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Judgment
Heard Shri Ajit Sharma, learned counsel for the applicant and perused records.
This is an original application under Section 14 and 15 of National Green Tribunal Act, 2010 assailing District Survey Reports (DSRs) prepared for Districts Ambala and Yamuna Nagar pursuant whereto auction notices dated 31.05.2022 and 26.07.2022 have been issued, on the ground that above DSRs have not been prepared in accordance with mandatory provisions of Sustainable Sand Mining Management Guidelines, 2020 and MoEF&CC Notification dated 25.07.2018.
Learned counsel for the applicant stated that replenishment study has not been conducted scientifically and the figures of the sources of mined material have been mentioned in the DSR on guess work without any proper study. It is said that the data of sourced mined mineral is given without having any positive material in support thereof and based on conjectures and guess work of Authorities concerned.
However, we find no merit in the submission at this stage in as much as in the MoEF&CC Notification dated 25.07.2018 and Sand Mining Guidelines, 2020, the requirement of replenishment study is one of the part of preparation of DSR but whether entire exercise has to mentioned in the DSR report, is not the requirement under the aforesaid provisions.
In absence of any positive and substantive material on record, it cannot be said that DSR has not been prepared in accordance with law. It is not the case of the applicant that there is any violation of environmental laws or norms by carrying out any mining activities in the area concerned. In our view, the application at this stage is premature.
The application is dismissed.
In view of order in the main matter, I.A. No. 286/2022 also stands disposed of.