Partly allowed

Imtiyaz Ibrahimbhai Patel v. State Environmental Impact Assessment Authority Gujarat

NGT24 Aug 2026Original Application No. 78/2026

Case brief

AI extract

What is this about?

The National Green Tribunal allowed an interim application seeking amendment of pleadings in a quashing petition regarding a mining lease. The court directed the State Environment Impact Assessment Agency (SEIAA) to make a fresh consideration after curing discrepancies in the geographical coordinates mentioned in the District Survey Report (DSR).

What did the court decide?

Application allowed with direction to SEIAA to make fresh consideration after curing discrepancies in geographical coordinates in the District Survey Report.

Imtiyaz Ibrahimbhai Patel vs State Environmental Impact… — Writ and Judicial Review | NGT (2026)

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(Pune Bench)

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Item No. 12

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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 363/2026 (WZ) IN

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ORIGINAL APPLICATION NO. 78/2026 (WZ)

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Imtiyaz Ibrahim Bhai Patel …..Applicant

Versus

SEIAA & Ors.

….Respondents

Date of hearing: 24.08.2026

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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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Applicant : Mr. Saurabh Kulkarni, Advocate a/w Mr. Adwait Gokhale, Advocate Respondents : Mr. Maulik Nanavatil, Adv. for R-1 Mr. Parth Bhatt, Adv. for R-3

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ORDER

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From the side of applicant I.A. No. 363/2026 has been filed, praying therein for amendment to be allowed to be incorporated in the Original Application, which is given in the Schedule-I Annexure A-2. Through this Schedule, Para 15A is to be inserted in the pleadings. In the ground, after the ground E, Ground F has to be added and further, after prayer C, prayer C-1 has to be added. We allow this application as no objection is raised from the side of respondents.

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Thereafter, the learned counsel for the applicant has provided us an amended copy of the application, which is taken on record and shall be treated to be Original Application from now onwards.

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Page 1 of 4

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From the side of respondent no. 1- SEIAA no reply has been filed. However, from the side of respondent no. 3- Commissioner of Geology and Mining, we find reply affidavit dated 21.08.2026 has been filed, wherein, it is mentioned that upon re-verification of the records available in their office a minor error is found to have crept in the DSR, with respect to geographical co-ordinates of the lease area of the applicant.

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It is further mentioned in this affidavit that in a similar matter involving discrepancies in the DSR with respect to the location of the mining lease, this Tribunal has passed order dated 09.04.2026 in Original Application No. 12/2026 Dharti Quarry Works Versus SEIAA and Ors ., as follows:-

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"11. Accepting, the argument made by the learned counsel for the Respondent No.1- SEIAA, Gujarat, we allow both these applications in terms of the judgment passed by us on 09.12.2025 in Appeal No.35/2025 and in other connected appeals, to the effect that the impugned orders passed by Respondent No.1-SEIAA dated 13.03.2023 and 15.04.2023 are set aside, with a direction that Respondent No. I-SEIAA, Gujarat shall make fresh consideration after ensuring that the discrepancy in geographical locations of the leased area of the applicants i.e. the geographical coordinates (latitude and longitude coordinates) in the mining area of the applicants is cured by the authority concerned. After such exercise is done, a fresh order shall be passed by Respondent No. I SEIAA on the Environmental Clearances granted by DEIAA to all these applicants and for that, if any application is required to be moved by the applicants before the Respondent No. 1-SEIAA via PARIVESH, they may move the same."

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Page 2 of 4

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Further, it is mentioned in this affidavit that the issues raised in the present appliction are substantially similar to the issues which were raised in the aforesaid matter. Therefore, similar order may be passed in this also.

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From the side of SEIAA, learned counsel Mr. Maulik Nanavati states that in view of the affidavit submitted by respondent no. 3, there are discrepancies in the DSR, in co-ordinates of the site in question in DSR. They need not file any reply and any order on merits which would be passed by this Tribunal, would be acceptable to SEIAA.

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In the Original Application the prayer is made to quash and set aside the District Survey Report dated 06.05.2023 of Bhaurch District being in violation of the Sustainable Sand Mining Management Guidelines, 2016 and Enforecement and Monitoring Guidelines of Sand Mining, 2020 as the coordinates of the mining lease of the applicants are mentioned incorrectly. Further, it is prayed that direction be issued to respondent no. 3 to prepare a fresh DSR in strict compliance with the mandatory procedure, including scientific replenishment studies and field-level data vertification. Further, it is prayed that reconsideration be made of the application for reappraisal of EC on account of glaring errors in the coordinates of the mining lease of the applicant on the Parvesh Portal and the DSR; further, it is prayed that a direciton be issued to reconsider the application for reappraisal of EC on account of certificate dated 12.08.2026 issued by the Office of the Deputy Executive Engineer Panchayat Roads and Building Sub-Division, Valia Jhagadia Road, Near Rest House, Taluka Valia, District Bharuch pointing out that there is no public road within the distance of 200 mtrs. from the lease of the applicant. In view of the above facts, the submission made by the learned counsel for SEIAA as well as respondent no. 3, it is clear that discrepancy

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Page 3 of 4

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is found to be there in the DSR with respect to geological coordinates with lease area of the applicant. Therefore, we allow this application with the direction to the respondent no. 1- SEIAA to make fresh consideration after ensuring that the discrepancy in the geographical locations of the leased area of the applicant i.e. the geographical coordinates (latitude and longitude coordinates) of the leased area of the applicant mentioned in the DSR is cured by the authority concerned. After such exercise is done a fresh order shall be passed by the respondent no. 1- SEIAA on EC granted by DEIAA to the applicant and for that, if any application is required to be moved by the applicant before the respondent no. 1- SEIAA via PARIVESH, he may move the same.

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This application stands disposed of.

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Justice Dinesh Kumar Singh, JM

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Dr. Sujit Kumar Bajpayee, EM

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August 24, 2026 I.A NO 363/2026 (WZ) IN ORIGINAL APPLICATION NO. 78/2026 (WZ) F.K

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Page 4 of 4

Imtiyaz Ibrahimbhai Patel v. State Environmental Impact Assessment Authority Gujarat

Case brief

What is this about?

What did the court decide?

Imtiyaz Ibrahimbhai Patel v. State Environmental Impact Assessment Authority Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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