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Patna High Court

Maruti Fuels StationversusThe Union of India

Decided
Disposal
ALLOWED

Holding

A fresh replenishment study is mandatory before any mining can proceed, and the respondents are restrained from taking coercive action against the petitioner until such study is completed.

Summary

The petitioner, Maruti Fuels Station, won the e‑auction for Aurangabad Sone Sand Block No.8 but alleged that extensive sand extraction had already depleted the resource and no replenishment study had been conducted. The petitioner sought a direction to halt any coercive action and to compel the authorities to carry out a fresh replenishment study before mining could proceed. The respondents argued that the environmental clearance was lawfully granted, that the tender terms required the bidder to accept the sand availability, and that any challenge to the clearance should be filed before the National Green Tribunal. The Court examined the statutory framework, the need for a replenishment study under the 2020 Enforcement & Monitoring Guidelines, and recent Supreme Court precedents emphasizing the necessity of such studies for sand mining. Concluding that the authorities had failed to conduct a requisite replenishment assessment, the Court directed a fresh study and restrained the respondents from taking coercive steps against the petitioner pending its completion. The writ petition was therefore allowed.

Issues considered

  • Whether the respondent authorities must conduct a fresh replenishment study before permitting sand mining in the contested block.
  • Whether the petitioner can be restrained from coercive action pending the replenishment study.
  • Whether the environmental clearance issued without a replenishment study is valid.
  • Whether the matter falls within the jurisdiction of the High Court writ jurisdiction or should be approached before the National Green Tribunal.
  • Whether the tender conditions and the petitioner’s acceptance of the bid bind him despite changed mineral potential.

Legislation cited

Subjects

  • sand mining
  • environmental clearance
  • replenishment study
  • mineral lease
  • public hearing
  • sustainable mining
  • writ petition
  • National Green Tribunal
  • tender conditions
  • illegal mining

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5097 of 2024
     ======================================================
     Maruti Fuels Station a Proprietorship Firm (Proprietor Sivaganesh. N, son of
     P. Nasraju, 3-28/4, Main Road, S. Annavaram, Tuni, East Godavari, Andhra
     Pradesh), having its place of business at Mruthi Weigh Bridge Premises,
     Bhimavaram, Bypass Road Tadepalligudem, District-West Godavari, Andhra
     Pradesh-534101, through its Authorized Signatory, Mazharul Hasan, aged
     about 46 years (Male), son of Mojibul Hasan, Khsra-264, Sikrauri, Near
     Unique High School, Lucknow, Uttar Pradesh-226101.
                                                                  ... ... Petitioner
                                          Versus
1.   The Union of India through the Ministry of Environment, Forest and
     Climate Change, Government of India, Indira Paryawaran Bhawan, Jorbagh
     Road, New Delhi-110003.
2.   The State of Bihar through the Additional Chief Secretary, Department of
     Mines and Geology, Government of Bihar, Patna.
3.   The Director, Mines, Bihar, Patna.
4.   The District Magistrate cum Collector, Aurangabad.
5.   The State Level Environment Impact Assessment Authority, through its
     Member Secretary, 2nd Floor, BELTRON, Baldev Bhawan Road, Shastri
     Nagar, Patna-800023.
6.   The Bihar State Pollution Control Board, Parivesh Bhawan, Patlputra
     Industrial Area, P.O. Sadakat Ashram, Patna-800010, through its Member
     Secretary.
7.   The Mining Development Officer, Aurangabad Aurangabad.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner     :      Mr. Suraj Samdarshi, Advocate
                                   Mr. Avinash Shekhar, Advocate
     For the UOI            :      Mr. Mukesh Kumar, Advocate
     For the State          :      Mr. Manoj Kumar Ambastha, S.C.-26
                                   Mr. Santosh Kumar Mishra, A.C. to S.C.-26
     For the Mines Deptt.   :      Mr. Naresh Dikshit, Spl. P.P.
                                   Ms. Kalpana, Advocate
     For the SEIAA          :      Mr. Kumar Ravish, Advocate
                                   Mr. Rohit Kumar, Advocate
     For the BSPCB          :      Mr. Shivendra Kishore, Sr. Advocate
                                   Mr. Prisu Snehil, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
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                                     C.A.V. JUDGMENT
                                       Date : 19-03-2026

