Dismissed

Samir Bapodra (Partner of Tapi Stone Quarry) v. State Environment Impact Assessment Authority Gujarat

NGT18 Nov 2025Appeal No. 609/2025

Case brief

AI extract

What is this about?

The appeal was dismissed as highly time-barred under Section 16 of the NGT Act, 2010, as it was filed after the limitation period lapsed. Consequently, the associated application for condonation of delay was also dismissed.

What did the court decide?

The application for condonation of delay and the present appeal were dismissed.

Samir Bapodra (Partner of Tapi Stone Quarry) vs State… — Writ and Judicial Review | NGT (2025)

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(Pune Bench)

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Item No.2

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BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

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[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]

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I.A. NO.818 OF 2025 (WZ) IN

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APPEAL NO.609 OF 2025 (WZ)

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Samir Bapodra (Partner of Tapi Stone Quarry)

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…..Applicant/Appellant

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Versus

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State Environment Impact Assessment Authority (SEIAA), Gujarat & 2 Ors.

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….Respondents

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Date of hearing: 18.11.2025

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CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. SUJIT KUMAR BAJPAYEE, EXPERT MEMBER

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Appellant : Mr. Saurabh Kulkarni, Advocate

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ORDER

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This appeal has been filed, against the order dated 02.01.2025 passed by Respondent No.1- SEIAA, Gujarat, rejecting the EC of the appellant to the proposed project under EIA Notification 2006 as amended from time to time, with delay, for condonation of which I.A. No.818 of 2025 (WZ) has been moved.

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It is mentioned in the impugned order that this Tribunal, vide Judgment dated 08.08.2024, had directed that the ECs, which were granted by the District Level Environment Impact Assessment Authority (DEIAA) upto 12.12.2018, must be appraised/re-appraised within three months from the date of the said Judgment. Pursuant to that, as per the SEAC Minutes of Meeting, while deliberation on the satellite images, committee noted that, the lease granted to the appellant falls within Tapi

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Page 1 of 3

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River bed which is not in compliance with the distance criteria prescribed by the NGT, Principal Bench in the order dated 30.09.2020 in Original Application No.85 of 2019; Sustainable Sand Mine Guideline of MoEF&CC, 2016; Enforcement & Monitoring Guidelines for Sand Mining issued by the MoEF&CC in January, 2020; MoEF&CC letter dated 16.07.2020; MoEF&CC OM dated 08.08.2019 in accordance with the order dated 04.08.2006 of the Hon’ble Supreme Court in the matter of T.N. Godavarman Thiruniulpad Vs. UOI in W.P.(C) No. 202 of 199 5 ;

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Amended CRZ Notification 2011; MoEFCC Notification dated 25.06.2014 etc. Accordingly, after detailed discussion & deliberation and accepting the SEAC’s recommendation, SEIAA has unanimously decided to reject the proposal, as the lease is not complying with the distance criteria, as the same falls within Tapi River bed which is not in compliance with the distance criteria which is violation of the NGT guidelines.

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Learned counsel for the appellant has submitted that in Appeal No.35 of 2025 (WZ) read-with I.A. No.230 of 2025 (WZ) along-with the other connected Appeals, this Tribunal had passed order dated 28.07.2025 with respect to the prayer made by the Gujarat Blackstone Quarry Industries Association for its impleadment as one of the party Respondents in said appeal, which was rejected by this Tribunal by the said order, with liberty to the Association to move independent and appropriate proceeding before the appropriate forum.

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Learned counsel for the appellant has further submitted that above order was appealed against before the Hon’ble Supreme Court, which was taken up for consideration vide Diary No.45000 of 2025 (M/s. Gujarat

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Blackstone Quarry Industries Association vs. State Environment

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Impact Assessment Authority & Anr.) and vide order dated 02.09.2025, the Hon’ble Supreme Court upheld the order dated 28.07.2025 of this

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Page 2 of 3

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Tribunal and dismissed the said appeal granting liberty to the individual members to pursue their remedies in accordance with law. He further submits that it is in compliance with this direction of Hon’ble Supreme Court, the appellant has moved the present appeal.

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In regard to the above, we are of the view that the order, which has been assailed in the present appeal, is dated 30.12.2024 (signed on 02.01.2025), while the present appeal has been filed on 04.10.2025. Therefore, it is found to be highly time barred, in terms of the provision under Section 16 of the National Green Tribunal Act, 2010. Hence, we do not find the same to be maintainable, on account of the same being time barred. Therefore, delay condonation application i.e. I.A. No.818 of 2025 (WZ) as well as the present appeal deserve to be dismissed and are accordingly dismissed.

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Dinesh Kumar Singh, JM

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Dr. Sujit Kumar Bajpayee, EM

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November 18, 2025 I.A. NO.818 OF 2025 (WZ) IN APPEAL NO.609 OF 2025 (WZ) P.Kr

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Page 3 of 3

Samir Bapodra (Partner of Tapi Stone Quarry) v. State Environment Impact Assessment Authority Gujarat

Case brief

What is this about?

What did the court decide?

Samir Bapodra (Partner of Tapi Stone Quarry) v. State Environment Impact Assessment Authority Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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Samir Bapodra (Partner of Tapi Stone Quarry) vs State Environment Impact Assessment Authority Gujarat