Patna High Court
Sujeet Kumar AkelaversusThe Principal Secretary, Environment, Forest and Climate Change Department
- Decided
- Disposal
- DISPOSED
Holding
The petition is dismissed because the petitioners have an alternative remedy under Section 16(h) of the National Green Tribunal Act, 2010.
Summary
The petitioners, two residents of Gaya district, filed a public‑interest writ petition seeking the cancellation of an environmental clearance granted to a sand‑mining project on the Morhar River and various directions for independent impact assessment and site restoration. They approached the Patna High Court alleging that the clearance was unlawful and that mining activities should be restrained. The respondents, including the Principal Secretary (Environment) and the State Environment Impact Assessment Authority, contended that the petitioners have a statutory alternative remedy under Section 16(h) of the National Green Tribunal Act, 2010. The Court examined whether a writ petition is maintainable when a specific statutory remedy is available. Finding merit in the respondents' submission, the Court held that the petition is misconceived as the petitioners can approach the NGT. Consequently, the writ petition was disposed of, with liberty granted to the petitioners to seek relief under the NGT Act.
Issues considered
- Whether the writ petition is maintainable in view of the alternative statutory remedy under Section 16(h) of the National Green Tribunal Act, 2010.
- Whether the High Court can issue a mandamus directing cancellation of the environmental clearance for the sand‑mining project.
Legislation cited
- National Green Tribunal Act, 2010 — s. 16(h)
Subjects
- environmental clearance
- sand mining
- public interest litigation
- mandamus
- National Green Tribunal
- alternative statutory remedy
- environmental impact assessment
- river pollution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5168 of 2026
======================================================
1. Sujeet Kumar Akela Son of Bharat Prajapati, Resident of Village- Baralia
Lachhuman Bigha, P.S.- Paraiya, District- Gaya.
2. Dhanjeet Kumar, Son of Rajkishor Prasad, Resident of Village-
Mobarakapur, P.O.-Phurhuriya, District- Gaya.
... ... Petitioner/s
Versus
1. The Principal Secretary, Environment, Forest and Climate Change
Department Government of Bihar, Patna.
2. The Secretary -cum- Mining Commissioner, Mines and Geology
Department, Government of Bihar, Patna.
3. The Chairman, State Environment Impact Assessment Authority (SEIAA)
Bihar, Patna.
4. The Chairman, Bihar State Pollution Control Board, Bihar, Patna.
5. The Director, Mines and Geology Department, Government of Bihar, Patna.
6. Mahendra Prasad, S/o Uday Narayan Prasad, Resident of village-
Jagarnathpur, P.O.- Dharmshala, P.S.- Chandauti, District Gaya, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar, Adv.
Mr. Himanshu Ranjan, Adv.
Mr. Rajesh Ranjan, Adv.
Mr. Shubham Kumar, Adv.
For the State : Mr. P. K. Shahi, Advocate General
For the Mines : Mr. Naresh Dixit, Spl. P.P. Mines
Ms. Kalpana, Adv.
For the S.E.I.A.A. : Mr. Kumar Ravish, Adv.
Mr. Rohit Kumar, Adv.
Mr. Ayush Kumar, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 01-05-2026 The petitioners have approached this Court by filing a
writ petition in the nature of public interest seeking following
reliefs:-
Patna High Court CWJC No.5168 of 2026(2) dt.01-05-2026
2/3
“i. For issuance of an
appropriate writ, order or direction in
the nature of Mandamus commanding
the Respondents to forthwith cancel
and/or revoke the Environmental
Clearance dated 09.12.2025 bearing
File No. SIA/1(a)/2580/2024 and EC
Identification No.
EC25B0107BR5165187N, granted by
the State Environment Impact
Assessment Authority (SEIAA), Bihar,
in respect of Sand Mining Project -
Block No. 21 (Gaya Morhar-08),
admeasuring approximately 14
hectares, situated on the Morhar River
in District Gaya, Bihar;
ii. For issuance of an
appropriate writ, order or direction
restraining the Respondents and the
Project Proponent from carrying out
any sand mining or allied extraction
activities in Block No. 21 of the
Morhar River pursuant to the
impugned Environmental Clearance;
iii. For issuance of a
direction to the Respondents to
conduct an independent, scientific and
cumulative environmental impact
assessment of all sand mining blocks
situated on the Morhar River in
District Gaya, including assessment of
riverbed stability, replenishment rate,
groundwater impact, bank erosion,
and public safety hazards;
iv. For issuance of a
direction to the Respondents to
conduct a site inspection and
restoration exercise to identify and fill
hazardous mining pits and implement
Patna High Court CWJC No.5168 of 2026(2) dt.01-05-2026
3/3
safety measures to prevent further
drowning incidents.”
2. Mr. Kumar Ravish, learned Counsel for the
respondent no. 3 (State Environment Impact Assessment
Authority) submits that since the petitioners have statutory
alternative remedy against the order granting environmental
clearance under Section 16(h) of the National Green Tribunal
(NGT) Act, 2010, the present writ petition is wholly
misconceived.
3. Considering the submissions advanced, this Court
finds substance in the submission of learned Counsel for the
respondent no. 3. Accordingly, the present writ petition stands
disposed off with a liberty to the petitioners to avail the remedy,
as provided under the National Green Tribunal (NGT) Act,
2010.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shivank/-
U
Checking your session…