                         By way of this writ petition, the petitioner has

         prayed for the following reliefs:-

                              i. For a direction to the respondent
                                 authorities to consider the site survey
                                 report      dated     08.12.2023        before
                                 proceeding further, as mining over the
                                 leased area will be directly in conflict
                                 with the statutory provisions, in absence
                                 of any replenishment.
                              ii. For a direction to the respondent
                                 authorities and in particular MoEFCC
                                 to take up the present case with regard
                                 lenishment.
                            iii. For a direction to the respondent
                                 authorities and in particular Department
                                 of Mines & Geology, not to take any
                                 coercive step against the petitioner for
                                 not      proceeding   further,   till    final
                                 adjudication of the present writ petition.
                              iv. To grant any other relief or reliefs for
                                 which the petitioner may be found
                                 entitled to in the facts and circumstances
                                 of the case.”
                         2.      During the pendency of this case, the

         petitioner has filed Interlocutory Application No.1 of 2024

         bringing on record the letter issued by the Collector-cum-

         District Magistrate, Aurangabad dated 13.03.2024, by which,
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         according to the petitioner, he was threatened for legal

         consequences if CTE (Consent to Establish) and CTO (Consent

         to Operate) is not procured by him in order to operate the sand

         ghat.

                         3.      Thereafter, Interlocutory Application No.02

         of 2025 has been filed for amending the prayer portion of the

         writ petition and prayer has been made for quashing the memo

         dated 08.09.2025 issued by the respondent-Director, Mines,

         whereby the representations dated 14.07.2025 and 26.08.2026

         filed by the petitioner have been rejected. The aforesaid

         interlocutory application has been allowed by this Court vide

         order dated 18.11.2025 and the aforesaid additional prayer has

         been made part of the main writ petition.

                         4.      The State of Bihar floated a tender for

         Aurangabad Son Sand Block No.8 and in the aforesaid tender

         the petitioner participated and became the highest bidder after

         quoting Rs.61,43,55,300/-. Thereafter, vide letter           dated

         24.11.2022, the Mining Development Officer, Aurangabad

         issued in-principle acceptance letter and the petitioner was

         directed to deposit an amount of Rs.8,68,11,075/- to fulfill the

         requirement of security deposit, being 25% of the highest bid

         amount. Thereafter, mining plan was approved and the
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         petitioner deposited draft of Rs.3,00,000/- along with pre-

         feasibility report to the Member Secretary, State Environment

         Impact Assessment Authority (for short “SEIAA”) and

         requested for issuance of the Terms of Reference (ToR).

         Subsequent thereto, the petitioner vide letter dated 12.04.2023

         deposited the requisite fee of Rs.1,50,000/- in favour of the

         Member Secretary, Bihar State Pollution Control Board towards

         the expenses for public hearing to be conducted by the Bihar

         State Pollution Control Board and thereafter the public hearing

         was conducted on 02.06.2023.

                         5.      At the time of public hearing, the petitioner

         visited the local of Aurangabad Son sand block no.8 and

         observed that massive excavation was already made to the

         aforesaid sand ghat and consequently, requested the respondent

         no.7- Mining Development Officer, Aurangabad to provide the

         informant with regard to the excavation, however, a reply was

         issued from the office of the Mining Development Officer

         accepting that from 01.10.2022 to 31.03.2023 about 2,37,490

         Metric Tonnes of sand was dispatched. Therefore, it is the case

         of the petitioner that the aforesaid letter dated 04.07.2023

         clearly shows that even after issuance of tender, mining of sand

         from the sand ghat allotted to the petitioner continued and in the
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         meeting dated 22.09.2023, the State Level Expert Appraisal

         Committee (SEAC), under Agenda Item No.01 had observed as

         under :-

                                         “The Project Proponent along with their
                                 environmental consultant M/s. Rian Enviro Pvt.
                                 Limited. made a presentation on the key
                                 parameters and salient features of the project.
                                 The      Project     Proponent   informed     the
                                 Committee that enough replenishment of sand
                                 has not happened after closure of mining by
                                 the previous lease holder. In such a situation,
                                 the project proponent expressed its disinterest in
                                 obtaining        environmental   clearance    for
                                 operating the sand ghat in the present
                                 condition. Therefore, the committee decided to
                                 recommend to the SEIAA to refer the matter to
                                 the Department of Mines and Geology, Govt.
                                 of Bihar for the comments”.

