Court emphasizes mandatory requirement for valid DSR before initiating sand mining activities, safeguarding environmental compliance.
In a significant ruling, the Chhattisgarh High Court has quashed the Notice Inviting Tender (NIT) for sand mining in Village Hathnewara, District Janjgir-Champa, citing the lack of a validly approved District Survey Report (DSR). The decision was delivered on May 15, 2026, by a division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, emphasizing adherence to statutory guidelines and Supreme Court precedents.
The Gram Panchayat of Hathnewra, represented by its Sarpanch Thakur Dushyant Singh Chandel, had challenged the tender process initiated on March 30, 2026, under the Chhattisgarh Minor Mineral Ordinary Sand Rules, 2025. The petitioner argued that the auction for granting quarry leases was undertaken without the necessary DSR, thereby violating the Enforcement and Monitoring Guidelines for Sand Mining, 2020, and Supreme Court judgments.
The Court noted the pivotal role of a DSR in ensuring environmentally responsible mining practices. It highlighted the Supreme Court's directive in the case of "State of Uttar Pradesh v. Gaurav Kumar" (2025), which mandates the preparation, public scrutiny, and final approval of a DSR before any mining activities or tenders are initiated. The absence of such a report renders any proceeding for sand mining legally untenable.
The State, represented by Additional Advocate General Praveen Das, argued that a draft DSR for 2025 had been prepared and made public. However, the Court found no conclusive evidence of its final approval by the District Collector, rendering the tender process void.
While quashing the NIT, the High Court allowed the State the liberty to reinitiate the process, contingent upon compliance with all legal requirements, including a finalized DSR. Additionally, the Court reaffirmed the State's authority to regulate mining activities and combat illegal operations, underscoring the need for strict adherence to environmental laws.
This judgment serves as a reminder of the judiciary's role in enforcing environmental regulations and ensuring that economic activities do not compromise ecological integrity.
Bottom line:-
Quarry lease for ordinary sand cannot be initiated without a validly approved District Survey Report (DSR) as mandated by the Enforcement and Monitoring Guidelines for Sand Mining, 2020, and binding precedents from the Hon'ble Supreme Court.
Statutory provision(s): Enforcement and Monitoring Guidelines for Sand Mining, 2020; Chhattisgarh Minor Mineral Ordinary Sand Rules, 2025; Section 54 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993
Gram Panchayat, Hathnewra v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2899857
