Dismissed

Rameshkumar Nanjibhai Patel v. State Environment Impact Assessment Authority Gujarat

NGT8 Jul 2026Appeal No. 489/2025

Case brief

AI extract

What is this about?

The Tribunal rejected the appellant's appeal against the rejection of his application to re-appraise an Environmental Clearance. Holding that the GPS coordinates showed no discrepancy and the area part fell in a restricted zone, the court ruled the SEIAA correctly lacked jurisdiction to revise the clearance.

What did the court decide?

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

Rameshkumar Nanjibhai Patel vs State Environment… — Mining and Natural Resources | NGT (2026)

¶1

Item No.27

¶2

(Pune Bench)

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

¶4

[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]

¶5

APPEAL NO.489 OF 2025 (WZ)

¶6

Ramesh Kumar Nanjibhai Patel

¶7

…..Appellant

¶8

Versus

¶9

State Environment Impact Assessment Authority, Gujarat & Anr.

¶10

….Respondents

¶11

Date of hearing: 08.07.2026

¶12

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

¶13

Appellant : Mr. Saurabh Kulkarni, Advocate along-with Dr. Prashant Bhat and Mr. Adwait Gokhale, Advocates

¶14

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.

¶15

ORDER

¶16

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 lease area is within forest 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.

¶17

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 a portion of their existing mining area falls in the prohibited or restricted zone, being within a distance of 50 meter from the forest area or

¶18

Page 1 of 2

¶19

within the buffer zone of the eco-sensitive area. 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. In other words, they have sought permission to undertake and carry out mining activity over the leased area which is outside the prohibited or restricted zone as there is no legal bar in carrying out mining activity. In this regard, the appellant has been informed by the SEIAA that they do not have jurisdiction to revise the said environmental clearance.

¶20

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.

¶21

Justice Dinesh Kumar Singh, JM

¶22

Dr. Sujit Kumar Bajpayee, EM

¶23

July 08, 2026 APPEAL NO.489 OF 2025 (WZ) P.Kr.

¶24

Page 2 of 2

Rameshkumar Nanjibhai Patel v. State Environment Impact Assessment Authority Gujarat

Case brief

What is this about?

What did the court decide?

Rameshkumar Nanjibhai Patel 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

Similar cases

Vipin Kumar Saxena vs Seiaa

Calangute Constituency Forum vs State of Goa

Ms Chawla Engineering Works vs Delhi Pollution Control Committee

Ms Rapid Diagnostic Group vs Delhi Pollution Control Committee

A.Thiyagaraj vs Tamil Nadu Pollution Control Board

A.Thiyagaraj vs Tamil Nadu Pollution Control Board

A. Thiyagaraj vs Tamil Nadu Pollution Control Board

A.Thiyagaraj vs Tamil Nadu Pollution Control Board

Vandana Chavan vs Pune Municipal Corporation

Sarang Yadwadkar vs Union of India

Vandana Chavan vs Pune Municipal Corporation

Sushilkumar Mulchandji Agrawal (Propriter of M/S Bravim Enterprise) vs State Environment Impact Assessment Authority Gujarat

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

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