                         6.      Thereafter, it is the case of the petitioner that

         he had requested the SEAC to grant the environmental

         clearance only after assessment of replenishment of the sand

         ghat is carried out. Further, vide letter dated 23.12.2023 the

         petitioner handed over a soft copy of drone videography

         showing the current status of the sand ghat. Despite not

         conducting the fresh replenishment study, the respondent

         authorities issued the environmental clearance in favour of the

         petitioner on 30.01.2024. After issuance of environmental
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         clearance, the petitioner made a representation dated 03.02.2024

         to the District Mining Officer, bringing to his notice all the

         relevant facts but no action has been taken in this regard and the

         District Magistrate vide letter dated 13.03.2024 threatened the

         petitioner of legal consequences if he fails to obtain CTE/CTO

         and commence the mining work, which is brought on record by

         way of interlocutory application.

                         7.      According to the petitioner, pursuant to the

         direction of this Court vide order dated 18.03.2025, he had filed

         a representation before the respondent no.3, who vide his order

         dated 08.09.2025 rejected the same.

                         8.      Learned counsel for the petitioner submits

         that the petitioner while participating in the tender process

         floated for sand block No.8 on 01.11.2022 had merely accepted

         the existing position as on the date of the tender, however, the

         respondent authorities between October, 2022 and March, 2023

         had admittedly excavated 2,37,490 M.T. of sand equivalent to

         Rs.23.24 crores from the same sand ghat for which the tender

         was floated. Therefore, it is submitted that there is no dispute

         with regard to the fact that mineral potential, as existing on the

         date of tender, as also on the date of issuance of in-principle

         sanction order, was substantially reduced for which the
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         petitioner cannot be prejudiced and no estoppel can operate

         against him behind his back.

                         9.      Learned counsel for the petitioner further

         submits that after issuance of in-principle sanction order, when

         mining was carried out by the contractors employed by the

         Bihar State Mining Corporation, the respondent authorities were

         duty bound to carry out fresh replenishment study in terms of

         the Enforcement & Monitoring Guidelines for Sand Mining,

         2020 issued by the Ministry of Environment, Forest & Climate

         Change. Adverting to Clause-5 of the aforesaid Guidelines, it

         has been submitted that replenishment study and mineral

         potential is ascertained only after a detailed replenishment study

         is conducted, as excavation has to be limited to estimated

         replenishment,        with     consideration   of   other   regulatory

         provisions.

                         10.     It is the submission of learned counsel for

         the petitioner that in Clause 5.2.4 titled ‘Replenishment study

         shall have the details of’ of the aforesaid Guidelines, it has

         specifically been mentioned that replenishment study having

         detailed comparison of both pre-Monsoon and post-Monsoon

         elevation data should mandatory be attached.

                         11.     The next submission of learned counsel for
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         the petitioner is that since the Department of Mines had

         accepted that that mining was carried out till March, 2023,

         although illegal mining continued even thereafter, it was

         imperative on the part of the respondent authorities to get the

         replenishment study carried out pre-Monsoon, 2023 and post-

         Monsoon, 2023 and only then mineral potential could have been

         assessed, however, the said exercise has not been carried out in

         the present case and therefore, the petitioner cannot be forced to

         accept the terms and operate Sand Block-08 Aurangabad only

         on assumption that sand must have been replenished.

                         12.     It has been submitted by learned counsel for

         the petitioner that the Hon'ble Supreme Court recently in the

         case of Union Territory of J&K & Anr. vs. Raja Muzzaffar

         Bhat & Ors. reported as 2025 SCC OnLine SC 1789, has held

         that replenishment report is mandatory and even DSR without

         such report is void.

