central Government or the State Government
may not always be the "owner" of the underlying
minerals. But the Constitution empowers both
Parliament (under List I Entry 54) and the State
Legislatures (under List II Entry 23) to regulate
mines and mineral development, the entrustment to
the State being subject to the power of Parliament to
regulate the domain. The Constitution has entrusted
the Union and the States with the responsibility to
regulate mines and mineral development in
consonance with the principles of the public trust
doctrine and sustainable development of mineral
resources. Under the MMDR Act, the Central
Government, acting as a public trustee of minerals,
regulates prospecting and mining operations in
public interest. [State of Rajasthan v. Gotan Lime
Stone Khanji Udyog (P) Ltd., (2016) 4 SCC 469,
para 29; Orissa Mining Corpn. Ltd. v. Union of
India, (2013) 6 SCC 476, para 58] In the process,
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
the legislation seeks to increase awareness of the
compelling need to restore the serious ecological
imbalance and protect against damage being caused
to the nature. [State (NCT of Delhi) v. Sanjay,
(2014) 9 SCC 772, para 32 : (2014) 5 SCC (Cri)
437]
63. In Pradeep S. Wodeyar v. State of Karnataka
[Pradeep S. Wodeyar v. State of Karnataka, (2021)
19 SCC 62, para 49.3], one of us (D.Y.
Chandrachud, J.) observed that the essence of the
MMDR Act is to "protect humankind and every
species whose existence depends on natural
resources from the destruction which is caused by
rapacious and unregulated mining". The Court
noted that the restrictions under Section 4 of the
MMDR Act are intrinsically meant to protect the
environment and communities who depend on the
environment.
64. The principle that the Union and State Governments
act as public trustees of mineral resources has been
incorporated in the MMDR Act. Section 4-A
empowers the Central Government to prematurely
terminate a prospecting licence, exploration licence,
or mining lease, after consultation with the State
Government in the interests of:
(i) the regulation of mines and mineral
development;
(ii) preservation of the natural environment;
(iii) control of floods;
(iv) prevention of pollution;
(v) avoiding danger to public health or
communications;
(vi) ensuring the safety of buildings,
monuments or other structures;
(vii) conservation of mineral resources; and
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
(viii) maintaining safety in the mines or for
such other purposes. [ See State of Haryana
v. Ram Kishan, (1988) 3 SCC 416, para 7.
This Court observed that Section 4-A : (SCC
p. 420, para 7)
Moreover, the MMDR Act now mandates grant of
mining leases, [ MMDR Act, Section 10-B]
exploration licences, [ MMDR Act, Section 10-BA]
and composite licences [ MMDR Act, Section 11] in
respect of notified minerals through the process of
auction. The Central Government is empowered to
prescribe the terms and conditions subject to which
the auction shall be conducted.
65. The regulatory regime under the MMDR Act
recognises the important role of the State in
regulating mines and mineral development. This
emerges from the standpoint of the following
perspectives:
(i) the State is a public trustee of natural
resources, including minerals;
(ii) pursuant to its role as a public trustee,
the State has been empowered to regulate
prospecting and mining operations;
(iii) the provisions of the statute reflect the
priority of the State to regulate mining and
related activities to ensure sustainable
mineral development;
(iv) prospecting and mining operations may
be carried out by both the government as
well as private lessees bearing in mind the
public interest; and
(v) the Government has to ensure that
mineral concessions are granted in a fair
and transparent manner."
(emphasis supplied)
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
52. Further the Hon'ble Supreme Court in
Mineral Area Development Authority v. SAIL (supra) had dealt
with the meaning of royalty and distinguished it from 'dead
rent' and explained as under -
"(iv) Meaning of "royalty"
99. At the outset we clarify that in this reference, we are
dealing with "royalty" in the context of the MMDR
Act. Royalty is generally understood as
compensation paid for rights and privileges enjoyed
by the grantee. It has its genesis in the agreement
entered into between the grantor and grantee. In
Inderjeet Singh Sial v. Karam Chand Thapar
[Inderjeet Singh Sial v. Karam Chand Thapar,
(1995) 6 SCC 166] , this Court observed that royalty
is equivalent to the expression "jura regalia" or
"jura regia". Jura regalia is defined as royal
prerogatives or rights. [ Ramanatha
Aiyar, Advanced Law Lexicon, Vol. 3 (2005) 2789.]
For centuries, gold and silver mines (also called as
royal metals) in the United Kingdom were treated as
belonging to the Crown. Royal metals could be
mined only after payments in the form of royalties
were made to the Crown. The use of the word
"royalty" underwent change in the United Kingdom
with the decentralisation of the sovereignty which
was absorbed by the landowners. [ J.U. Nef, The
Rise of the British Coal Industry (Routledge, 1966).]
