Allowed

Prakash Vagadiya v. State Environment Impact Assessment Authority Gujarat

NGT13 Feb 2026Appeal No. 150/2025

Case brief

AI extract

What is this about?

The National Green Tribunal allowed the appeal as the Range Forest Officer certified the quarry lies 1.2 kms from the forest. The Tribunal set aside the SEIAA order rejecting the EIA re-appraisal and directed a re-evaluation within one month.

What did the court decide?

Appeal allowed. Impugned order set aside. SEIAA Gujarat directed to re-appraise EC within one month.

Prakash Vagadiya vs State Environment Impact Assessment Authority… — Land Acquisition | NGT (2026)

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Item No.8

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(Pune Bench)

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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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APPEAL NO.150 OF 2025 (WZ)

Prakash H. Vagadiya

…..Appellant

Versus

SEIAA, Gujarat & Anr.

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….Respondents

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Date of hearing: 13.02.2026

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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 along-with Dr. Prashant Bhat and Mr. Adwait Gokhale, Advocates Respondents : Mr. Maulik Nanavati, Advocate along-with Ms. Manvi Damle, Advocate for R-1/SEIAA, Gujarat Mr. Pushkal Mishra, Advocate for R-2/MoEF&CC.

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ORDER

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We are passing this order in continuation to the earlier order dated 12.01.2026, whereby we had directed Respondent No.1- SEIAA, Gujarat to obtain the response from the Range Forest Officer, Kutch District.

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Learned counsel for the appellant has sent us an e-mail dated 12.02.2026, with which he has sent an additional affidavit dated 12.02.2026 of the appellant, wherein it is mentioned that during the course of hearing on 12^th January, 2026, Respondent No.1- SEIAA, Gujarat had stated that they have sought details from the Forest Department regarding the communication submitted by the Appellant regarding the distance of the quarry of the Appellant. Thereafter, the Forest Department vide its letter dated 12^th February, 2026 has certified that the quarry of the Appellant lies at a distance of 1.2 kms.

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Page 1 of 2

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With the above additional affidavit of the appellant, a letter dated 12.02.2026 written by the Range Forest Officer, Bhuj South Range, Ghanswandi Forest Colony, Bhuj Kachchh addressed to the Member Secretary, SEIAA, Gujarat has also been annexed, in which it is clearly mentioned that the proofs along-with certified maps show that the Forest area is 1.2 kms. away from the demanded area at Moje: Chakar, TalukaBhuj, Survey No.8, Area Hec. 03-00-00 acre.

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A perusal of the impugned order dated 27.03.2025 would indicate that the District Geologist has confirmed that lease falls in Go-Zone. However, SEAC has noted that NOC of Forest Department states that lease area does not fall in forest area but does not state whether it is outside 50 mtrs. limit of the forest area.

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Now, by the above-mentioned letter dated 12.02.2026 written by the Range Forest Officer addressed to the address to the Member Secretary, SEIAA, Gujarat, it is established that distance of the lease area is 1.2 kms. away from the forest. In view of this, we are of the view that the ground, on which the re-appraisal of the EC of the appellant was rejected by the SEIAA, Gujarat, was passed on wrong basis.

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In view of above observations, we allow this appeal and set aside the impugned order with a direction to the SEIAA, Gujarat to make re-appraisal of the EC in light of the above-mentioned letter of the Range Forest Officer within a period of one month.

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Dinesh Kumar Singh, JM

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Dr. Sujit Kumar Bajpayee, EM

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February 13, 2026 APPEAL NO.150 OF 2025 (WZ) P.Kr.

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Page 2 of 2

Prakash Vagadiya v. State Environment Impact Assessment Authority Gujarat

Case brief

What is this about?

What did the court decide?

Prakash Vagadiya v. State Environment Impact Assessment Authority Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

Coram

Case details

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