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The State of Bihar & Ors. vs Pawan Kumar & Ors.

Civil Appeal · 2022 INSC 62Decided 18 Jan 2022
Civil Appeal Nos. 3661-3662 of 2020

Background

In an earlier order (10 November 2021) in this pending appeal, which arose from National Green Tribunal directions on illegal sand mining in Bihar, the Supreme Court had allowed the State to carry out mining through the Bihar State Mining Corporation and its contractors on a stop-gap basis, until proper District Survey Reports and environmental clearances were completed. Several unsuccessful or previously-extended bidders for sand-mining contracts (in districts like Kishanganj, Banka, Jamui and Nawada) then filed applications complaining that fresh short-term tenders issued by the Corporation unfairly bypassed their earlier bids or extensions, and one applicant alleged the tenders ignored environmental safeguards, amounting to contempt of court.

Decision Breakdown

The Court held that none of the applicants, whether relying on old extensions or on 2019 tender wins overtaken by the Tribunal's and the Court's later orders, had a vested right to continue mining, since its 10 November 2021 order was only a temporary stop-gap arrangement pending completion of proper environmental review, with all new tenders expressly limited to 31 March 2022. It therefore rejected the applications seeking to enforce old bids, while reminding the State Government to strictly ensure environmental safeguards during the interim mining permitted, and disposed of the contempt-related application on that basis.

Lesson Learnt

A court's interim, stop-gap permission to carry on an activity (here, mining) pending completion of a proper regulatory process does not create a permanent or vested right for private contractors: such arrangements remain provisional and subject to whatever final process the court has directed.

Official source (sci.gov.in)View Judgment (PDF)

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