                         13.     Adverting to Annexure-13 and 13/A of the

         writ petition, which is the letter dated 03.02.2024 written by the

         petitioner to the District Mining Officer, Aurangabad annexing

         the Site Survey report dated 08.12.2023, it has been argued by

         learned counsel for the petitioner that the Site Survey conducted

         by the petitioner and its report dated 08.12.2023 clearly reveal
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         that there was no replenishment and there were 59 pits already

         mined out having depth of about 3 to 5 meters and the sand was

         available only in approximately 25% of the total mining lease

         area. It is the submission of the petitioner that the aforesaid

         report has not been controverted by the respondent authorities

         and now they are taking shelter of the clauses of the tender,

         which are not relevant for the present purpose. It has also been

         argued that the clauses of the tender only refer to verification of

         the mining lease area prior to participation in the bid, the

         Department having accepted the royalty from third parties

         against mining from the said area cannot be permitted to take

         advantage of its own wrong. It is the further submission of

         learned counsel for the petitioner that most of the area allotted

         to the petitioner is devoid of sand and having a thick cover of

         vegetative soil and agriculture is being practiced. The mining

         area has been stabilized and no sign of sand replenishment is

         envisaged.

                         14.     It has further been argued that there is no

         replenishment study carried out by the respondent authorities

         for pre & post - Monsoon, 2023, whereas E.C. has been issued

         on 30.01.2024 (Annexure-P/12) and even the specific

         conditions of the environmental clearance stipulates that
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         excavation of mineral must be commensurate to the

         replenishment.

                         15.     He has drawn the attention of this Court to

         Clause 21 of the Specific Condition of E.C. which reads as

         under:-

                                 "Project     proponent   shall   submit   annual
                                 replenishment report certified by an authorized
                                 agency. In case the replenishment is lower than
                                 the approved rate of production, then the
                                 mining activity / production levels shall be
                                 decreased / stopped accordingly till the
                                 replenishment is completed."

                         16.     It is the submission of learned counsel for

         the petitioner that the Hon’ble Supreme Court in the case of

         State of Bihar & Ors. vs. Pawan Kumar & Ors. (Civil Appeal

         Nos. 3661-3662 of 2020) reported as (2022) 2 SCC 348, had

         permitted for the time being, the State Government to carry out

         mining activities through Bihar State Mining Corporation, for

         which, it may employ the services of the contractors and

         therefore, in view of the aforesaid, it is the respondent

         authorities who are the project proponent and therefore, they

         ought to have submitted the replenishment report, but the same

         was not submitted since there was no replenishment of sand in

         Block No.08, Aurangabad. As such, it is argued that it would be
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         unfair on the part of the respondents to withhold the money of

         the petitioner and coerce him to conduct mining, knowing fully

         well the reduced mineral potential.

                         17.     It is submitted by the petitioner that earlier

         in this proceeding, the respondents have accepted the factum of

         changed scenario and a coordinate Bench of this Court vide

         order dated 18.03.2025 directed the petitioner to represent its

         case before the Director, Mines and make an application under

         Rule 29-A(1)(d) of Rules, 2019, i.e. meant for submission of

         mining plan and the said representation was rejected on the

         ground that no revised mining plan was submitted by the

         petitioner ignoring Rule 17(4), which mandates that mining

         plan has to be submitted within a period of three months from

         the date on which communication regarding grant of mineral

         concession is received, or such other period as may be

         decided/allowed by the Department for submission of approved

         mining plan. As such, without permission being granted by the

         Department, the petitioner could not have submitted a revised

         mining plan. However, recently a drone survey was carried out

         in May, 2025 (Annexure- P/15), which clearly suggests that

         there has been no replenishment of sand.

