Dismissed

Bhakhariya Majesh Jayantibhai (Proprietor of Maa Ambe Quarry Works) v. State Environment Impact Assessment Authority Gujarat

NGT8 Jul 2026Appeal No. 458/2025

Case brief

AI extract

What is this about?

Appeal against rejection of application for re-appraisal of Environmental Clearance. Tribunal held that no discrepancy existed in GPS coordinates and SEIAA lacked jurisdiction to revise clearance, as road was a public village road not exclusively used by appellant.

What did the court decide?

Appeal rejected with liberty to make a fresh application for a lesser area in accordance with law.

Bhakhariya Majesh Jayantibhai (Proprietor of Maa… — Civil Procedure and Limitation | NGT (2026)

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(Pune Bench)

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Item No.24

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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.458 OF 2025 (WZ)

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Bhakariya Majesh Jayantibhai

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…..Appellant

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Versus

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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

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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 03.01.2025 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 Highway is within 200 mtrs. 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 meant for

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Page 1 of 2

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and is actually 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.458 OF 2025 (WZ) P.Kr.

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Page 2 of 2

Bhakhariya Majesh Jayantibhai (Proprietor of Maa Ambe Quarry Works) v. State Environment Impact Assessment Authority Gujarat

Case brief

What is this about?

What did the court decide?

Bhakhariya Majesh Jayantibhai (Proprietor of Maa Ambe Quarry Works) 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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