Land ownership was concentrated in the hands of
landowners, who conceded the right to work mines
to lessees in return for consideration which took the
form of dead rent and royalties. [ Royal Commission
on Mining Royalties, Final Report of the Royal
Commission Appointed to Inquire into the Subject of
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
Mining Royalties (1893) 4.]
100. This Court has had occasion to analyse the meaning
of the expression "royalty" in its decisions. In
H.R.S. Murthy v. Collector [H.R.S. Murthy v.
Collector, 1964 SCC OnLine SC 176 : (1964) 6 SCR
666, para 6], a Constitution Bench observed that
royalty connotes a payment made for materials or
minerals won from land. In D.K. Trivedi & Sons v.
State of Gujarat [D.K. Trivedi & Sons v. State of
Gujarat, 1986 Supp SCC 20] , the distinction
between "royalty" and "dead rent" was explained
thus : (D.K. Trivedi case [D.K. Trivedi & Sons v.
State of Gujarat, 1986 Supp SCC 20, para 45] , SCC
p. 54, para 39)
"39. In a mining lease the consideration
usually moving from the lessee to the lessor
is the rent for the area leased (often called
surface rent), dead rent and royalty. Since
the mining lease confers upon the lessee the
right not merely to enjoy the property as
under an ordinary lease but also to extract
minerals from the land and to appropriate
them for his own use or benefit, in addition
to the usual rent for the area demised, the
lessee is required to pay a certain amount in
respect of the minerals extracted
proportionate to the quantity so extracted.
Such payment is called "royalty". It may,
however, be that the mine is not worked
properly so as not to yield enough return to
the lessor in the shape of royalty. In order to
ensure for the lessor a regular income,
whether the mine is worked or not, a fixed
amount is provided to be paid to him by the
lessee. This is called "dead rent". "Dead
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
rent" is calculated on the basis of the area
leased while royalty is calculated on the
quantity of minerals extracted or removed.
Thus, while dead rent is a fixed return to the
lessor, royalty is a return which varies with
the quantity of minerals extracted or
removed."
(emphasis supplied)
101. Minerals are exhaustible and finite resources. Each
quantity of mineral removed leads to the depletion
of the mineral stock of the mine. [ W.R. Sorley,
"Mining Royalties and their Effect on the Iron and
Coal Trades", (1889) 52(1) Journal of Royal
Statistical Society 60, 66.] Under a mining lease, a
lessee acquires a right or interest in minerals. This
right or interest allows the lessee to extract minerals
and consume them. Royalty is a payment made by
the lessee to the lessor or proprietor of the minerals
for the removal of minerals. Royalty also serves to
compensate the lessor for the degradation of the
value of the mine because of the extraction of
minerals. [ W.R. Sorley, "Mining Royalties and their
Effect on the Iron and Coal Trades", (1889) 52(1)
Journal of Royal Statistical Society 60, 66.]
102. In Bherulal v. State of Rajasthan [Bherulal v. State
of Rajasthan, 1956 SCC OnLine Raj 9, para 8 : AIR
1956 Raj 161] , a Division Bench of the Rajasthan
High Court explained the concept of royalty in the
following terms : (SCC OnLine Raj para 8)
"8 ... In Wharton's Law Lexicon, "royalty"
is defined as 'payment to a patentee by
agreement on every article made according
to his patent; or to an author by a publisher
on every copy of his book sold; or to the
owner of minerals for the right of working
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
the same on every on or other weight
raised.'The present case is of the third kind,
namely, payment to the owner of minerals
for the right of working the same. This
payment is based on the produce, and the
rate is fixed as so much per ton or other
weight. It is clear that royalty has nothing to
do with where the purchaser is taking the
mineral, or to whom he is going to sell it,
whether at the place where the mine is
situated or at some place hundreds of miles
away. ... It is clear, therefore, that royalty is
a charge by the owner of minerals from
those to whom he gives the concession to
remove them, and the charge is on
production, the rate being fixed according to
weight."
(emphasis supplied)
103. The essential characteristics of royalty are that:
(i) it is a consideration or payment made to
the proprietor of minerals, either the
government or a private person;
(ii) it flows from a statutory agreement (a
mining lease) between the lessor and the
lessee;
(iii) it represents a return for the grant of a
privilege (to the lessee) of removing or
consuming the minerals; and
(iv) it is generally determined on the basis of
the quantity of the minerals removed.
104. In comparison, dead rent acts as a deterrent against
a leaseholder cornering a mining lease and keeping
the mineral resources idle. [ Government of India,
Ministry of Mines, "Mineral Royalties" (January
2011) 27.] Similar to royalty, dead rent is also a
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
statutory imposition and an integral part of the
mining lease, but it generally does not serve as a
consideration for the removal or consumption of
minerals. The dead rent is determined on the basis
of the area of land covered by the lease. Imposition
of dead rent ensures that the proprietor obtains a
fixed rent from the lessee even if the mine remains
unworked. Therefore, dead rent is not in addition to
royalty but an alternative."