                         18.     It is the next submission of learned counsel
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         for the petitioner that even there is clear embargo on mining

         sand beyond a depth of 03 meters as per Rule 30 of the Rules,

         2019, however, adverting to both the drone survey reports of

         2023 and 2025, which has already been brought to the notice of

         the respondents, in which it has clearly been indicated that there

         are more than 35 mined out pits with depth of more than 3

         meters, already existing and the same is not being

         acknowledged by the respondents. The petitioner is also

         apprehensive of the fact that once agreement is executed and the

         petitioner commences mining operation, allegation can be

         leveled and agreement can be terminated under Rule 30. As

         such, until and unless existing situation of mining lease area is

         specifically admitted by the respondent authorities, the

         petitioner cannot be forced to operate the sand ghat on two

         grounds, firstly the reduced mineral potential and secondly

         already mined out pits by illegal miners which are more than 3

         meters in depth. The Department having altered the position and

         received royalty from third party for the lease area, should

         either carry out the entire exercise afresh or should refund the

         security deposit of the petitioner and reconsider the geo

         coordinates of the mining lease area itself.

                         19.     In this case, a counter affidavit has been
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         filed by the respondent no.5- SEIAA wherein it has been stated

         that the role of the SEIAA is to consider and grant

         environmental clearance as per the scheduled mentioned in the

         EIA notification as amended from time to time. In present case,

         the environmental clearance has been granted to the petitioner

         upon due assessment as per the EIA notification.

                         20.     In the counter affidavit filed by the

         respondent nos. 1 to 4 and 7, it has been stated that though it has

         been admitted by them that they have given temporary lease to

         some private persons for carrying out mining into the said area

         for which the tender notice was published but the said

         temporary lease were granted in terms of the orders passed by

         the Hon’ble Supreme Court in the case of Pawan Kumar

         (supra). It has also been stated that after conducing the fresh

         DSRs in terms of the directions of the Hon’ble Supreme Court,

         fresh e-auction was conducted for the sand ghat, in which the

         petitioner participated in the tender and became the highest

         bidder for Aurangabad Sone Sand Block No.8. The respondents

         have emphasized Clause-42(xix) of the Tender Document,

         wherein it it has been provided that before participating in the

         tender, the bidders should, at their own level, consider among

         other things, the availability of sand in the Balughat area but, no
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         objection or claim of any kind shall be entertained after the

         auction process. In view of the aforesaid clause of the Tender

         Document, the petitioner being fully satisfied about the

         availability of sand and other factors made the bid in the e-

         auction to the tune of Rs. 61,43,55,300/- against the minimum

         reserve amount of Rs. 26,71,11,000/- and now the claim of the

         petitioner cannot be entertained.

                         21.     Further, it has been stated that the estimated

         mineral quantity for the purpose of grant of lease is provided in

         the notice inviting tender, which is based on a scientific

         estimate i.e. the DSR prepared in terms of the SSMG 2016 and

         EMGSM 2020. Therefore, there is no issue in the quantity and

         availability of mineable sand in the instant sand ghat and the

         entire issue is being created with the sole motive to reduce the

         royalty amount to be paid by the petitioner.

                         22.     It is further submitted that even if some

         amount of sand excavated by the contractor appointed by the

         BSMCL, under the directions of the Hon'ble Supreme Court, is

         deducted from the total sand reserve of the Aurangabad Sone-08

         sand ghat, even then more than 60% of reserve is still available

         in the said sand ghat and petitioner is only allowed to mine 60%

         of the total sand reserve as per the EMGSM 2020.
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                         23.     It has also been stated in the counter

         affidavit that the Department of Mines and Geology, Bihar has

         conducted the survey through the Central Mine Planning and

         Design Institute Ltd. (CMPDIL), Ranchi regarding the

         replenishment study of the Sone river within the Aurangabad

         District, which shows that the total availability of sand in the

         Sone River of Aurangabad is 97%. The said replenishment

         study of Sone river reveals that there is sufficient sand available

         after every monsoon. Further, the e-auction for settlement of

         sand ghat in question was for the 5 years from date execution of

         lease deed and the petitioner is well aware of the fact that

         mineable reserve shown in tender document is only for the first

         year of settlement and the sand is regularly replenished after

         monsoon and therefore, there will be sufficient quantity of sand

         in the subsequent years.

