Disposed

Raj Kishor Singh v. State of Madhya Pradesh through Principal Secretary Department of Housing and Environment

NGT9 Sept 2026Original Application No. 93/2026

Case brief

AI extract

What is this about?

Appt alleged illegal sand mining and river obstruction in M.P. Joint Committee reported no violations found due to monsoon season. Court accepted facts and disposed of application, allowing fresh filing if violations arise later.

What did the court decide?

Original Application and pending IAs disposed of; liberty granted to file fresh application if illegal mining is found in the next session.

Raj Kishor Singh vs State of Madhya Pradesh through… — Environment and Pollution | NGT (2026)

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Item No.06

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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Original Application No.93/2026(CZ)

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Raj Kishore Singh Applicant(s)

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Vs.

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State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 09.09.2026

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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For Applicant (s): Mr. Gaurvanvit Jain, Adv. For Respondent(s) : Mr. Prashant M. Harne, Adv. for State of M.P. Mr. Dharamvir Sharma, Adv. for R-2 Ms. Parul Bhadoria, Adv. for MPPCB Mr. Vivek Choudhary, Adv. for R-4 Mr. Rohit Sharma, Adv. for R-8

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ORDER

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The grievances of the applicant are that Respondent No. 8 has acted in gross violation of the provisions of the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019, inter alia, by indulging in prohibited in-stream mining and by unlawfully constructing temporary access roads across the Dhasan and Ken rivers for the transportation of sand minerals, thereby obstructing natural flow and aggravating environmental harm. The impugned acts and omissions are in clear contravention of the mandatory provisions enshrined under the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974.

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After taking cognizance of the matter, a Joint Committee consisting the representatives of the Collector, Chhatarpur, and Member Secretary,

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O.A. No.93/2026(CZ) Raj Kishore Singh Vs. State of M.P. & Ors.

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State PCB, was constituted with direction to submit the factual and action taken report. The report has been filed.

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Notices were issued to the Respondents and in response to the above notices, the MoEF&CC filed the reply.

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Learned Counsel for the MoEF&CC has argued that the Ministry of Environment, Forest and Climate Change has issued the EIA Notification dated 14^th September, 2006, and Environmental Clearance (EC) is being issued in accordance with the Category ‘A’ and ‘B’. B Category requires prior Environmental Clearance from the State/Union Territory Environment Impact Assessment Authority (SEIAA). It is further argued that Enforcement and Monitoring Guidelines for Sand Mining, 2020, with the supplement existing Sustainable Sand Mining Guidelines, 2016, are required to be followed by the Project Proponent.

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The Members of the Committee visited the site and submitted the report as follows:-

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FACTUAL AND ACTION TAKEN REPORT

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In the Matter of "Raj Kishore Singh V/s State of Madhya

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Pradesh & Ors."

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Observations:

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4. The facts observed by the members of the joint committee, are as follows:-

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4.1 In District Chhatarpur the Madhya Pradesh State Mining

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Corporation had floated E-tender cum Auction on dated 28.06.2023 under the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rule 2019 inviting contractor for sand excavation.

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4.2 In this, tenders were granted for sand mining in 46 sand mines situated in Tehsil Chhatarpur, Gaurihar, Luvkushnagar, Chandla, Nowgong, Rajnagar, Bijawar and Badamalhara in District Chhatarpur (M.P.).

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O.A. No.93/2026(CZ) Raj Kishore Singh Vs. State of M.P. & Ors.

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4.3 The Respondent No. 8 Euphoria Mines & Minerals Private Limited was declared as the successful bidder through order no. Sand/Chhatarpur/2023/691 dated 26.08.2023. The information provided by the Mining Department, Collector Office, District Chhatarpur of these sand mines.

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4.4 That out of 46 sand mines 40 have been granted Environmental Clearances by the SEIAA. Similarly, 40 sand mines have been granted consent to establish and consent to operate by the MP PCB.

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4.5 During the visit no sand mining activities, loading unloading of mineral, transportation was observed by the joint committee. In compliance of the order of district collector, Chhatarpur mining of sand in river Ken and Dhasan is prohibited during the monsoon season. order enclosed as Annexure-6. Construction of temporary access roads across the rivers Dhasan and Ken for the transportation of sand minerals thereby obstructing natural flow and aggravating environmental harm was not observed/found by the committee.

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4.6 That it is necessary to mention that the Dhasan and Ken river flows through the state of Madhya Pradesh and Uttar Pradesh.

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4.7 That the sand mining activities is being carried out in District Chhatarpur after seeking necessary permissions from the necessary authorities and as per the terms and conditions laid down in the consent obtained by the MP Pollution Control Board and the EC obtained by the SEIAA.

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ACTION TAKEN BY THE JOINT COMMITTEE

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5. The Joint committee has taken the following actions:

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5.1 That the Mining Department conducts regular inspection of these sand mines. In the year 2022 to 2026, total 32 cases of illegal sand mining in river Ken and 05 cases of illegal sand mining in river Dhasan have been registered. The details of cases of illegal sand mining given below :-

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O.A. No.93/2026(CZ) Raj Kishore Singh Vs. State of M.P. & Ors.

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The list of cases filed by the Mining department, Collector Office, District Chhatarpur against persons involved in illegal sand mining activities for the year 2022-23 and the year 2025-2026 is filed herewith as Annexure-7.

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5.2 That the project proponent M/s. Euphoria Mines & Minerals Private Limited has planted 7310 trees under the terms of Environmental Clearance granted by SEIAA. The information provided to the Collector Office, District Chhatarpur regarding the plantation carried by Project Proponent (Respondent No. 8) through letter no. 97 dated 14.09.2024.

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5.3 That the committee had conducted thorough inspection of the site on 28th and 29^th of July 2026. However, due to the monsoon season no mining activity was observed.

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5.4 The Hon'ble Tribunal may take the present factual and action taken report on record.”

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The list of the permission and Environmental Clearance granted in favour of the Project Proponent has been given by the Members of the Committee and office of the Mining Department, District-Chhatarpur, has further submitted the details of the proceedings of the auction.

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The perusal of the Joint Committee Report discloses that there was no illegal mining found during inspection due to monsoon season. It is further argued that the Respondent/Project Proponent (Euphoria Mines & Minerals Private Limited), has planted 7310 trees under the terms of the Environmental Clearance granted by the SEIAA.

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Learned Counsel for the Applicant has submitted that the visit was done during the monsoon season, thus, the mining was not found operational.

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Since the violations have not been reported by the Joint Committee, thus, the matter stands disposed of. However, the Applicant is at liberty to file a fresh application in case illegal mining is found in next session.

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O.A. No.93/2026(CZ) Raj Kishore Singh Vs. State of M.P. & Ors.

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