53. From the afore-quoted decisions, it is
patently clear that a replenishment study must be undertaken by
the State before auctioning the sand ghats since the
replenishment study forms the very basis on which the quantity
of permissible mining is determined and subsequently the
environmental clearance is granted.
54. In the present case, the District Survey
Report was prepared by the Sub Divisional Committee and
approved by SEIAA on 07.04.2022. Pertinently, the notice
inviting tender (NIT) was issued on 13.09.2022. It is an
admitted position that short term permits for mining of sand
were issued for overlapping areas and mining/extraction of sand
took place subsequent thereto.
55. It is therefore, abundantly clear that the
respondents did not consider a fresh replenishment study after
the mining activities by the third parties under the short-term
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
permits were ceased, to ascertain the availability of sand and the
replenishment rate of the aforesaid sand. Moreover admittedly,
there had been a reduction in the availability of sand owing to
continued mining and the purported declining rate of
replenishment.
56. The State ought to have considered a fresh
replenishment study in order to ascertain the availability of sand
and the true prevailing replenishment rates before proceeding
with the auction.
57. In the impugned order dated 07.04.2025, the
respondent authorities have merely averred that there is
sufficient availability of sand in the sand ghats without
adverting to scientific basis for arriving at such a conclusion and
without refuting the recent replenishment study conducted in
January, 2025. A mere bald statement without any scientific
basis to refute the scientific replenishment study as asserted by
the petitioner would not suffice and more importantly would
cause aggressive mining of sand in the sand ghat and hamper
the ecosystem.
58. What is clearly crystallized is that the annual
extractable quantity must be less than the annual replenishment
rate in order to align strictly with sustainable mining practices.
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
There is a huge variance, inasmuch as, a drastic reduction is
noticed in the availability of sand and its replenishment rate
between the year 2022 and 2025. Therefore, in the interest of
justice and in order to prevent aggressive sand mining beyond
the availability and its natural replenishment rate, this Court
deems it appropriate to remit the matter back to the respondent
authorities to conduct fresh replenishment study and thereafter
decide the permissible extractable sand quantity and the royalty
payable by the petitioner in accordance with law.
59. This Court has noted that fresh
replenishment study is warranted and deemed necessary in the
facts of the present case since there is allegedly a significant
reduction in the availability of the sand as noted in two
replenishment studies conducted by the very same institute, i.e.,
CMPDIL for the very same sand ghat and also since admittedly
mining activities were permitted even after the auction of the
aforesaid sand ghat in favour of the petitioner.
60. This Court has also duly noted that tethering
the petitioner to pay much more that what is actually
mined/extracted, would be arbitrary and unjust. The State
cannot enforce covenant in a mining lease that compels the
lessee to pay royalty even when the mineral in question is not
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
available in sufficient quantity for its extraction, since that
would be clearly unjust.
61. For the foregoing reasons, in order to strike a
fair balance and keeping in view the sustainable mining
practice, this Court deems it appropriate in the interest of justice
to pass the following directions:-
i. The respondent nos. 3 to 8 shall get a fresh
replenishment study done for the Bhojpur
Sone 35 sand ghat to ascertain the present
and true quantity of sand available in the
sand ghat and its replenishment rate in the
sand ghat, which has been allotted to the
petitioner.
ii. The question of quantum of royalty shall be
determined by the competent authority after
the submission of fresh replenishment study
report for the subject sand ghat. The
respondents shall take the decision with
regard to the royalty within three weeks from
the date of submission of the aforesaid
replenishment report and inform the
petitioner.
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
iii. Since the environmental clearance granted to
the petitioner vide letter dated 19.12.2023
has failed to consider the actual availability
of sand, the same is rendered otiose. The
matter is remitted to the respondent nos.9
and 10 for reconsidering the case of the
petitioner in light of the fresh replenishment
study for Bhojpur Sone 35 sand ghat.
iv. Since this Court has directed for
reconsidering the case of the petitioner in
light of the fresh replenishment study of the
sand ghat, the respondents are restrained
from taking any coercive steps including
recovery of royalty amount against the
petitioner till the case of the petitioner is
reconsidered by the respondents.
v. The aforesaid exercise must be completed
expeditiously and the mining activities must
commence swiftly thereafter in accordance
with law, in order to prevent any protraction
of financial loss to the State.
vi. In view of the above, the impugned order
Patna High Court CWJC No.17523 of 2023 dt.30-01-2026
dated 07.04.2025 passed by the respondent
no.2 is quashed.
62. With the aforesaid observations and
directions, this writ petition is allowed to the above extent.
(Sandeep Kumar, J)
pawan/-
AFR/NAFR N.A.F.R.
CAV DATE 01.11.2025
Uploading Date 31.01.2026
Transmission Date