                         24.     Lastly, it has been stated in the counter

         affidavit that there is no provision in the Bihar Minerals

         (Concession, Prevention of Illegal Mining, Transportation and

         Storage) Rules, 2019 for compensation or refund or for

         reducing the royalty amount on any of the grounds mentioned

         by the petitioner. Further, the petitioner after accepting the

         terms of the tenders had submitted his bid and in terms of
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         Clause 22(v) of the tender document, if the successful bidder

         fails to obtain the statutory clearance, the Collector shall forfeit

         the security deposit.

                         25.     Learned        counsel   for   the   answering

         respondents submits that in the present writ petition the

         petitioner has made allegation that there is no replenishment in

         Aurangabad Sone Sand Block No.08 based on a private drone

         survey report dated 06.12.2023, which has no statutory

         recognition and was never accepted by any authority. He further

         submits that despite the specific direction of this Court vide

         order dated 17.06.2025 to the petitioner to file an application,

         the petitioner has not filed any such application and a

         completely false and frivolous statement has been made by him

         before this Court that it has already filed a representation before

         the answering respondent and as soon as the said order of this

         Court came to the notice of the respondent authorities, the

         Assistant Director made a communication to the petitioner vide

         memo no.4080 dated 25.03.2025 informing that the petitioner

         has not filed any application/representation before the

         respondent authority and further directed that if such application

         has been filed then proof of such filing may be provided or else

         such representation may be filed at the earliest so that the matter
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         may be disposed of in light of the order of this Court. Therefore,

         it is the submission of learned counsel for the respondents that

         the petitioner has not filed any representation pursuant to the

         direction of this Court and it has made statement of filing of

         representation only with a view to harass and humiliate to the

         respondent authorities.

                         26.     It has also been submitted that the petitioner

         has already undergone the entire statutory processes i.e. DSR,

         Mining Plan approval, ToR, Public hearing and thereafter, it has

         been granted environmental clearance on 30.01.2024 and now it

         is not open to the petitioner to claim that no replenishment

         study was done over the sand ghat.

