2025LatestLegalMay 2025Supreme Court

Sandmining impact on Environment –Supreme Court Judgment

The e-tender notice for sand gravel, boulders, etc; in the riverbed of Saharanpur district was challenged before the National Green Tribunal on the ground that there was no District Survey Report.  NGT quashed the auction on the ground that it is in violation of the legal mandate under 2006 EIA Notification.

While a complete ban on sand mining would certainly restore ecology and preserve the environment, we all know that such measures are impractical. The rate at which we are mining sand is much higher than the replenishment rate.  This imbalance between consumption and natural replenishments is what becomes the cause of worry.  The geological processes that reduce sand like the weathering of rocks and the movement of sediments through rivers cannot match the rate at which we are extracting sand from nature.

Further human interventions such as damming rivers or diverting their natural courses block the natural downstream flow of sediment.   As a result, sand fails to reach the places where it would normally accumulate, the river deltas and coastal areas.

Beaches are wearing away faster than natural forces can restore them, and riverbeds are being emptied quickly than upstream erosion can replenish them.

The need for development and the concerns to preserve ecology stands at crossroads when it comes to the issue of sand mining.  The urgent need is to raise awareness that while sand is crucial resource for economic and industrial development.

District Survey Report – Mandatory requirement of preparation which shall form the basis for grant of environmental clearance for sand mining – Preparation of a DSR as per the procedure prescribed for its preparation is required to be followed meticulously.

A valid and a subsisting DSR alone can be the basis for an application for grant of EC.    A draft DSR is not tenable for grant of an environmental clearance.

Judgment dated 8.5.2025 of the Supreme Court of India in Civil Appeal No.14170 of 2024 of State of Uttar Pradesh & Another   Vs.   Gaurav Kumar and others

 

 

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