Dismissed

Rahimbhai Parsani (Proprietor of Kisan Quarry Works) v. State Environment Impact Assessment Authority Maharashtra (Seiaa)

NGT8 Jul 2026Appeal No. 435/2025

Case brief

AI extract

What is this about?

Appeal against SEIAA Gujarat's rejection of EC re-appraisal application due to public road proximity. Court found no GPS discrepancy and quashed EC. Appellant granted liberty to apply for reduced lease area.

What did the court decide?

Liberty granted to appellant to make fresh application for lease of lesser area.

What the court decided

Rahimbhai Parsani (Proprietor of Kisan Quarry… — Pension and Retirement Benefits | NGT (2026)

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Item No.23

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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.435 OF 2025 (WZ)

Kisan Quarry Works

…..Appellant

Versus

State Environment Impact Assessment Authority, Gujarat & Anr.

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….Respondents

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Date of hearing: 08.07.2026

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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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This appeal has been filed, seeking quashing of order dated 13.03.2025 passed by Respondent No.1- SEIAA, Gujarat, whereby the application of the appellant for re-appraisal of the Environmental Clearance (EC) granted by the DEIAA has been rejected, on the ground that the public road is within 100 meter of lease area which is not in compliance with the distance criteria prescribed by the Principal Bench of this Tribunal vide order dated 30.09.2020 in Original Application No.85/2019 ; Sustainable Sand Mining Guidelines of MoEF&CC, 2016 etc.

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From the side of Respondent No.1- SEIAA, Gujarat, Report by way of an affidavit dated 09.01.2026 has been filed, wherein it is submitted that no material is produced by the appellant to establish prima facie that the said road has been built by him with his own funds and that it is actually

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Page 1 of 2

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used exclusively by the appellant for accessing the mining area. On the contrary, there is plethora of material available indicating that the road is used by members of the public freely and that no permission has been obtained or is required to be obtained from the appellant for use of the said road. Most of these roads find mention in the village record as village roads or panchayat roads, which otherwise do not fall within the administrative purview of the Roads and Building Department, Government of Gujarat. Therefore, a request was made by the appellant for grant of revised environmental clearance, by deducting the area of lease, which falls within the prohibited or restricted zone and over which area, no mining activity is permitted as per the distance criteria adopted and fixed for the State of Gujarat and specified in the District Survey Report for the concerned district. Therefore, the appellant has been informed by the SEIAA that they do not have jurisdiction to revise the environmental clearance.

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In view of the above affidavit of Respondent No.1- SEIAA, it is quite clear that there was no discrepancy found in the GPS coordinates and therefore, we are of the view that the application of the appellant for reappraisal of the Environmental Clearance (EC) was rightly rejected by Respondent No.1, hence this appeal deserves to be rejected and is accordingly rejected with the liberty granted to the appellant to make a fresh application before the appropriate authority for grant of lease for a lesser area in accordance with law.

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Justice Dinesh Kumar Singh, JM

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Dr. Sujit Kumar Bajpayee, EM

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July 08, 2026 APPEAL NO.435 OF 2025 (WZ) P.Kr.

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Rahimbhai Parsani (Proprietor of Kisan Quarry Works) v. State Environment Impact Assessment Authority Maharashtra (Seiaa)

Case brief

What is this about?

What did the court decide?

What the court decided

Rahimbhai Parsani (Proprietor of Kisan Quarry Works) v. State Environment Impact Assessment Authority Maharashtra (Seiaa)

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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