                         27.     The      respondents,     in    reply     to    the

         interlocutory application no.02 of 2025 filed by the petitioner

         challenging the order dated 08.09.2025, has made the following

         statements:-

                            “7. That at the outset, it is pertinent to state that the
                                 order contained in Memo No.4994A dated
                                 08.09.2025 issued by the Respondent Director,
                                 Mines is a speaking and reasoned order which
                                 has been passed in compliance of Principles of
                                 Natural Justice, taking into consideration all
                                 the submissions made by the Petitioner in his
                                 representations      dated     14.07.2025       and
                                 26.08.2025 as well as the submissions made by
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                                 the Learned Counsel of Petitioner before the
                                 Respondent authority.
                            8. That it is humbly stated that the Petitioner in his
                                 representations         dated     14.07.2025     and
                                 26.08.2025 had asserted the following points
                                 for consideration:-
                                     I. The mine lease area, spanning 98.93
                                           hectares, has limited sand availability
                                           with only 25% of the area containing
                                           sand as of December 2023 and no
                                           significant replenishment observed by
                                           May 2025.
                                     II. Approximately 42.5 hectares of the lease
                                           area is currently utilized for agricultural
                                           purposes, supporting the livelihood of
                                           the local community.
                                     III. A total of 19.1 hectares has already been
                                           mined out, indicating substantial prior
                                           extraction.
                                     iv.    The       surveys    confirm    no   sand
                                           replenishment has occurred over the past
                                           two years, rendering further mining
                                           activities       unsustainable        both
                                           environmentally and financially.
                             9. That it is humbly stated that the impugned order
                                 has been passed by the Respondent Director,
                                 Mines on the following grounds:-
                                     i.    The representations dated 14.07.2025
                                           and 26.08.2025 was filed in the light of
                                           the order dated 18.03.2025 wherein the
                                           Hon'ble Court directed to file an
                                           application/representation under Rule
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                                         29A(1) (d), however, the representations
                                         do not contain any reference to Rule
                                         29A(1)(d) nor any request has been
                                         made for approval of revised Mining
                                         plan.
                                      ii. During the course of hearing on
                                          02.09.2025, when the Respondent asked
                                          the Petitioner to submit revised mining
                                          plan in the light of the Hon'ble Court's
                                          order, the Petitioner refused to submit
                                          the said revised mining plan.
                                      iii. The total mineable quantity of sand has
                                         been fixed as 17,80,740 cubic meter
                                         which is evident by District Survey
                                         Report, EC issued by SEIAA, Bihar, LOI
                                         issued by Mineral Development Officer,
                                         Aurangabad vide letter no.- 2072, dated-
                                         24.11.2022 as well as the tender
                                         document.
                                      iv. Clause 42(xii) of the Tender document
                                         provides that the State shall not be liable
                                         to compensate in case of hindrance
                                         arising      in   excavation      due     to
                                         unavailability    of   sand,   disputes   of
                                         boundary etc.
                                      V. Clause 42(xii) of the Tender document
                                         provides that the settlee shall not be
                                         entitled to any claim in case problem
                                         arises in production/transportation of
                                         sand due to unavailability of mineral
                                         resources, obstacle in approach path,
                                         boundary dispute etc.
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                                      vi. Clause 42(xix) of the Tender document
                                         provides that the bidder before entering
                                         into the bidding process shall inspect
                                         and satisfy himself with regard to
                                         availability of sand, transportation path
                                         etc.
                                      vii. The Clause 5(iv) of Lol given by the
                                         MDO, Aurangabad as contained in letter
                                         no.2072 dated 24.11.2022 provides a
                                         condition for permissible quantity for
                                         mining which has also been accepted by
                                         the Petitioner. The said clause provides
                                         that the quantity of sand as permitted
                                         under        Mining    Plan,    Environmental
                                         Clearance,       Water     (Prevention       and
                                         Control of Pollution) Act, 1974 and Air
                                         (Prevention and Control of Pollution)
                                         Act, 1981 (whichever is lesser) shall be
                                         permitted to be excavated. In case of
                                         decrease in permitted mining quantity,
                                         the settlement amount shall not be
                                         decreased.
                                      viii. As the Petitioner did not submit any
                                         proposal       for    revised   mining      plan,
                                         therefore,      the    mining    quantity     as
                                         provided under Clause 5(iv) of Lol shall
                                         not be considered.
                          10.    That it is submitted that based on the grounds
                                 as stated herein above, the representations
                                 submitted by the Petitioner has been rejected by
                                 the Respondent Director, Mines by virtue of the
                                 impugned order.”
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                         28.     It has been submitted by the respondents that

         in the present case the core issue regarding conducting of

         replenishment study or not is a highly technical and factual

         matter requiring an expert assessment, which cannot come

         under writ jurisdiction. In support of this submission, he has

         relied upon the decision of the Hon’ble Supreme Court in the

         case of ABL International vs. ECGC reported as (2004) 3 SCC

         553 wherein it has been held that where determination of

         disputed questions of fact is necessary, particularly involving

         technical evaluation, writ jurisdiction is not the remedy.

                         29.     It is the next submission of learned counsel

         for the respondents that the petitioner has already been granted

         an environmental clearance on 30.01.2024 and under section 16

         of the National Green Tribunal Act, 2010, any challenge to

         environmental clearance must be filed before the National

         Green Tribunal. In support of this submission, he has relied

         upon a decision of the Hon’ble Supreme Court in the case of

         State of Bihar vs. Jain Plastics reported as AIR 2002 SC 206.

                         30.     It is submitted that the petitioner has

         voluntarily participated in the tender process accepting the

         tender conditions and thereafter obtained mining plan and terms

         of references and whereafter public hearing was done and
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         ultimately the environmental clearance was issued, now he

         cannot take the ground that no replenishment study was done

         for the sand ghat. In support of this submission, he has relied

         upon the decision of the Hon’ble Supreme Court in the case of

         Rajasthan SIDS vs. Diamond &Gem reported as (2013) 5 SCC

         470, wherein it has been held that a party who has voluntarily

         accepted the contractual terms cannot approbate and reprobate.

                         31.     The next submission of learned counsel for

         the petitioner is that the respondents have followed all the

         statutory steps for verifying the sand availability on the sand

         ghat and no authority has ever accepted the petitioner’s private

         survey report, inasmuch as, the pits existed due to illegal mining

         and not due to lack of replenishment and moreover, the

         petitioner has not produced any scientific or statutory material

         to substantiate its clam.

                         32.     So far as the submission of learned counsel

         for the petitioner that the SEAC has accepted the petitioners

         plea in the meeting, it has categorically been submitted that the

         observations of the SEAC did not accept the contention of the

         petitioner as it merely sought comments from the Mining

         Department. Since EC was granted by the competent authority,

         the issue become conclusively decided and cannot be reopened
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         at this stage.

                          33.    I have considered the submissions of the

         parties and perused the materials available on record.

                          34.    In the present case, the availability of sand

         in the Aurangabad Block No.8 sand ghat, settled in favour of

         the highest bidder i.e. petitioner, by way of e-auction, was put to

         question on the ground that short term mining permits were

         issued to third parties, 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 state of depletion of sand in the aforesaid

         sand ghat. The petitioner brought the fact that enough

         replenishment of sand has not happened after closure of mining

         by the previous lease holder, to the SEAC, which decided to

         recommend to the SEIAA to refer the matter to the Department

         of Mines and Geology, Government of Bihar for the comments.

         Thereafter, it appears that the petitioner took upon himself and

         conducted a drone survey to further ascertain the extent of

         depletion and availability of sand in the aforesaid sand ghat.

                          35.    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 and sufficient
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         annual replenishment and therefore, a post bid reassessment is

         impressible.

                         36.     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.

                         37.     Recently, this Court in the case of Manjeet

         Chawla vs. State of Bihar & Ors. reported as 2026 SCC

         OnLine Pat 535 has already held that replenishment study is

         sine qua non for sand mining projects.

                         38.     It is settled law that mining over river beds

         cannot be permitted contrary to the replenishment rate of sand

         and 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. This Court has noted that under Clause-5
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         of the Enforcement & Monitoring Guidelines for Sand Mining,

         2020 issued by the Ministry of Environment, Forest & Climate

         Change, the need for replenishment study is paramount in order

         to nullify the adverse impact arising due to excessive and

         aggressive sand extraction. Thus, the replenishment study is not

         merely to ascertain the permissible quantity of sand for

         extraction but also is necessary to minimize the adverse impact

         therefrom and strike a balance between sand extraction / mining

         and preservation of riparian habitat.

                         39.     It is equally settled that the State holds all

         natural resources including the minerals as a trustee of the

         public and must deal with them in a manner consistent with the

         nature of such a trust.

                         40.     In the present case, the State ought to have

         considered a fresh replenishment study in order to ascertain the

         availability of sand in the Aurangabad Sone Sand Block No.8

         and the true prevailing replenishment rates before proceeding

         with the auction. The mere averment by the respondent

         authorities that river Sone being a living river and

         replenishment being a natural course without substantiating

         scientific basis for arriving at such a conclusion is insufficient.

         It is true that the respondents cannot rely upon the drone survey
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         conducted by the petitioner but they cannot escape from the

         duty cast upon them to act in the best interest of the natural

         resources and to prevent aggressive mining of sand in the sand

         ghat and hamper the ecosystem.

                         41.     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.

                         42.     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 direct for concerned respondent authorities to conduct a fresh

         replenishment study for the Aurangabad Sone Sand Block No.8

         by a competent authority / institution 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. Till such replenishment report is submitted, the

         respondents are restrained from taking any coercive action

         against the petitioner.

                         43.     After the replenishment study is conducted,

         the parties shall take all necessary steps expeditiously to

         commence the process of mining in order to prevent any further

         loss to the State.
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                                      44.     With      the        aforesaid   observations   and

                      directions, this writ petition is allowed and disposed of to the

                      above extent.


                                                                       (Sandeep Kumar, J)


pawan/-
AFR/NAFR                N.A.F.R.
CAV DATE                22.12.2025
Uploading Date          24.03.2026
Transmission Date


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